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KEITH R. v. SUPERIOR COURT

No. G041642.

174 Cal.App.4th 1047 (2009)

KEITH R., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; H.R., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

May 19, 2009.

Attorney(s) appearing for the Case

William J. Kopeny & Associates and William J. Kopeny for Petitioner.

No appearance for Respondent.

Law Offices of Patrick A. McCall, Patrick A. McCall and Marietta E. Raqueno for Real Party in Interest.

OPINION

THE COURT.*—

We issue a peremptory writ because the family court erroneously has applied the "changed circumstances" standard rather than the "best interest" rule to a move-away order in a child custody case when there has been no final judicial custody determination within the meaning of Montenegro v. Diaz (2001) 26 Cal.4th...

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