Nathan Cooper, Appellant v. Shannon Kalkwarf (cooper), Appellee

Summary

The court held that the relocation presumption applicable to a sole or primary custodian does not apply merely because a decree labels one parent the primary custodian. Because the parties shared substantial parenting time and both maintained significant responsibility and relationships with the child, the court held that the joint-custody analysis governed and remanded for reconsideration under that framework. Chief Justice Kemp, concurring, questioned whether relocation presumptions and threshold tests should be abandoned, while Justice Hart, joined by Justices Baker and Wynne, would have upheld the circuit court's application of the presumption and relocation decision.