BRODY v. KROLL

Docket No. G017906.

45 Cal.App.4th 1732 (1996)

JEFFREY H. BRODY, Plaintiff and Appellant, v. WENDY LEE KROLL, Defendant and Respondent.

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

May 31, 1996.


Attorney(s) appearing for the Case

COUNSEL

Jeffrey W. Doeringer for Plaintiff and Appellant.

Michael J. Naughton for Defendant and Respondent.


OPINION

RYLAARSDAM, J.

A mother with primary physical custody was granted permission to move the child away from the area of father's residence. The trial court expressly refused to consider a change of custody to father, holding it was not properly before it. Father appealed. We conclude the issue of custody was properly pleaded, and was necessarily an issue to be decided in a hearing following notice of proposed change of residence...

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