specially concurring.
[¶ 24] I concur in the result of the majority opinion and most of the reasoning of the decision. I, however, must disagree with the majority’s conclusion that it is necessary to reword the fourth Stout factor. This revision of the fourth factor is done on the ground that clarification is needed as to whether the trial court must weigh and balance the negative impact on the relationship between the noncustodial parent and the child resulting from a move out-of-state.
[¶ 25] No clarification or rewording of factor four is warranted. A careful reading of the Stout opinion supports this position. Stout v. Stout, 1997 ND 61, 560 N.W.2d 903.
[¶ 26] All of the factors, with perhaps the exception of factor one, require a consideration of the relationship between the child and the noncustodial parent. Factor two requires the trial court to satisfy itself that “the motion to move is not motivated simply by a desire to defeat the visitation rights of the noncustodial parent or to hamper the opportunity of the noncustodial parent to maintain a relationship with the child.” Stout, 1997 ND 61, ¶ 35, 560 N.W.2d 903. In addition, we directed the court to determine “the degree to which the custodial parent will comply with visitation arrangements after the move.” Id. This factor without a doubt requires the trial court to weigh any negative effects in these regards on the noncustodial parent-child relationship.
[¶ 27] Factor three also requires the trial court to again consider the relationship between the noncustodial parent and the child. Under factor three the court “must consider the motive of the noncustodial parent and determine whether the opposition is based on a legitimate desire to maintain the parent-child relationship, or whether other motives are at work.” Stout, 1997 ND 61, ¶ 36, 560 N.W.2d 903. Clearly this requires the court to examine the current noncustodial parent-child relationship in order to determine whether there is a loving and caring relationship or if the noncustodial parent’s opposition to the move is merely a ruse.
[¶ 28] Finally, factor four goes to the very heart of a trial court’s weighing and balancing of any negative effect an out-of-state move will have on the noncustodial parent-child relationship. The court must determine “whether a visitation schedule can be devised which can reasonably provide the foundation for maintaining and developing a parent-child relationship between the child and the noncustodial parent.” Stout, 1997 ND 61, ¶ 37, 560 N.W.2d 903 (emphasis added). Factor four specifically requires the court to determine whether visitation can be fashioned which will provide “an adequate basis for preserving and fostering the noncustodial parent’s relationship with the child if relocation is allowed.” Id. at ¶ 34. In addition, we painstakingly in Stout pointed out that “[i]n every relocation dispute, the court must try to accommodate the competing interests of the custodial parent who desires a better life for herself and the children in a different geographical area; the child’s interest in maintaining a meaningful relationship with the noncustodial parent; the noncustodial parent’s interest in maintaining a meaningful relationship with the child; and finally, the state’s interest in protecting the best interests of the child.” Id. at ¶32 (emphasis added). We went on to state “the trial court must weigh and balance these factors based on the facts of each case. No one factor is to be dominant and a factor that has minor impact in one case may be the dominant factor in another.” Id. at ¶37.
[¶ 29] Keeping in mind all of these interests, we fashioned a four-factor analysis in order to provide our trial courts with more specific and instructive guidance in these cases and to provide more uniform dispute resolution. Stout, 1997 ND 61, ¶ 28, 560 N.W.2d 903.
[¶ 30] The reality is divorce causes a significant change in parent-child relationships. The noncustodial parent’s relationship with his child is relegated normally to rights of *150visitation. That relationship is inevitably of a different character than the one of the custodial parent and child who reside together as a single family unit. It is impossible to physically satisfy both relationships without a true joint physical custody arrangement. Accordingly, we recognized the current literature provides that a modified visitation schedule providing for longer periods of continuous visitation can be used to satisfy the loss of weekly visitation in the event of a move. Stout, 1997 ND 61, ¶ 31, 560 N.W.2d 903. Stout clearly warns that merely a reduction in frequency of visitation alone is not enough to deny the motion to relocate. Id. at ¶ 37. The questions for the trial court include whether a reasonable visitation schedule can be fashioned to “preserve” and “foster” a relationship between the noncustodial parent and child; whether it will be complied with by the custodial parent; and whether the parties can financially support the schedule.
[¶ 31] For these reasons, I can find no justification to reword factor four.
[¶ 32] Mary Muehlen Maring