California Codes

Cal. Family Code § 7501 (2026)

✓ current as of May 2026

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(a)A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

(b)It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state.

Notes of Decisions

Cited in 33 cases (7 in the last 5 years), 1996–2026 · leading case: In Re Marriage of Burgess, 913 P.2d 473 (Cal. 1996).

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In Re Marriage of Burgess, 913 P.2d 473 (Cal. 1996). · cites it 10× “" (Fam. Code, § 7501.) Accordingly, we reverse the judgment of the Court of Appeal.”

NIKO v. Foreman, 2006 Cal. Daily Op. Serv. 10126 (Cal. Ct. App. 2006). · cites it 2× “Similarly, after a judicial custody order is in place, a custodial parent seeking to relocate bears no burden of establishing that it is `necessary' to do so.”

In Re Marriage of LaMusga, 88 P.3d 81 (Cal. 2004). · cites it 2× “' (Fam.Code, § 7501.)" ( Id. at p. 29, 51 Cal.”

Kaiser v. Kaiser, 2001 OK 30 (Okla. 2001). · cites it 2× “Nearly identical provisions were adopted by California, (Cal.Fam. Code § 7501), South Dakota (S.D.”

Melville v. Melville, 122 Cal. App. 4th 601 (Cal. Ct. App. 2004). · cites it 2× “” (Fam. Code, § 7501, subd. (a).) What this principle means in application is that a custodial parent seeking to move is not obliged to establish a need or even a justification for the move, so long as it will not be detrimental or prejudicial to the child’s interests.”

Ruisi v. Thieriot, 97 Cal. Daily Op. Serv. 1644 (Cal. Ct. App. 1997). · cites it 2× “) Family Code section 7501 declares: “A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”

Ireland v. Ireland, 717 A.2d 676 (Conn. 1998). “1997); Cal. Fam. Code § 7501 (Deering 1996); Ind.”

Lasich v. Lasich, 99 Cal. App. 4th 702 (Cal. Ct. App. 2002). “Family Code section 7501 provides: “A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”

Rose v. Richardson, 102 Cal. App. 4th 941 (Cal. Ct. App. 2002). “(Fam. Code, § 7501 [‘A parent entitled to custody of the child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”

Reveron v. Seagondollar, 139 Cal. App. 4th 1116 (Cal. Ct. App. 2006). “” (Fam. Code, § 7501, subd. (a).) “In a ‘move-away’ case, a change of custody is not justified simply because the custodial parent has chosen, for any sound good faith reason, to reside in a different location, but only if, as a result of relocation with that parent, the child…”

Edlund v. Hales, 98 Cal. Daily Op. Serv. 7552 (Cal. Ct. App. 1998). · cites it 2× “welfare of the child” (Fam. Code, § 7501). 4 Even if the move-away order was a proper exercise of the trial court’s discretion, however, Hales further contends that the court abused its discretion by reducing the total amount of visitation he would have with Natalie in…”

In Re Marriage of Condon, 62 Cal. App. 4th 533 (Cal. Ct. App. 1998). “(Fam. Code, § 7501 [`A parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”

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