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Curtis v. Curtis

Court of Appeals of Nebraska
759 N.W. 2d 269 (2008)


Ryonee Curtis (plaintiff) and Ryan Curtis (defendant) divorced in 2006 in Falls City, Nebraska, which is a small town close to the Missouri border. The Curtises had one daughter, Jordyn. Ryonee was granted primary physical custody, and the Curtises shared joint legal custody. Ryonee was also granted the right to live in the marital home, but the home was foreclosed on. Afterward, Ryonee and Jordyn moved in with Scott McCann and his three children, who also lived in Falls City, Nebraska. Sometime later, Scott McCann sold his property in Falls City and began building a home in Big Lake, Missouri, which is 17.6 miles from Falls City. While the home was being built, Ryonee planned for her and Jordyn to move to Scott McCann’s rental home in Big Lake, Missouri. Ryonee filed an application for removal, seeking permission from the court for Jordyn and her to relocate to Missouri. Ryan objected, and the court set a hearing. At the hearing, Ryonee argued that it was best for her and Jordyn to be allowed to live with Scott McCann in Missouri due to her tight financial situation. Ryonee also contended that even if they moved to Missouri, she would continue working in Nebraska, Jordyn would still attend school in Nebraska, and Ryan’s visitation schedule would not be affected. Ryan argued that Ryonee’s desire to continue cohabitating with Scott McCann was not a legitimate reason for her to be allowed to relocate. Nonetheless, the district court granted Ryonee's application for removal. Ryan appealed.

Rule of Law


Holding and Reasoning (Carlson, J.)

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