Is a motion to change custody from the custodial parent to the non-custodial parent subject to the detriment standard?

California, United States of America


The following excerpt is from In re Marriage of Wylmina, H031922 (Cal. App. 8/27/2008), H031922 (Cal. App. 2008):

As a motion to change custody from the custodial parent to the non-custodial parent is subject to this detriment standard only where the custodial parent seeks to change the child's residence, the trial court's description of the change of circumstances rule that would apply to all future motions to modify its final custody order was erroneous. While the trial court could properly point out in its order that the custody ruling was "a final judicial decree regarding custody and visitation pursuant to Montenegro v. Diaz[,]" the remainder of that paragraph incorrectly stated that the standard applicable to motions to modify in move-away cases would apply to any motion to modify the custody order.

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