Relocation cases involving children are the thorniest case a Family Court decides.
Sure, once in awhile, the other parent will agree – particularly if a suitable visitation schedule is worked out. But many times, it’s simply all or nothing. You know if a parent wants to go to California (Led Zep on in the background) with the children you don’t compromise and settle on Chicago.
And sometimes it even prompts the non-relocating parent to file a Motion to Modify Custody.
So here’s the deal with relocation.
There are two standards in Connecticut for relocating with children depending on the stage of the case.
At the time a divorce is entered (or while a divorce is pending), a parent may leave Connecticut and relocate with the child if a judge finds that such a move is in the child’s best interest.
When a custodial parent seeks to relocate after a divorce is finalized, the relocating parent must satisfy certain criteria set forth in Connecticut General Statutes 46b-56d.
A recent case in Norwich highlights how a judge might analyze a proposed move at the time of divorce.
The mother requested permission to relocate to Tennessee. She had family support there with free housing and childcare.
The father objected since he would it be difficult for him to establish a bond with his 18 month old daughter from a distance.
The judge allowed the mother to move citing the economic benefits of the move and because the mother agreed to generous and flexible with visitation.