Relocation Litigation And Children’s Best Interests: Revisiting Burgess 1

This article appeared in a 1999 State Bar of Texas Family Law Section Report. It was adapted from the relocation monograph described as Social Science and Relocation Litigation. Readers interested in an abbreviated overview of the monograph will find this article helpful, but it lacks the documentation of the more complete publication (e.g., 20 versus 199 endnotes).

The article discusses the relevance and utility of social science in relocation disputes, and it addresses the central psychological arguments relied upon by the Burgess court in favoring a presumption for relocation.

Dr. Warshak identifies and explains crucial errors and oversights in that decision that detract from its value as a guide to children’s best interests in relocation decisions. Specific factors addressed include: the significance of the custodial mother-child relationship, the significance of frequent father-child contact, joint custody and relocation, hardships of travel and access schedules following relocation, and the role of children’s preferences in relocation decisions.

This item is included in the Relocation Collection.