Curtis v. Curtis

759 N.W. 2d 269 (2008)

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Nature of the Case

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Facts

On December 20, 2006, the court entered a decree dissolving the H and W marriage. The parties were granted joint legal custody of their minor child, with W being granted primary physical custody. W was living in the marital home in Falls City, Nebraska. The home was foreclosed. W then moved in with her boyfriend, Scott. Scott owned the house, located in Falls City, and lived there with his three children. On October 4, 2007, W filed an application to remove the child, Jordyn, from the State of Nebraska to Scott's new home in Big Lake, Missouri. Big Lake is 17.6 miles from Falls City. W admitted that she will have no legal interest in Scott's new house. W testified that she and Scott have made arrangements to rent a home in Missouri for $400 per month until the new house is built. W will continue in her same employment, Jordyn will continue to go to the same school, and H's visitation schedule will not change. W also indicated that she would provide transportation for H's visitation so H would not have to drive to Missouri. H testified that he rents a house in Falls City for $200 per month. H testified that he does not want Jordyn to move to Missouri because all her family and friends are in Falls City, as well as her school and because Falls City is where she was born and has always lived. The court granted the application and H appealed.