Since the 1996 Burgess decision, California courts have allowed custodial mothers to move with their children after divorce. While Burgess involved only a 40 mile move within the same county, it has been interpreted by California courts to permit moves of hundreds or thousands of miles. Recently the California Supreme Court issued an historic opinion in LaMusga which will allow divorced dads to block moves which can be shown to be harmful to the bonds they share with their children.
At the heart of many move-away decisions is the question “do fathers matter or not?”
Gloria Allred is the feminist attorney who won the Burgess case in 1996. Garret Dailey recently defeated a move-away mom and the dozens of feminist organizations which supported her in LaMusga. Gloria and Garrett debated the move-away issue on His Side with Glenn Sacks.
To learn more about the move-away issue, see:
1) Glenn’s newspaper column “Is a Pool More Important than a Dad?” (San Francisco Chronicle, 5/4/04), (co-authored by family law attorney Jeff Leving)
2) The California Supreme Court’s LaMusga opinion at [PDF].
3) News articles on the decision: “Court: Kids’ benefit primary” (Los Angeles Daily News, 4/30/04) and “Child Custody Rights Refined” (Los Angeles Times, 4/30/04).
4) All LaMusga briefs from both sides here
5) Gloria Allred’s column “Moving Matters in Custody” (Los Angeles Daily Journal, 10/3/02)
6) Glenn’s controversial LaMusga radio commentary–for a print version, click here. To listen, click here.
7) Glenn’s newspaper column California NOW Spits on My Wife (Sarasota Herald-Tribune, 2/23/04)
8) Glenn’s newspaper column California Senate Leader to Family Courts: Don’t Consider Children’s Best Interests (Daily Breeze [Los Angeles], 4/6/04)
9) Glenn’s newspaper column New California Move-Away Law Hurts Children of Divorce (Long Beach Press Telegram, 10/18/03)
10) Glenn’s newspaper column New Study, Case May Help California Children of Divorce (Pasadena Star-News &Affiliated Papers, 6/5/03)
11) Glenn’s newspaper column No Virtue in Virtual Visitation (Boston Globe, 7/12/02) (coauthored by Dianna Thompson of the National Family Justice Association).
12) San Jose Mercury News editorial “A victory for children” (5/3/04).