concurring.
[¶ 22] I write because I am of the opinion the trial court misapprehended the law and thus erred in the application of the first factor of the Stout analysis. In Stout, we said:
In considering the prospective advantages to the move, a court shall not limit itself solely to enhanced economic opportunities for the custodial parent, but must also assess other less tangible benefits of the relocation. For example, the reason for relocation may be a desire to be close to a supportive extended family, to pursue educational opportunities, or seek an improved physical and emotional environment in which to raise the child. These examples are not intended to be exhaustive, but we emphasize that the trial court must consider non-economic advantages which are likely to improve the child’s and custodial parent’s general quality of life. We recognize that the improvement of the general quality of life for the custodial parent ordinarily will indirectly benefit the child.
Stout v. Stout, 1997 ND 61, ¶34, 560 N.W.2d 903. The trial court, therefore, must consider both the economic and non-economic advantages of the move in improving both the custodial parent’s and child’s quality of life. Furthermore, the trial court must recognize that improvement in the quality of life of the custodial parent usually will benefit the child in some way. Id.; Sumra v. Sumra, 1997 ND 62, ¶ 13, 561 N.W.2d 290; Goff v. Goff, 1999 ND 95, ¶ 13, 593 N.W.2d 768. “A move which benefits the health and well-being of a custodial parent is certainly beneficial to the parent’s child, and is consequently in the child’s best interests.” State ex rel. Melling v. Ness, 1999 ND 73, ¶ 9, 592 N.W.2d 565. A custodial parent’s enhanced economic opportunities and ability to work at home would improve a child’s quality of life. Id. at ¶¶ 10, 12. The trial court must recognize the importance of maintaining continuity and stability in the custodial family. Tibor v. Tibor, 1999 ND 150, ¶ 11, 598 N.W.2d 480. “The children’s best interests are inextricably interwoven with the quality of life of the custodial parent, with whom they live and upon whom they rely emotionally.” Id. at ¶ 13. In this case, the trial court found there would be both economic and noneconomic improvements to Paper’s life, but found that there would be no significant improvements to the quality of the children’s lives. The improvements to Paper’s life would clearly have a positive effect on the quality of the children’s lives. In my opinion, the trial court’s finding on the first Stout factor is clearly erroneous.
[¶ 23] Because I agree with the majority opinion’s analysis of the trial court’s findings on the other Stout factors and the conclusion that the trial court relied primarily on its finding that Paper interfered with visitation, I concur.
[¶ 24] MARY MUEHLEN MARING.