Oppegard-Gessler v. Gessler

Summary

The Supreme Court of North Dakota reviewed the denial of a custodial parent's motion to relocate two children from Grand Forks, North Dakota, to Baxter, Minnesota. The court held that the district court improperly applied the relocation factors by failing to give appropriate weight to the stipulated sole physical custody arrangement and by incorrectly concluding that adequate visitation could not be established. The court reversed and remanded for reconsideration of the relocation factors and, if relocation were permitted, establishment of an appropriate visitation schedule.

Holdings

1. In evaluating a relocation request, the trial court must give due weight to the economic and noneconomic advantages of the move to the custodial family unit while recognizing the importance of continuity and stability in that custodial family. A relocation request is not itself a custody determination when primary physical custody has already been established, including by stipulated decree.
2. A good-faith move providing legitimate advantages to the custodial parent and child cannot be denied solely because visitation cannot continue in its existing pattern. Less frequent but extended visitation may adequately preserve the noncustodial parent's relationship with the child, and the law does not require equal visitation time after relocation.

Questions Presented

1. Whether the district court properly applied the Stout relocation factors when evaluating the advantages of moving the children with their stipulated sole physical custodian.
2. Whether the district court clearly erred in finding that an adequate visitation schedule could not be devised to preserve the relationship between the children and their noncustodial father.
3. Whether the district court's denial of permission to relocate was clearly erroneous.

Disposition

reversed_and_remanded