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Parent Wishing to Move Out of Area: Gruber v. Gruber

FACTS
Mother and father were married in 1980. They have three children: age 4; age 2; and an infant. The parties separated in November, 1989. On November 15, 1989, the court issued an order that gave shared legal and primary physical custody to mother and gave father visitation on alternate weekends and numerous, specified holidays.

Mother became increasingly depressed and isolated in her surroundings. Her deteriorating psychological state was the result of many factors including the confrontations with her husband, a perceived animosity from her in-laws, a lack of emotional support in the absence of friends or family, and anxiety about having to move from her apartment which no longer was going to be available to her through her in-laws.

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