BILL NUMBER: SB 1482	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2006

INTRODUCED BY   Senator Romero

                        FEBRUARY 23, 2006

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1482, as amended, Romero  Child custody.
   Existing law provides that a parent who is 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.
   This bill  would authorize a court to deny a noncustodial
parent's request to modify custody based on a change of residence of
the child, without holding an evidentiary hearing, if the
noncustodial parent's allegation or showing of detriment to the child
is not substantial in light of all the circumstances presented in
the case, or is otherwise legally insufficient to warrant relief
  instead provide that a parent entitled to the custody
of a child has a presumptive right affecting the burden of proof to
change the   residence of the child. The bill would require
a parent seeking to restrain a child's relocation to make a prima
facie showing, setting forth specific facts, as to the harm the child
will suffer as a result of the relocation which necessitates a
change in the child's custody. The bill would also provide that this
standard would apply regardless of how the existing custody order was
established  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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   presumptive right affecting the burden
of proof  to change the residence of the child, subject to the
power of the court to restrain a  removal  
residence relocation  that would prejudice the rights or welfare
of the child.  
   (b) A trial court may deny a noncustodial parent's request to
modify custody based on a change of residence of the child without
holding an evidentiary hearing, if the noncustodial parent's
allegation or showing of detriment to the child is not substantial in
light of all the circumstances presented in the case, or is
otherwise legally insufficient to warrant relief.  
   (c) 
    (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.  
   (c) A parent seeking to restrain a child's relocation shall make a
prima facie showing, setting forth specific facts, as to the harm
the child will suffer as a result of the relocation which
necessitates a change in the child's custody. Normal incidences of
moving, including, but not limited to, increased distance from the
noncustodial parent, change of schools or neighborhoods, or
alteration of the custody or visitation schedule, are insufficient in
and of themselves to establish detriment or prejudice, and shall not
be the basis for an evidentiary hearing regarding the relocation.
 
   (d) The provisions of subdivision (c) apply whether the existing
custody arrangement was established by court order, stipulation, de
facto arrangement, or otherwise.