In re Marriage of Wehr: The Mother appeals denial of her request to relocate with her two children after applying a preponderance of evidence standard.
By Laura Morgan, Family Lawyer
Preponderance of the evidence standard of proof, rather than clear and convincing standard, applied for purposes of evaluating whether father rebutted statutory presumption favoring mother’s post-dissolution decision to relocate with children to another county as primary residential parent; a higher standard, such as the clear and convincing standard proposed by mother, would have inappropriately subordinated father’s rights to those of mother’s, and the relocation proceeding did not threaten to sever contact between father, the non-residential parent, and the children nor permanently remove legal recognition of parental status.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.