Jaramillo v. Jaramillo

OPINION

MONTGOMERY, Justice.

We granted certiorari to review the following question arising under the Constitution of the United States and involving an issue of substantial public interest:1 Does placing the burden of proof upon a joint custodial parent to show that a proposed relocation is in the child’s best interest impose unconstitutional restrictions upon the relocating parent’s right to travel? Although our answer to this question is generally favorable to the petitioner’s contentions, we decline to go as far as have some courts by creating a presumption in favor of the relocating…