McLaughlin v. McLaughlin

647 N.W.2d 577, 264 Neb. 232, 2002 Neb. LEXIS 154
CourtNebraska Supreme Court
DecidedJune 28, 2002
DocketS-01-1137
StatusPublished
Cited by77 cases

This text of 647 N.W.2d 577 (McLaughlin v. McLaughlin) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLaughlin v. McLaughlin, 647 N.W.2d 577, 264 Neb. 232, 2002 Neb. LEXIS 154 (Neb. 2002).

Opinions

Connolly, J.

I. NATURE OF CASE

Rebecca L. McLaughlin, now known as Rebecca L. Sheets, is a custodial parent who has remarried and wishes to move to Huron, South Dakota, with her child because of her new husband’s employment. Chadd McLaughlin, her former husband and father of the child, opposed the application for removal, and the district court denied Rebecca’s application. She appeals. We determine that Rebecca satisfied her burden of showing a legitimate reason for the removal and that it was in the best interests of the child to continue living with her. Accordingly, we reverse.

[234]*234II. BACKGROUND

The parties’ marriage was dissolved in April 1999. In the decree, Rebecca and Chadd were awarded joint legal custody of their daughter, who was almost 4 years old at the time the application for removal was filed. Rebecca was awarded primary physical custody. Chadd was given reasonable and liberal visitation. He was not granted extended summer or holiday visitation. Beginning in May 2001, the parties agreed to a visitation schedule that gave Chadd custody from Thursday evening to Sunday evening, every other weekend.

In April 2000, Rebecca married Clayton Sheets. She stated that she continued to work because they needed her income. She earned about $22,000 in the year 2000. She quit her job in May 2001 to stay home with her daughter, and she and Clayton had a daughter in June 2001.

Clayton testified that soon after Rebecca and Clayton were married, he began searching for a new job so that he could earn enough income for Rebecca to stay home. His background and experience were in agriculture. He earned his bachelor’s degree in agricultural sciences in 1996. When they married, he worked as an agronomist for a national farmers’ cooperative in Gretna, Nebraska. His duties included scouting fields and giving farmers recommendations on their crops, and he also sold seed and chemicals to farmers. In addition, he was required to perform long hours of manual labor at the farmers’ cooperative during the spring and summer. His annual base salary was $31,000, and he received $6,500 in bonuses for the year 2000. He stated that he had virtually no opportunity for advancement.

Clayton looked for new employment in Nebraska, but the only offers he received were for farmers’ cooperative positions similar to the one he held in Gretna. He applied to some of the larger seed companies but did not receive an offer. He was offered an outside sales position in Omaha with an insurance company that paid $50,000 annually. He stated that he did not accept the position because it did not provide benefits; required considerable travel; and required him to provide his own vehicle and pay for all of his travel expenses, including food, gas, and hotels.

In June 2001, Clayton received an offer from Garst Seed Company in Huron, South Dakota, for a district sales manager [235]*235position. The company required an answer within a week, and he accepted. Clayton testified that his annual base salary with Garst Seed was $45,000 and that his new job offered scheduling flexibility, a home office, company car, and benefits. He was confident that he could earn enough in bonuses to exceed the income he and Rebecca had earned together while in Nebraska.

On July 6,2001, Rebecca filed an application for removal and requested an expedited hearing because Clayton was to start at his new job on July 17. In his response, Chadd denied that the removal was in the child’s best interests and cross-applied for physical custody. Rebecca also filed a motion for temporary removal or, alternatively, a trial date for the end of August. The court denied the motion for temporary removal, and trial was held on September 10.

At some point between Clayton’s acceptance of the new position and the trial, Clayton and Rebecca sold their home in Papillion and purchased a new home in Huron. Rebecca stated that Huron is about a 4- to 472-hour drive from the Omaha area. Clayton moved to Huron to begin his job. The record reflects that Rebecca and the children stayed in Huron for visits before the hearing and that she was able to describe the community and their new home to the court. She testified, however, that she was still living with her children at her parents’ home in Elkhom, Nebraska.

