M.L.
M.L. v. M.T.J. CA 2/6
Opinion
Opinion
DISCUSSION
Father argues that the family law court abused its discretion by not determining if relocating to Texas was in R.’s best interests or in the interests of public policy. (Fam. Code, § 3011.) He asserts that Mother is relocating to deprive him of a relationship with R. and is motivated by her jealousy of his former partner. In applying the best interest of the child analysis in a relocation or “move-away” case, the family law court considers the child’s interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the child; the child’s relationship with each parent; the relationship between the parents, including their ability to communicate and cooperate, their willingness to place the child’s interest above their own; the reasons for the move; and the extent to which the parents presently share custody. (In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1101.) The standard of review of custody and visitation orders is the deferential abuse of discretion standard. (In re Marriage of
3 Burgess (1996) 13 Cal.4th 25, 32.) “The precise measure is whether the trial court could have reasonably concluded that the order in question…