Farnsworth v. Farnsworth

Miller-Lerman, Chief Judge,

dissenting in part.

I respectfully dissent with respect to that portion of the majority’s opinion which reverses the trial court’s order granting the motion to remove which permitted Kristy to move to Denver with Casey.

The Nebraska Supreme Court has repeatedly stated that an award of custody to a parent should not be interpreted as a sentence of immobilization. Vanderzee v. Vanderzee, 221 Neb. 738, 380 N.W.2d 310 (1986). The fact of a denial of visitation rights by removal to another jurisdiction is a fact to be considered in determining the best interests of a child. Id. However, neither community ties nor a reduction in visitation necessarily mandates prohibiting a custodial parent from relocating for a legitimate reason. Harder v. Harder, 246 Neb. 945, 524 N.W.2d 325 (1994). The Nebraska Supreme Court has found that job-related *608changes are legitimate reasons where there is a “reasonable expectation of improvement in the career or occupation of the custodial parent,” Gerber v. Gerber, 225 Neb. 611, 619, 407 N.W.2d 497, 503 (1987), where the custodial parent’s new job included a small increase in salary and increased potential for salary advancement, Jafari v. Jafari, 204 Neb. 622, 284 N.W.2d 554 (1979), and where the custodial parent’s new spouse would earn a base salary of $24,000 plus commissions, Harder, supra. Based on Nebraska jurisprudence, which we are bound to apply, I would conclude that the district court properly granted Kristy’s motion to remove.