Burgess v. Burgess

After their divorce, Wendy Burgess (plaintiff) received sole physical custody of the couple's two children with liberal visitation for Paul Burgess (defendant); Wendy later accepted a career-advancing job transfer 40 miles away, testifying the move would give the children better access to medical care, activities, and schools, while Paul objected that relocation would disrupt his visitation schedule even though he conceded the commute was easy. The trial court preserved Wendy's custody while adjusting Paul's visitation to alternate weekends plus midweek visits, and denied Paul's subsequent motion to change custody for lack of a substantial change in circumstances; the court of appeals reversed, finding the relocation unnecessary, and the California Supreme Court granted review.