Baures v. Lewi

770 A.2d 214 (2001)

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Nature of the Case

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Facts

P and D were married. Jeremy was born on June 24, 1990. They lived in the various locations in which the Navy billeted them as D was a Naval Officer. In 1994, they moved to New Jersey when Lewis was stationed in Leonardo. Jeremy was diagnosed with PDD. Ps' parents live in Wisconsin and are retired school teachers, and they offered to help care for Jeremy while P and D worked. P and D planned to move to Wisconsin after D was discharged from the Navy in 1998. P's parents sold their home in Schofield and moved to Galesville because, according to them, it was a short distance to the Chileda Institute, a Program for autistic children. The marriage was falling apart. The parties then entered into a consent order that provided for custody and visitation and restrained both parties from leaving New Jersey with Jeremy. At trial, P claimed that she should be allowed to relocate to Wisconsin because the parties had limited funds and could no longer afford to live in New Jersey without the help of her parents. P testified that in Wisconsin, her parents would be able to provide child care and shelter for her and Jeremy so that she could work. The trial court denied the removal but acknowledged that P had a good faith reason to move. P moved for reconsideration. The court eventually ordered a 'best interests' evaluation by Dr. Amy Altenhaus. She stated that a move to Wisconsin 'does not seem' to be in Jeremy's interest because Jeremy was doing well in East Brunswick and because he would be unable to sustain a long-distance relationship with his father who could not relocate because of his Navy commitments. Reconsideration was denied. D was discharged from the Navy. P moved again to relocate. In denying removal, the court relied on the fact that Baures did not provide adequate evidence of the comparability of educational and therapeutic facilities available to Jeremy in Wisconsin. This appeal eventually resulted.