Predict whether a court will modify a custody order after a parent relocates with the child. You have 90 minutes. To: Associate. Use the File and the Library only, then compare your draft with the rubric and the model answer below.
The assignment
To: Associate. From: Farah Siddiqui, Partner. Re: Dunmore v. Dunmore. Our client, Erin Dunmore, has primary physical custody of her daughter, age 9, under a decree. She wants to move 150 miles away for a better job. Her former husband, Chad Dunmore, says he will ask the court to modify custody if she moves. Please write an objective memorandum predicting (1) whether Ms. Dunmore needs court permission to relocate, and (2) how a court is likely to decide a modification request. Use only the Library.
File
Client interview
The decree gave Ms. Dunmore primary physical custody and Mr. Dunmore alternating weekends and two weeks in summer. Ms. Dunmore has been the main caregiver since birth. Her employer in the new city offers a $22,000 raise and health insurance for the child. The daughter is doing well in school and has close friends at home. Mr. Dunmore lives 8 miles from the current home and sees the child regularly. Ms. Dunmore proposes to drive the child to Mr. Dunmore's home every other weekend and to give him six weeks in summer. Mr. Dunmore does not agree.
Decree excerpt
Neither party shall relocate the child more than 50 miles from the current residence without a written agreement or court order.
Library
Family Code, section 12-330 (Franklin)
A custodial parent who intends to move the child's residence more than 50 miles must give the other parent 60 days' written notice. If the other parent objects within 30 days, the moving parent may not relocate the child without court approval. The moving parent bears the burden of showing that the move is made in good faith and is in the child's best interests. A court considering a modification because of relocation applies the best-interests standard and may consider the child's relationship with each parent, the child's ties to the community, the reasons for the move, and the feasibility of a substitute visitation schedule.
In re Marriage of Leland, 38 Fr.3d 471 (Fr. Sup. Ct. 2009)
A mother with primary custody sought to move 200 miles for a better job. The trial court transferred custody to the father. Held: reversed. A move made in good faith for a better income or career is a legitimate reason, and a change of custody is not warranted merely because a move will reduce the noncustodial parent's time, if a workable visitation schedule can preserve the relationship. The stability that a child has with a primary caregiver is an important factor.
Whitaker v. Cho, 45 Fr.3d 90 (Fr. Ct. App. 2015)
A parent moved 300 miles without notice and the court modified custody. Held: affirmed, because the parent failed to give the required notice, the move cut off frequent contact with the other parent, and the child had strong ties in the old community. The court emphasized that the failure to follow the notice statute may be weighed against the moving parent, but a properly noticed move is not presumptively against the child's interests.
What graders look for in this task
Graders score a response against these criteria, and every one of them depends on using only the facts in the File and only the rules in the Library, so treat the list as a check for your draft after the first pass and again before you stop writing.
States that the 50-mile decree term and section 12-330 require notice and court approval if the father objects
Identifies the burden on Ms. Dunmore to show good faith and best interests
Applies Leland: a better job is a good-faith reason and stability with the primary caregiver matters
Applies the best-interests factors to the child's ties, school, and relationship with each parent
Considers Ms. Dunmore's substitute visitation proposal and its feasibility
Distinguishes Whitaker on notice and the loss of frequent contact
Predicts a court is likely to allow the move if she follows the notice procedure, with uncertainty
Notes the risk of the father's frequent contact and the child's community ties