What is the test for removing a child from the custody of one parent and giving it to the other parent?

California, United States of America


The following excerpt is from Garcia v. Garcia, 2d Civil No. B291948 (Cal. App. 2018):

"'[A] child will not be removed from the prior custody of one parent and given to the other "unless the material facts and circumstances occurring subsequently are of a kind to render it essential or expedient for the welfare of the child that there be a change." [Citation.] The reasons for the rule are clear: "It is well established that the courts are reluctant to order a change of custody and will not do so except for imperative reasons; that it is desirable that there be an end of litigation and undesirable to change the child's established mode of living." [Citation.]'" (Speelman v. Superior Court (1983) 152 Cal.App.3d 124, 129.)

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