• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Business Associations
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Exam Prep Pro
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • Practice Ready Workshop
    • 1L Prep Course
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Business Associations
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Exam Prep Pro
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • Practice Ready Workshop
      • 1L Prep Course
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgotten Password

    Cancel
    0
    To print, please Start a Free Trial or Log in.

    Confirm favorite deletion?

    Cancel Yes, Delete

    Family Law Keyed to Weisberg

    Tropea v. Tropea

    Facts

    This is a conciliation of two cases in which the divorced spouse who previously granted custody of the couple’s minor offspring seeks permission to move away from the area in which the noncustodial spouse resides. In Tropea v. Tropea, the parties were married in 1981 and produced two children. They divorced in 1992, with a judgment providing that petitioner mother would have sole custody of the children, with respondent father granted visitation on holidays and at least three day each week. The parties were barred from moving out of the county where both of them resided without judicial approval. Petitioner sought a change in visitation arrangements and permission to relocate with the children. Respondent opposed the relief and filed a cross petition for change of custody. Petitioner testified that she wanted to move due to her plans to remarry, and that her and her fiance had purchased a home in the new area. She testified that she was willing to cooperate with a liberal visitation schedule, and she was prepared to drive the children to the father’s home two and a half hours away. All parties recognized that the distance between the homes made midweek visits impossible during the school term. Respondent claimed that petitioner’s need to move was the product of her own life-style choice and he consequently should not b the punished parent. He proposed that he be awarded custody if the petitioner relocated. He produced evidence that he maintained frequent and consistent contact with his children. The presiding judge denied petitioner’s request. He applied a more restrictive view of relocation, finding that when the move unduly disrupts or substantially impairs the noncustodial parent’s access rights to the children, the custodial spouse seeking consent must bear the burden of demonstrating exceptional circumstances, such as a concrete economic necessity. Applying this principle, the judge found the petitioners desire to obtain a fresh start insufficient to justify the move. • In Matter of Browner v. Kenward, the parties were married in 1983 and had one son. In 1992 a separation agreement was arranged which provided petitioner mother with physical custody of the couple’s child and gave respondent father liberal visitation, including midweek overnight visits and alternating weekends. Respondent was to remain in the marital residence and petitioner and the son were to live nearby with the petitioner’s parents. She was required to seek approval if she intended to move more than 35 miles from respondent’s residence. In October 1992 petitioner sought permission to relocate 130 miles from respondent’s home because her parents were moving. Respondent opposed, contending that he was a committed and involved noncustodial parent and the move would deprive him of meaningful contact with his son. Petitioner testified that she was unable to find a job in the original area but was unable to do so, unlike the proposed area to which she wished to move. An additional factor was the emotion support and child care she received from her parents. The evidence demonstrated that petitioner was somewhat dependant on her parents for financial and moral support, and petitioner’s son had become especially close to his grandparents. The boy also had a close relationship with his cousins in the new area. Respondent argued that the move would eliminate his midweek visits, as well as participation in his child’s daily school, sports, and religious activities. The trial court ruled that petitioner’s claim that she was unable to secure employment and housing in the area was less than convincing, and that respondent had been vigilant in visiting his son. Nonetheless, the court authorized the proposed move, noting it would not deprive respondent of meaningful contact with his son. Further, the court found the move would be in the best interests of the child, would reduce bickering between the parents, and would enable the child to have healthy peer relationships. Additionally, the emotional advantages petitioner would realize from being close to her parents would ultimate benefit the child. Respondent appealed.

    Only StudyBuddy Pro offers the complete Case Brief Anatomy*

    Access the most important case brief elements for optimal case understanding.

    *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

    • The Brief Prologue provides necessary case brief introductory information and includes:
    • Topic:

      Identifies the topic of law and where this case fits within your course outline.
    • Parties:

      Identifies the cast of characters involved in the case.
    • Procedural Posture & History:

      Shares the case history with how lower courts have ruled on the matter.
    • Case Key Terms, Acts, Doctrines, etc.:

      A case specific Legal Term Dictionary.
    • Case Doctrines, Acts, Statutes, Amendments and Treatises:

      Identifies and Defines Legal Authority used in this case.
    Start Your Free Trial or Log in.
    • The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
    • Brief Facts:

      A Synopsis of the Facts of the case.
    • Rule of Law:

      Identifies the Legal Principle the Court used in deciding the case.
    • Facts:

      What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
    • Issue(s):

      Lists the Questions of Law that are raised by the Facts of the case.
    • Holding:

      Shares the Court's answer to the legal questions raised in the issue.
    • Concurring / Dissenting Opinions:

      Includes valuable concurring or dissenting opinions and their key points.
    • Reasoning and Analysis:

      Identifies the chain of argument(s) which led the judges to rule as they did.
    Start Your Free Trial or Log in.
    • The Brief Prologue closes the case brief with important forward-looking discussion and includes:
    • Policy:

      Identifies the Policy if any that has been established by the case.
    • Court Direction:

      Shares where the Court went from here for this case.
    Start Your Free Trial or Log in.

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    Tropea v. Tropea