Cook v. Moore
Annotate this CaseMother and Father had one child, TM, during their marriage. When the parties divorced, the custody order awarded Mother primary physical custody of TM. When Father learned that Mother was planning to marry and move with TM to live with her new husband in Texas, Father filed an amended petition to modify requesting primary physical custody of TM. After a trial, the district court found that Mother’s relocation constituted a material change in circumstances and that it was in TM’s best interest for Father to be awarded primary physical custody. Mother appealed, asserting that the district court abused its discretion when it found that Mother’s relocation constituted a material change of circumstances warranting the reopening of the original custody order. The Supreme Court affirmed, holding that the district court could reasonably conclude that the considerable increase in the geographical distance between the parties created a material change in circumstances affecting the welfare of TM.
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