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O'Bannon v. O'Bannon11/20/2003
r relationship with her adult parent at the expense of the children's relationship with their parent."
We do not agree that the fact that Wife is originally from Spearfish, South Dakota and that her mother and other relatives live there is sufficient to establish that her intended relocation has a reasonable purpose and justifies moving these children fifteen hundred miles from their father. Furthermore, the Wife's argument that relocation will afford better job opportunities is not sufficiently supported by the evidence. Wife testified that, although she does not have a job awaiting her in Spearfish, her intent is to open an insurance agency there. Her current husband testified that he has made no effort to find employment in Spearfish but believes he would be able to do so. Doubtless relocation because of a better job opportunity, greater salary, and career advancement opportunities, establishes a `reasonable purpose' within the meaning of the statute, but mere belief and hope that career advancement will occur is not sufficient to establish a reasonable purpose for relocation. Wife cites several cases on which she relies to support her argument that her intended relocation has a reasonable purpose because of job opportunities, but in each case the party seeking relocation, or the spouse of such party, had either an actual job or offer of employment in the area of proposed relocation
In contrast to the uncertain employment future they face in Spearfish, both Wife and her current husband have stable employment in this area . Wife testifies that she has been employed at a local funeral home for two years and that she earned $31,000.00 during the year preceding trial. Mr. Riddle testifies that he has been employed as an automobile salesperson for fifteen years and would be making between $35,000.00 and $40,000.00 during the year of trial. Mr. Riddle also testifies that he realizes income from renting mobile homes, mobile home lots and houses in the area. Under these circumstances we agree with the Trial Court's determination that Wife's request to relocate is without reasonable purpose.
Wife's announced reason for the proposed move to Spearfish is to reunite with her mother with whom she had a poor relationship. She presently visits her mother in Spearfish almost yearly and her mother and step-father travel to Tennessee every year. Her husband, Paul Riddle, has no connections to South Dakota, and has no reason for the proposed move, but is passively going along with his wife. As stated, both have lucrative employment in Bradley County where Paul Riddle has substantial investments. The thrust of testimony offered about what they would do, if permitted to move, is essentially a vague plan of what they might do rather than a clear purpose for relocating. The trial judge noted that the real motivation for wanting to move is likely the scandal resulting from the breakup of Paul and Tina Riddle's marriage, caused by, according to Tina, the Respondant. The trial judge further found:
Now, leave that there just for a minute, and then look at some of the other things that the mother was doing prior to this removal. She was telling people, and - - it's a finding of fact by the Court that she told people, that the father was a pedophile. There is no question about that. And she admitted it to the father. I misstated that in court. She didn't admit it in court. She admitted it to the father and I accredited his testimony.
She said he wasn't a pedophile, so why would she say that? Well, I think possibly, in getting ready for an unreasonable removal of the children, to give people an explanation of why she was moving out of this area, becau
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