Children to Benefit from Calif. Ruling on Custody, Relocation, Law Prof Says

A new California Supreme Court ruling that allows divorced parents who relocate to keep custody of their children is a critical advance for kids and likely will influence future legal decisions in other states, says a UC Davis law school professor. "The court has ruled that the custodial household is a family unit that needs to be protected in order to protect children's well-being," says Carol Bruch. She co-wrote a brief to the court in the landmark case on behalf of nine California law scholars advocating more leniency for custodial parents who need to move. Until the ruling earlier this month, custodial parents -- who are women in 80 percent of divorces -- often have been forced to stay in an area so that non-custodial parents could see their children. Meanwhile, the custodial parents forfeited education, better economic conditions, or the companionship of family or new spouses. "We've assumed over the years that the children go to see the noncustodial parent, not that the noncustodial parent might go to see the children," Bruch says. But, it's been shown, she says, that "children's well-being depends on their relationship with the primary caregiver." Bruch's amici curiae, or friend of the court, brief includes UC-developed guidelines to help courts evaluate relocation disputes.

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Susanne Rockwell, Web and new media editor, (530) 752-2542, sgrockwell@ucdavis.edu