Falanga v. Boylan

Morse, J. (Ret.),

Specially Assigned, concurring.

I have long maintained that the two-step formula mandated by the Court for modification of custody in relocation disputes achieves nothing but “needlessly complex and artificial” decisions. Gazo v. Gazo, 166 Vt. 434, 450, 697 A.2d 342, 351 (1997) (Morse, J., concurring). Under this approach, courts ostensibly must first determine whether there has been a “substantial change of circumstances” as a precondition to determining whether the child’s “best interests” warrant a modification of parental rights and responsibilities.3 The difficulty is…