Family Law

Better Job and Ailing Parents Enough to Allow Relocation

Custodial parent wants to move from Arkansas to South Dakota to take a job with better income and also to be closer to his ailing parents. Noncustodial parent objects and a hearing is held. The trial court found, and the Court of Appeals upheld, that the custodial parent had sufficient reasons for moving and allowed the move. One of the factors mentioned in addition to the two above is that the custodial parent had other family members in South Dakota that would be involved in the child’s life (boating and other leisure activities were cited).

A very good discussion of how trial courts review a relocation request and the factors involved under the seminal case (Hollandsworth):
Mathews v. Schumacher

Full post as published by Kevin Hickey Law Blog on March 07, 2010 (boomark / email).