Liebrand

Liebrand v. Battenburg

Good Law
1994 Cal. App. LEXIS 993·28 Cal. App. 4th 1338·33 Cal. Rptr. 2d 871·94 Daily Journal DAR 13768·94 Cal. Daily Op. Serv. 7544
Court of Appeal of CaliforniaSeptember 29, 1994No. B073307California2,227 words

Opinion

Lead Opinion

Yegan, J.

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.

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, *1342 Andrew resided in California. On January 16, 1991,…

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