Supreme Court of California

Where one parent has been awarded sole legal and physical custody of a child after a contested custody dispute, and a noncustodial parent opposes their decision to relocate with the child, a trial court may deny a noncustodial parent's requests to modify custody based on the relocation without holding an evidentiary hearing if the noncustodial parent's allegation or showing of detriment to the child is insubstantial under the circumstances of the case, or is otherwise legally insufficient to warrant relief.

Appellate Information

• Decided 02/02/2006
• Published 02/02/2006

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• John F. Hodges, Arroyo Grande, Daniel L. Helbert, San Luis Obispo;  Misho, Kirker & Associates and Vanessa Kirker, for Appellant., Judy Wood, Atascadero, for Minor.


• For Appellees:
  
• Law Offices of Jeffrey W. Doeringer and Jeffrey W. Doeringer, Huntington Beach, for Respondent.