Here is how a judge will analyze Connecticut child relocation. The relocating parent must first prove:
- The relocation is for a legitimate purpose;
- The proposed relocation is reasonable in light of such purpose; and
- The proposed relocation is in the best interests of the child.
If these are established then the judge will consider the following in deciding whether to allow the relocation:
- Each parent’s reasons for seeking or opposing the relocation;
- The quality of the relationships between the child and each parent;
- The impact of the relocation on the quantity and quality of the child’s future contact with the nonrelocating parent;
- The degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and
- The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.
A few points:
A judge has the authority to prevent a child from relocating but cannot prevent a parent from relocating. Therefore, a custodial parent may be faced with a difficult decision if the judge denies the request for the child to leave.
In addition, the noncustodial parent may file a motion for modification of custody requesting primary custody of the child rather than having the child leave the state.
Finally, this process applies specifically to cases where a divorce has already entered. For cases involving a request to relocate while a divorce is pending, the court simply applies the best interest of the child standard.
To read more about relocation issues in Connecticut, click here.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the relocation process.