The Idaho Supreme Court has overturned a lower court decision barring an Idaho mother from moving to another state after her divorce.
Overruling a lower-court’s opinion that it was detrimental to the child’s well-being for Aneka Allbright to unilaterally move-away with her new husband to Michigan from Idaho – The Supreme Court in that state allowed a mother to simply remove the child from the father’s life.
From the article:
The justices concluded Friday that that 6th District Magistrate Judge Gaylen Box had no authority to prevent Aneka Allbright from moving to Michigan with her new husband.
Aneka Allbright divorced Gregory Allbright in 2005. The end result of that family break-up was a near 50/50 custody arrangement that was working, especially for the child. When Aneka remarried in 2007, she decided that she wanted to move to Michigan with her new husband and take the child with her. This would effective cut an active, loving father out of his daughter’s day-to-day life. A trial ensued as the mother pursued primary custody of the child so that she could relocate away from the child’s biological father.
We believe the lower court ruled appropriately by barring the mother’s relocation to Michigan, at least – a relocation with the child. Judge Gaylen Box ruled that such a dramatic change would have negative implications for the child.
Apparently, the Supreme Court of Idaho unanimously decided to overrule Judge Box and grant the mother’s desire to kick the father out of the child’s life, and stripping a father of his rights to be a parent to his daughter.
For the full story: Supreme Court overturns ruling barring mom’s move
