This article will examine recent decisions concerning the relocation of the custodial parent in
sole or primary physical
custody arrangements as well as the proposed relocation of a parent in cases
involving a joint custodial
arrangement, including both joint legal
custody and joint physical
custody.
For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial
arrangement should be treated as a modification of
custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for
sole custody of children after mother's proposed relocation would make parties» shared physical custodial
arrangement unworkable; court found that mother's relocation constituted material change of circumstances warranting award of
sole custody to father, even though such a relocation would not be considered a material change in circumstances in a case that did not
involve shared physical
custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..
In a child
custody battle, a judge will ask several questions to determine which child
custody arrangement,
sole or joint
custody, will work best for the children
involved.