She described the neighborhood as quiet and friendly with an elementary school within a couple of blocks of their home. She stated that the new home cost no more than their old home but had an additional bedroom and had twice as much square footage. She believed that the cost-of-living in general was lower in Huron than in Omaha. She also stated that her daughter got along well with Clayton and her new half sister. She maintained that the loss of contact with her family in Omaha would be offset by the benefits of their new community and improved lifestyle. She stated that her family already had plans for visits and that she would visit Omaha frequently to see them. The record reflects that Huron is a city of 12,000 people.

Regarding Chadd’s visitation, she testified that she would maintain the same visitation schedule until the child began kindergarten. She was also willing to meet Chadd halfway every [236]*236other weekend to shorten the drive time for him. After the child began school, she proposed an extended summer visitation of 5 weeks to compensate for the shortened weekend visitations.

Rebecca was asked what she would do if the court denied the removal, and she stated, “If it came to that, we would have to move back ...” She stated that she would not give up custody if the court denied the application because she did not believe it was in the child’s best interests to live with Chadd. She stated the child’s best interests were to continue living with her because she could stay home with her children in South Dakota and the family’s lifestyle and home would be improved by Clayton’s new position. She also asserted that her children would be safer in Huron than in Omaha. Finally, she testified that because of their increased disposable income, she and Clayton could save for their children’s college educations, which they could not afford to do in Omaha.

On cross-examination, she stated she and Clayton did not inform Chadd that they intended to move to South Dakota until after Clayton had accepted the position, but before they had sold their house. Rebecca also stated that Clayton had not inquired about two Garst Seed positions that became available in Nebraska after he had accepted the Huron position because the positions were an extension of the territories for only existing representatives and were not available to new employees.

Chadd testified that he was told about Clayton’s new job in South Dakota sometime between June 25 and 30, 2000. He stated that at that time, Clayton had already accepted the job, but Chadd did not believe the house was listed for sale yet. He maintained that Rebecca had already moved to South Dakota because he had received a telephone call from his daughter while she was there. Rebecca had also left a telephone message once stating that they were going to South Dakota. But he could not point to specific time periods when he thought she was there. He stated that he was not asking for custody of his daughter, but only asking the court to deny her removal from the jurisdiction, and that if the court denied the removal, and Rebecca still wanted to leave, he would assume custody.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Prellwitz v. Helms
Nebraska Court of Appeals, 2022
Burton v. Schlegel
29 Neb. Ct. App. 393 (Nebraska Court of Appeals, 2021)
Sawyer-Kociemba v. Kociemba
Nebraska Court of Appeals, 2020
Harper v. Harper
Nebraska Court of Appeals, 2020
State on behalf of Andreasen v. Andreasen
Nebraska Court of Appeals, 2020
State on behalf of Ryley G. v. Ryan G.
306 Neb. 63 (Nebraska Supreme Court, 2020)
Frost v. Monahan
Nebraska Court of Appeals, 2020
Olson v. Olson
27 Neb. Ct. App. 869 (Nebraska Court of Appeals, 2019)
Welch v. Peery
26 Neb. Ct. App. 966 (Nebraska Court of Appeals, 2019)
Speers v. Johns
26 Neb. Ct. App. 889 (Nebraska Court of Appeals, 2019)
Kashyap v. Kashyap
26 Neb. Ct. App. 511 (Nebraska Court of Appeals, 2018)
Vlasak v. Vlasak
Nebraska Court of Appeals, 2018
Alicia K. v. Garrett S.
Nebraska Court of Appeals, 2017
Kolar v. Tester
Nebraska Court of Appeals, 2017
Boyer v. Boyer
Nebraska Court of Appeals, 2017
Winsick v. Winsick
Nebraska Court of Appeals, 2016
Cohrs v. . Bruns
Nebraska Court of Appeals, 2015
Bohnet v. Bohnet
Nebraska Court of Appeals, 2015
Schrag v. Spear
Nebraska Supreme Court, 2015
Snodgrass v. Snodgrass
Nebraska Court of Appeals, 2014

Cite This Page — Counsel Stack

Bluebook (online)
647 N.W.2d 577, 264 Neb. 232, 2002 Neb. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-mclaughlin-neb-2002.