BILL NUMBER: SB 156	CHAPTERED  10/06/03

	CHAPTER  674
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2003
	APPROVED BY GOVERNOR  OCTOBER 5, 2003
	PASSED THE SENATE  SEPTEMBER 9, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN SENATE  MAY 13, 2003

INTRODUCED BY   Senator Burton

                        FEBRUARY 11, 2003

   An act to amend Section 7501 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 156, Burton.  Custody:  residence of the child.
   Existing law provides that a parent entitled to the custody of a
child has a right to change the residence of the child, subject to
the power of the court to restrain a removal that would prejudice the
rights or welfare of the child.  Existing law, as established in In
re Marriage of Burgess (1996) 13 Cal.4th 25, provides that when a
judicial custody order is in place, a custodial parent seeking to
relocate bears no burden of establishing that it is necessary to do
so.
   This bill would state the intent of the Legislature to affirm the
decision in the case described above and to declare that ruling to be
the public policy and law of this state.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7501 of the Family Code is amended to read:
   7501.  (a) A parent entitled to the custody of a child has a right
to change the residence of the child, subject to the power of the
court to restrain a removal that would prejudice the rights or
welfare of the child.
   (b) It is the intent of the Legislature to affirm the decision in
In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that
ruling to be the public policy and law of this state.