I get a few inquiries a month about the law on moving from Connecticut with children to another state or even another country. In Connecticut, a parent will be allowed to relocate with a child if:
- Relocation is for a legitimate purpose;
- The proposed relocation is reasonable in light of that purpose; and
- The move is in the best interest of the child.
In a recent post divorce case, a mother was permitted to move to Florida with her children.
Some relevant facts:
The father allegedly assaulted the mother and she required hospitalization. Domestic violence should not be tolerated.
The mother had sole custody.
The mother was strapped financially and the father was paying her only $4 per week in child support. She was offered a job in Florida with benefits and apparently had secured suitable housing.
The judge found that the mother proved that the relocation was for a legitimate purpose, as it will improve her fnancial conditon since she has family support and connections in Florida. Therefore, relocation will benefit the children. The judge also considered parenting skills, emotional ties of the children to each parent and the father’s psychological instability.
The judge waived the father’s obligation ($4?) to continue paying child support because he will incur significant travel costs when he visits the children.
It seems unlikely that the father will be able to travel to Florida given his lack of financial means. I have been involved in similar cases where the judge ordered the children to have visitation in Connecticut when a parent relocates. However, I don’t know enough about the case to determine whether this was a possibility.
Cases which involve moving from Connecticut with children to other locations are often hotly contested. Contact me to discuss some strategy about relocating or your legal options to prevent the other parent from leaving.