Pingree v Pingree

Mother appealed an order of conditional change of custody if she moved out of state to do a medical residency. The panel affirmed. It held that, under Utah Code 30-3-37, the best interest of the child control the issue of custody and relocation. It held that the district court did not clearly error in finding removing the child from Utah and returning her at eth end of the residency was not in her bests interests given the family and friends she has here and Mother’s inability to see the benefit of child’s relationship with father. The panel noted that mother agreed in the divorce settlement to stay in Utah in exchange for spousal support and had been given opportunity to litigate the issue. It also called upon the family law bar to include provisions about relocation in parenting plans to avoid problems like the one here.