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IN RE MARRIAGE OF BURGESS

Docket No. S046116.

13 Cal.4th 25 (1996)

In re the Marriage of WENDY A. and PAUL D. BURGESS. WENDY A. BURGESS, Respondent, v. PAUL D. BURGESS, Appellant.

Supreme Court of California.

April 15, 1996.

Attorney(s) appearing for the Case

COUNSEL

William B. Cater, Goldberg, Fisher & Quirk and Edward J. Quirk, Jr., for Appellant.

Bryan Law Corporation, Richard M. Bryan and Sondra W. Barnet as Amici Curiae on behalf of Appellant.

Donald M. Adams, Jr., Joseph I. Anderson, Allred, Maroko & Goldberg, Michael Maroko, Renee Mochkatel and Ruth E. Graf for Respondent.

Roberta M. Ikemi and Joan Zorza as Amici Curiae on behalf of Respondent.

Carol S. Bruch, Janet Bowermaster, Tanke & Willemsen and Tony J. Tanke as Amici Curiae.

OPINION

MOSK, J.

This matter requires us to determine whether a parent seeking to relocate after dissolution of marriage is required to establish that the move is "necessary" before he or she can be awarded physical custody of minor children. In this case, a parent with temporary physical custody of two minor children sought a judicial determination of permanent custody and expressed the intention to relocate with the children from...

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