Opinion

Brown v. Brown

  • 260 Neb. 954
  • 621 N.W.2d 70
  • 2000 Neb. LEXIS 256
Court
Nebraska Supreme Court
Filed
Dec 22, 2000
Status
Published
Author
Wright
On the bench
Hendry, Wright, Connolly, Gerrard, Stephan, McCormack, Miller-Lerman
Cited by
41 cases

concluding that because of close relationship and extensive contacts between father and children, this factor weighed against long-distance relocation with mother

How later courts described this case

  • concluding that because of close relationship and extensive contacts between father and children, this factor weighed against long-distance relocation with mother
  • concluding that close relationship and extensive contacts between father and children weighed against long-distance relocation with mother
  • despite substantial and commendable concessions on visitation by custodial parent, it could not be reasonably questioned that move from Nebraska to New York would make existing relationship almost impossible to maintain
  • “[A]s a practical matter, the existence of a joint physical custody relationship is likely to make it more difficult for the relocating parent to meet the[ ] burdens [of demonstrating a legitimate reason for moving and that it is in the child’s best interests to live in the new location]. Nonetheless, whether we are considering a modification of custody or a proposed removal from the state, the best interests of the children are the paramount considerations in our determination.”

Written by the judges who cited it.

The opinion

Wright, J.,

concurring in the result.

I concur in the result. In my opinion, where the parties have joint legal and physical custody, the burden of proof is upon the party seeking to relocate to first show there has been a material change in circumstances that would justify a change in the cus *976 tody arrangement. Custody is the first issue that must be decided. Obviously, relocation of the children would amount to a modification of custody by transferring physical custody to the parent who desires to relocate. Therefore, I would require the parent who desires to relocate to prove that the new custody arrangement should be adopted by the court.

Connolly, J., joins in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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