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22 J. Am. Acad. Matrimonial Law. 483 (2009)
The Changing Path to Relocation: An Update on Post-Divorce Relocation Issues

handle is hein.journals/jaaml22 and id is 496 raw text is: Vol. 22, 2009 Comment, THE CHANGING PATH TO RELOCATION: AN UPDATE ON POST-DIVORCE RELOCATION ISSUES Introduction The issue of post-divorce relocation is increasingly prevalent in today's mobile society.1 Post-divorce relocation enters courts when a parent decides to move after a custody decree is set in place. With a growing list of reasons why parents decide to relo- cate and with jurisdictions slowly moving away from strict stan- dards regarding relocation, the number of such cases entering the courts has expanded. Improved financial status is one reason for relocating.2 A parent may also choose to move to pursue edu- cational or employment opportunities, to remarry, to be closer to family, or simply to gain a fresh start.'3 Some parents may even be motivated to move away from their ex-spouse.4 In opposition to the move, stands the non-relocating parent who has an interest in maintaining frequent contact with his or her child.5 For the non-relocating parent, relocation becomes an issue of losing day-to-day participation in the child's activities and life milestones.6 The non-relocating parent may be deprived of an opportunity to be involved with the child's academic suc- cess and extracurricular activities.7 One view of relocation advo- cates is a presumption favoring the custodial parent seeking to move.8 The American Law Institute (ALI) states that a court 1 Dupre v. Dupre, 857 A.2d 242, 245 (R.I. 2004). 2 Kenneth Waldron, A Review of Social Science Research on Post Di- vorce Relocation, 19 J. AM. ACAD. MATRIM. LAW. 337, 364 (2005) (discussing reasons for post-divorce relocations). 3 Dupre, 857 A.2d at 248. 4 Hon. W. Dennis Duggan, Rock-Paper-Scissors: Playing the Odds with the Law of Child Relocation, 45 FAM. CT. REV. 193, 198 (2007) (discussing rea- sons for post divorce relocation). 5 Dupre, 857 A.2d at 245. 6 Waldron, supra note 2, at 337. 7 Richard A. Warshak, Social Science and Children's Best Interest in Re- location Cases: Burgess revisited, 34 FAM L.Q. 83, 98 (2000). 8 Gary A. Debele, A Children's Rights Approach to Relocation: A Mean- ingful Best Interests Standard, 10 J. AM. ACAD. MATRIM. LAW. 75 (1998). Relocation

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