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.
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.
The court decreed that the children’s primary residence would be with Emma, but she and Robert shared joint legal custody. Both parents were adhering to the visitation arrangement, the children were adjusted and doing well in school, and relationships between both parents and children appeared to be positive.
Today, the majority of courts consider the best interests of the child – including the importance of a relationship with the noncustodial parent – in determining relocation applications. However, some states are still using outdated relocation laws that favor the parent seeking to relocate.
As divorcing spouses recognize the suffering and sadness, worry and anxiety in each other due to the COVID-19 pandemic, we can begin to talk openly about fair and good resolutions of divorce cases. The combination of shared anxiety and astoundingly long wait times from Courts could allow COVID-19 to lead to more divorce settlements with less family suffering.
Diana Shepherd is the Editorial Director of Family Lawyer Magazine and Divorce Magazine. An award-winning editor, published author, and a nationally-recognized expert on divorce, remarriage, finance, and stepfamily issues, she is a frequent lecturer on the topics of divorce, finance, and marketing – both to local groups and national organizations. She has also been a Certified Divorce Financial Analyst® since 2006.
