concurring and dissenting.
[¶ 46] I agree with the majority’s conclusion as to “the fourth factor,” but disagree with its conclusion as to the first factor.”
[¶ 47] The majority correctly states, at ¶ 7, “The custodial parent .has the burden of proving, by a preponderance of the evidence, the move from the state is in the best interests of the child.” Hentz v. Hentz, 2001 ND 69, ¶ 5, 624 N.W.2d 694.
[¶ 48] As to the economic advantage of the move, the trial court found that the custodial parent had failed to meet her burden for a number of reasons, any one of which would be sufficient to sustain the finding. Stephanie testified she did not apply to any of the smaller surrounding school districts. The trial court’s requirement that Stephanie look for employment with the surrounding school districts was reasonable and was not clearly erroneous. Economic advantage of the move was not established where the custodial parent had not reasonably pursued employment in surrounding school districts.
[¶ 49] As to the noneconomic advantage of the move, the majority reweighs the evidence, and further states, at ¶24: “In considering the location of family members on the noneconomic aspects of the proposed move, simply adding the number of relatives in each location and comparing the two numbers is an improper method for determining whether a move will enhance the noneconomic aspects of the lives of the custodial parent and the parties’ child.” While such a method may be improper, but see Stout v. Stout, 1997 ND 61, ¶ 39, 560 N.W.2d 903, the record does not support an assertion that the trial court used it.
[¶ 50] I would affirm the decision of the trial court.
[¶ 51] Dale V. Sandstrom