California\u27s Move-Away Law: Are Children Being Hurt by Judicial Presumptions that Sweep Too Broadly?

This Comment will summarize the various types of custody situations and their relevance in deciding move-away cases. Next, this Comment will examine In re Marriage of Burgess, a landmark California Supreme Court move-away case, and discuss its impact on family law courts, families, and attorneys involved with move-away cases. Included is an examination of certain factors that the Burgess court did not fully address in its analysis. Finally, drawing upon public policy, social science research, legal commentary, and other jurisdictions\u27 moveaway laws, this Comment will propose a more comprehensive approach to deciding move-away cases. This approach limits the application of judicial presumptions, and allows for greater consideration of the specific facts of each case, especially through recharacterizing the types of parent-child relationships that develop after the parents separate