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260 Neb. 954

621 N.W.2d 70

Brown v. Brown

Nebraska Supreme Court

Decided December 22, 2000

Nebraska Supreme Court · decided 2000-12-22

Good law ✅— No negative treatment on recordhow we know

Decided 2000-12-22

How this case has been cited

Cited by 40 later decisions — most recently May 2021 · most notably Vogel v. Vogel (2002), Riggs v. Riggs (2001)

38 state decisions

220200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wright, J.,

¶1concurring in the result.

¶2I concur in the result. In my opinion, where the parties have joint legal and physical custody, the burden of proof is upon the party seeking to relocate to first show there has been a material change in circumstances that would justify a change in the cus*976tody arrangement. Custody is the first issue that must be decided. Obviously, relocation of the children would amount to a modification of custody by transferring physical custody to the parent who desires to relocate. Therefore, I would require the parent who desires to relocate to prove that the new custody arrangement should be adopted by the court.

Connolly, J., joins in this concurrence.
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