Daniels v. Maldonado-Morin

Mother and Father were the biological parents of Son and had joint legal custody of Son. Since his birth, Son lived primarily with Mother. In 2001, Mother married Stepfather. In 2013, Father filed a complaint to modify, seeking sole custody of Son. In his complaint, Father alleged there had been a material change in circumstance because Stepfather had been deported to Mexico and Mother wished to join him in Mexico with Son. Mother filed a countercomplaint seeking to permanently remove Son to Mexico. The district court granted summary judgment for Father on Mother’s countercomplaint, finding that Mother’s reason for removal was not legitimate. The Supreme Court reversed, holding that the district court erred in determining that Mother’s desire to live with Stepfather in Mexico was not a legitimate reason for removal as a matter of law. Remanded.View "Daniels v. Maldonado-Morin" on Justia Law