This section contains the nature of the case and procedural background.

The parties were married on July 25, 1987. On February 20, 1988, their son was born. In December of 1991, the M left the marital residence with the child and filed a complaint for divorce and a motion for temporary residential parenting rights and support. F counterclaimed for divorce and also requested temporary parenting rights and support. The child remained in M's custody pending a determination by the court. Without F's knowledge, M moved to Versailles, Kentucky, for her job as a part-time pilot for the U.S. Army so she could increase her flying time and earn more money. F was also attending law school. On May 13, 1992, M filed a notice of relocation providing her new address. F was an ironworker, was unemployed during that summer. M had applied to take classes through the University of Kentucky Law School in July and had become pregnant sometime in May by a man whom she had begun seeing in March, and who was married but separated from his wife. M enrolled her son in a private school for the times she would attend law school classes. F filed an emergency motion for contempt and return of the child to Ohio. The trial court allowed the child to remain with M until the completion of a previously ordered custody investigation. A psychological evaluation was completed, and a parenting specialist completed her report, and M requested another doctor to review and evaluate the reports. Unsurprisingly, both parents were found adequate, but each expert recommended a different parent for sole custody. The trial court removed custody from M and allocated full parental rights of the five-year-old child to F. M appealed.

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