Powe v. Powe

Simply stated, the issue is whether plaintiff, Judith Powe, the custodial parent, shall be permitted to remove Kenny, the parties’ son, to Florida. Defendant, Kenneth Powe, objects to his son’s removal, and a prior agreed-to order prohibits removal absent consent or court order. The agreed pattern and practice of the parties developed as the child grew, so that Kenny’s time became almost evenly divided between his parents, including substantial time with his father each week. Defendant does not seek custody of his son. The interest he seeks to protect is the relationship which he and his son…