In most divorces the custodial parent, usually
the mother, has the right to move the children hundreds or even
thousands of miles away from the noncustodial father, harming or
sometimes destroying the crucial bonds between fathers and their
children, and there is usually little that noncustodial fathers
can do about it.
Since the 1996 California Burgess
decision, in which move-away mom Wendy Burgess was successfully
represented by feminist attorney Gloria Allred, California
custodial parents have had the presumptive right to move. In
Re: Marriage of LaMusga, a move-away case currently before
the California Supreme Court in which a mother seeks to move her
two children 500 miles away from their loving father, may change
that.
Over 100 feminist groups have filed Amicus
Curiae briefs supporting the mother and her attempt to move in
LaMusga.
Garrett C. Dailey, the lead attorney representing the father
before the California Supreme Court in LaMusga, and Patti
Diroff of the Children's Rights
Council discussed the case and its impact on fathers'
rights.
To learn more about move-aways, see Glenn's
columns
New Study, Case May Help California Children of Divorce Retain
Bonds with Both Parents (Pasadena Star-News &Affiliated
Papers, 6/5/03) and
No
Virtue in 'Virtual Visitation' (Boston Globe, 7/12/02). The
latter column was co-authored by
Dianna Thompson, Executive Director of the
American Coalition for Fathers
and Children.