Jaramillo V. Jaramillo

The court of appeals, in the decision here under review, Murphy v. Jaramillo, 110 N.M. 336, 795 P.2d 1028 (Ct. App. 1990), stated that in joint custody cases the burden is on the party seeking to relocate to show that the relocation is in the best interests of the child. Id. at 340, 795 P.2d at 1032. We disagree with this statement, although we agree generally with other statements in the court's opinion, reviewed below, to the effect that the nonrelocating parent should not be placed at a disadvantage by having to show that a proposed move will be inimical to the child's best interests. Because we conclude that the trial court properly determined where the best interests of the child lay under the facts of this case and the court of appeals incorrectly set aside that determination, we reverse the court of appeals and remand to the district court with instructions to reinstate its order revising the parties' parenting plan and permitting the mother to move with the child to another state.