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California Clarifies Child Custody Law
by David Kravets
Associated Press
April 30, 2004
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SAN FRANCISCO - The California Supreme Court has clarified the state's child custody law, making it more difficult for parents to relocate out-of-state with children if the other parent disputes the move.
The justices emphasized that judges are to consider the "best interests of the children" - not the parents - in deciding such disputes.
Until Thursday's decision 6-1, a parent with custody of the children generally could move to another state over the objections of the other parent.
But the court said its primary concern was for the courts to fashion "a custody order that serves the best interests of the children," Justice Carlos Moreno wrote.
The case decided Thursday involves a custody dispute between Gary LaMusga and Susan Navarro, a Bay Area couple who divorced in 1995. The couple's two sons, then 2 and 4, remained with their mother and the father had visitation rights.
Navarro, who later remarried, asked the court to alter the children's visitation schedule with their father so she could move to Ohio, where her new husband had a job offer.
A judge turned down the request, saying it would be detrimental to the children because of their emerging relationship with the father.
The husband's attorney said the court's decision affirmed existing California law, which was being misapplied by the courts.
"The perceived standard was that the custodial parent had an absolute right to move is not the correct standard," attorney Garrett Daily said.
The woman's attorney, Tony Tanke, did not return calls seeking comment.
Copyright 2004 Associated Press
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In response to the recent court ruling which turned down the permissibility of the Music Industry's attempt to force the ISP's (Internet Service Providers) to turn over their subscribers' records:
The “illegal” reproduction of musical property has been going on for decades. I am not condoning it, but I'm positive most people my age have reproduced a vinyl album into a cassette tape (surely, even President Clinton would have to admit he's done it - he'd probably qualify it further saying, “Yea, I copied, but I didn't listen to it.” ). And our younger citizenry would all have to at least seen an illicit CD-to-CD copy -if not made one themselves. But, unfortunately for the Music Industry, they had no way of enforcing the copyright laws against these kinds of copyright intruders (short of breaking into houses and catching violators red-handed). Now, low and behold, the Music Industry discovered (the technology allowed them) a way to catch the neo-music swappers (file swappers) -and they figured out that by using internet records they would be able to prove their cases in court (and effectively slap some wrists). How is this any different than illegal searches or illegal telephone wiretappings? Imagine getting pulled over by a police officer for a traffic violation and the officer asking you “Do you have any illegal drugs, weapons or bootleg MP3 files?” To use an analogy, if you were walking down the street listening to your MP3 player, would it not be a blatant infringement of your rights to have a Music Industry Lawyer snatch the player off your head and then attempt to use its content in a court of law? Allowing the Music Industry to use our personal histories (internet activities) against us in this manner is an infringement of our civil liberties. I say to this emphatically, give me liberty or give me silence.
Please visit these Links:
Electronic Frontier Foundation >Click the Arrow: 
working to protect civil and free speech rights regardless of technology, educating the public about civil liberties issues related to technology, and acting as a defender of those liberties.
Click on the buggle for NPR's award winning Justice Talking
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