Baxendale v. Raich

878 N.E.2d 1252 (2008)

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Baxendale v. Raich

Indiana Supreme Court
878 N.E.2d 1252 (2008)

Facts

When Valerie Baxendale (plaintiff) and Sam Raich (defendant) divorced, Valerie was given physical custody of their children. The older child attained majority, and the younger child, A.R., continued to live with Baxendale in the Chicago suburb of Valparaiso, Indiana. When A.R. was 11 years old, Baxendale was laid off from her Chicago employment and found another job in Minneapolis. Baxendale accepted the Minneapolis position and filed a notice of intent to relocate with A.R. Raich filed a petition for custody modification. Baxendale moved to Minneapolis and agreed that A.R. would live with Raich until the court issued an order. The trial court considered all factors in determining A.R.’s best interests, including relationships with Raich and other family members, extracurricular activities, grades, and the cost of education in Minneapolis. The court denied Baxendale’s request to relocate A.R., ordered that Baxendale and Raich would continue to have joint custody, and named Raich as the physical custodial parent if Baxendale continued to live in Minneapolis. If Baxendale returned to Indiana, Baxendale would become the physical custodial parent under the court’s order. Baxendale appealed, arguing that the order infringed on her constitutional right to travel.

Rule of Law

Issue

Holding and Reasoning (Boehm, J.)

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