Samantha J.M. v. Anthony T.C.

OPINION OF THE COURT

Patricia E. Gallaher, J.

Before the court is the interesting issue of whether this is a relocation case, governed by the Tropea factors, when brought approximately seven months after the mother moved five hours away with the child. The relevant stipulated order, giving 50/50 shared residency, had not determined who had primary physical residence but identified the father’s residence as controlling for educational purposes. There was no express stipulation against moving out of the county with the child.

If it is not a relocation case, the key issue is who should have primary…