Ciesluk v. Cieslu

113 P.3d 135 (2005)

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Nature of the Case

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Facts

Christopher (H) and W married in Nebraska in 1995. They had one child born on February 27, 1997. In September 2002, H and W amicably divorced. W is the primary residential parent for school residency and other legal residential requirements; H has parenting time on two weekends and two weekday evenings per month. H and W have joint parental responsibility and decision-making authority. W was laid off from Sprint and sought alternative employment in Colorado and in Arizona, where her father, brother, sister-in-law, and nephew reside. Sprint interviewed her for a position in Arizona. Sprint refused to extend her an offer until she committed to relocating to Arizona. W filed a motion to modify parenting time to allow her to relocate to Arizona with the child. W gave H four unscheduled visits per year with thirty days notice, one week at Christmas, two weeks during the summer, and one week at spring break. W proposed to pay half the airfare costs associated with these visits. H opposed the motion and moved for the appointment of a special advocate to determine the child's best interests. The special advocate recommended that it was in the child's best interests to stay in close proximity to both W and H. The court denied W's motion in that W had failed to show the move would enhance the child's life. The court of appeals affirmed the trial court. H appealed.