In Re Marriage of Battenburg

We confront yet another "move away" case in family law. We revisit our previous opinion in In re Marriage of McGinnis (1992) 7 Cal. App.4th 473 [ 9 Cal. Rptr.2d 182 ], and the California Supreme Court precedent upon which it was based. Where, as here, the parents of a kindergartner are going to live a thousand miles from one another, a shared parenting arrangement cannot work. The trial court must make a reasoned decision as to who shall be the custodial parent. The test has always been and continues to be the "child's best interests." (See e.g., In re Marriage of Carney (1979) 24 Cal.3d 725, 730 [ 157 Cal. Rptr. 383 , 598 P.2d 36 , 3 A.L.R.4th 1028 ]; Burchard v. Garay (1986) 42 Cal.3d 531, 535 [ 229 Cal. Rptr. 800 , 724 P.2d 486 , 62 A.L.R.4th 237 ]; former Civ. Code, § 4600, subd. (b), now Fam. Code, § 3040, subd. (a).)

John Battenburg (father) appeals a custody order permitting his former wife, Edith Liebrand (mother), to remove their son Andrew from the state. We affirm. [1]

Father and mother married in 1982 and separated in 1990. Their only child, Andrew, was born June 1, 1989. Prior to the order here challenged, Andrew resided in California. On January…