The Lewis Leeper Blog
A mother who moved from one state to another can’t be legally required to move back in order to accommodate the father’s visitation rights, a State Court recently decided.
The mother had given birth to a child out of wedlock. After the father’s paternity was established through biological testing, he filed a lawsuit seeking custody or visitation.
The mother had moved out of state while the case was pending. A judge awarded her custody, but ordered her to return so it would be easier for the father to visit the child.
But on appeal, the State Supreme Court said this was wrong. It said a judge could consider parents’ plans about where they intend to live as a factor in awarding custody, but a judge has no right to force parents to relocate from their chosen place of residence.
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