California court makes it more difficult for parents with custody to leave state

SAN FRANCISCO (AP) _ The California Supreme Court has clarified the state's child custody law, making it more difficult for parents to relocate out-of-state with children if the other parent disputes

Friday, April 30th 2004, 12:00 am

By: News On 6

SAN FRANCISCO (AP) _ The California Supreme Court has clarified the state's child custody law, making it more difficult for parents to relocate out-of-state with children if the other parent disputes the move.

The justices emphasized that judges are to consider the ``best interests of the children'' _ not the parents _ in deciding such disputes.

Until Thursday's decision 6-1, a parent with custody of the children generally could move to another state over the objections of the other parent.

But the court said its primary concern was for the courts to fashion ``a custody order that serves the best interests of the children,'' Justice Carlos Moreno wrote.

The case decided Thursday involves a custody dispute between Gary LaMusga and Susan Navarro, a Bay Area couple who divorced in 1995. The couple's two sons, then 2 and 4, remained with their mother and the father had visitation rights.

Navarro, who later remarried, asked the court to alter the children's visitation schedule with their father so she could move to Ohio, where her new husband had a job offer.

A judge turned down the request, saying it would be detrimental to the children because of their emerging relationship with the father.

The husband's attorney said the court's decision affirmed existing California law, which was being misapplied by the courts.

``The perceived standard was that the custodial parent had an absolute right to move is not the correct standard,'' attorney Garrett Daily said.

The woman's attorney, Tony Tanke, did not return calls seeking comment.