Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin

Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin

"We find, viewing the facts in a light most favorable to Maldonado-Morin, that the record demonstrates Maldonado-Morin’s husband of over 12 years has been forced to move to Mexico and that Maldonado-Morin wants herself, Deonte, and Morin’s biological children to live with him. In that sense, this case is no different than a custodial parent’s wanting to move to another jurisdiction to live with a new spouse or a custodial parent whose current spouse is required by his or her employment to move.  Therefore, the district court erred in finding as a matter of law that wanting to live with a deported husband cannot be a legitimate reason. ... The district court erred in its determination that Maldonado-Morin’s desire to live with Morin in Mexico is not a legitimate reason for removal as a matter of law.  We reverse the court’s order and remand the cause for further proceedings consistent with this opinion." - Daniels v. Maldonado-Morin, May 30, 2014.