Move-away moms

 

     For many years the Equal Justice Foundation has pointed out that any man with the intelligence to understand Colorado law has to be functionally insane to marry and a drooling idiot to sire a child. It is appropriate to note on this Father's Day that rather than moving to fix the train wreck of families and marriage in this state, a recent ruling by the Colorado Supreme Court moves us closer to days of darkness.

     Among others, a study by Sanford Braver and his associates at Arizona State University, Relocation of Children After Divorce and Children's Best Interests, makes a strong argument against moving children far away from their fathers.

      Ignored was the precedent set in the April 29, 2004, decision by the California Supreme Court in the LaMusga case that if the custodial parent (typically mom) moved far away  it placed an unreasonably high burden on the non-custodial parent (typically Dad). The California Supreme Court also stated that the disruption of contact with a responsible father constituted a "harm" to children.

     But logic has had little impact on the redfem Colorado Supreme Court, who ruled on June 6, 2005, in case 03 SC 751  that mom has the right to move away simply because she wants to, and even though she has not found employment in the new location.

     I know many readers of this newsletter are currently struggling with this issue in Colorado courts and I can only offer our sympathy. I personally struggled with maintaining contact with my sons when their mother took them without notice to Colorado and I was forced to commute between Missouri, and later Massachusetts in order to maintain our relationship. They are now 27 and 30 but I still see problems in my sons that stem from the divorce although I have always somehow managed to remain close to them.

      The Equal Justice Foundation again pledges to continue the battle against such injustices and to fight for the restoration of the rightful place of children, families (including fathers, mothers, and grandparents), and marriage in our lives.

Charles E. Corry, Ph.D., F.G.S.A.

June 15, 2005 - The Colorado Supreme Court held that the trial courts had abused their discretion by "prematurely" concluding there is a value to giving both parents ample access to their child.

The court was more concerned with the advantages that the child would receive by staying with the "primary caregiver."

Justice Nancy Rice, writing for the court, held a mother has a constitutional right to travel, which must be balanced against the right of the biological father to help raise his child. On balance, the custodial mother's right to travel was more important than the noncustodial father's rights to raise his child.

In Colorado, women no longer have to demonstrate that moving out of state is in the best interests of the child. Instead, the supreme court is focused on the mother's right to travel. For more information, click on the following link: case03 SC 751

Disclaimer

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______________________________________________

Charles E. Corry, Ph.D., F.G.S.A.
President, Equal Justice Foundation http://www.ejfi.org/
455 Bear Creek Road
Colorado Springs, Colorado 80906-5820
Telephone: (719) 520-1089
Domestic violence against men in Colorado: http://www.dvmen.org
Personal home page: http://corry.ws

Curriculum vitae: http://www.marquiswhoswho.net/charleselmocorry/Default.aspx

 

The good men may do separately is small compared with what they may do collectively.

Benjamin Franklin

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Dr. MICHAEL A. S. GUTH Attorney at Law Ph.D. (Economics), J.D. Univ. of Tenn. Licensed in Tennessee since 1998 send e-mail (E-mail is quickest method of contact). Hours: Monday - Friday: 9:30 AM  - 6 PM, Saturday & Sunday 1 PM - 6 PM.   116 Oklahoma Ave.   Oak Ridge, TN   37830-8604   Phone: (865) 483-8309

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