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IN RE MARRIAGE OF BROWN AND YANA

No. B170252.

22 Cal.Rptr.3d 463 (2004)

In re MARRIAGE OF Nicole F. BROWN and Anthony YANA. Nicole F. Brown (Yana), Respondent, v. Anthony Yana, Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing January 19, 2005.

Review Granted March 16, 2005.

Attorney(s) appearing for the Case

John F. Hodges, Arroyo Grande, Daniel L. Helbert, Misho, Kirker & Associates and Vanessa Kirker for Appellant.

Jeffrey W. Doeringer, Huntington Beach, for Respondent.

GILBERT, P.J.

Here we hold that in a "move-away" case, a parent without legal or physical custody is entitled to an evidentiary hearing. We reverse.

FACTS

Nicole Brown and Anthony Yana are divorced. Their son, Cameron, is now 12 years old. Brown has sole legal and physical custody of Cameron. She has remarried and has two children, age six and two, with her second husband. Brown and Yana each resided in San Luis Obispo County.

On June 12...

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