Marriage of Rachel and Mark B.
This appeal arises from an order entered after final judgment in a marriage dissolution action involving appellant Mark B. and respondent Rachel B. According to the judgment entered in their dissolution action, the parties shared legal custody of their daughter, U., and Rachel had primary physical custody of U., while Mark was granted visitation set at 20 percent. Rachel filed an order to show cause (OSC) requesting a "move away" order so that she could relocate to Hawaii with U. After a hearing on the matter, the trial court granted Rachel's request to relocate with U. to Hawaii.
Mark appeals from the court's order allowing Rachel to relocate with U. to Hawaii. Mark contends that the trial court misunderstood and erroneously applied In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (LaMusga), to the circumstances of this case. He further contends that the trial court abused its discretion in concluding that allowing Rachel to relocate to Hawaii with U. would be in U.'s best interest.
Court conclude that although Mark met his burden to establish that the proposed move would result in some detriment to U., the trial court properly applied the law and weighed the evidence before it, and did not abuse its discretion in determining that it was in the child's best interest to grant the mother's request to allow her to relocate with U. to Hawaii.
Comments on Marriage of Rachel and Mark B.