# Brown v. Brown > Nebraska Supreme Court · December 22, 2000 · 260 Neb. 954 URL: https://www.frixlaw.com/law-library/cases/9657351 ## Case - **Full name:** Cynthia M. Brown, Now Known as Cynthia M. Morales, Appellant, v. Dwight E. Brown, Jr., Appellee - **Court:** Nebraska Supreme Court - **Decided:** December 22, 2000 - **Citations:** 260 Neb. 954; 621 N.W.2d 70; 2000 Neb. LEXIS 256 - **Precedential status:** Published - **Opinion:** Concurrence by Wright - **Judges:** Hendry, Wright, Connolly, Gerrard, Stephan, McCormack, Miller-Lerman - **Cited by:** 41 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9657351 ## How later opinions describe it (automated extraction) - 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 ## Opinion text 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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9657351. Public record. Not legal advice.