State on behalf of Ryley G. v. Ryan G.

Summary

The Nebraska Supreme Court reviewed a custodial parent’s request to relocate a child from Nebraska in connection with the custodial parent’s remarriage and spouse’s military employment. The court held that the proposed move had a legitimate purpose and was in the child’s best interests, but concluded that the district court improperly granted open-ended permission for future relocations. The judgment was affirmed as modified to permit relocation only to the specified military base near Washington, D.C.

Holdings

1. A custodial parent's desire to live with a new spouse at the location of the spouse's military employment, together with the spouse's continuing military career and the desire to form and maintain a new family unit, constitutes a legitimate reason to remove the child to another jurisdiction.
2. The district court did not abuse its discretion in finding that relocation to Fort Belvoir was in Ryley's best interests.
3. A court may not delegate to a custodial parent the authority to move a child to another state beyond the specifically approved destination without obtaining permission in a new proceeding.
4. Removal of a child from the state, without more, does not constitute a material change in circumstances warranting a change of custody, although removal combined with other evidence may do so.

Questions Presented

1. Whether Rashell established a legitimate reason to remove Ryley from Nebraska.
2. Whether relocation to Fort Belvoir near Washington, D.C., was in Ryley's best interests.
3. Whether the district court improperly granted Rashell an open-ended authority to relocate Ryley to any future location selected by her or her spouse.
4. Whether the relocation constituted a material change in circumstances requiring a transfer of custody to Ryan.

Disposition

affirmed