In this case a Mother appealed from an Order granting Father’s application to change a prior custody order. The Mother and Father has joint legal custody of the parties child. Mother was the primary residential custodial parent. Father had parenting time with the child.

Mother Seeks to Relocate

Mother brought an application to relocate with the child. She sought to move to West Virginia. She claimed her new husband lived there. Father brought a cross petition requesting he be named as the primary residential custodial parent of the parties child. The Family Court denied Mother’s relocation application. They also granted Father’s request for primary physical custody. The Family Court found the Mother gave little attention to the impact the relocation of the child would have on the child’s relationship with her Father. The court also found there was no evidence supporting her claim the relocation of the child to West Virginia was based on an improved financial circumstance that would exist in West Virginia.

The Appeals Court Decision

The Appeals Court in their decision stated the Family Court’s findings were supported by a sound and substantial basis on the record. The determination by the Family Court judge denying Mothers request to relocate with the child was affirmed. The Appellate Court found the Father could financially support himself and the child. The Court found he maintained a suitable residence to live in with the child. The Court took into consideration the Mother was financially dependant on her present husband. They also noted Mother had previously relocated. The Appeals Court held the Family Court did not make a mistake in awarding the Father primary residential custody of the parties child.

Conclusion

In this case, both the Judge in the Family Court and the Appeals Court agreed the Father was the proper parent to have primary physical custody of the parties child. This case is a good example of a Father asserting his equal rights to have custody of his child.

Elliot S. Schlissel, Esq. has been helping fathers obtain custody of their children for decades.