Relocation cases with children are usually hotly contested. This is especially true when the relocation involves a great distance. Family Court judges say these cases involves some of the most difficult decisions they make.
So – what is the process in Connecticut if a parent wishes to relocate?
If a parent wishes to relocate and the proposed relocation will have a significant impact on the noncustodial parent’s visitation then the relocating parent must prove to a judge that:
- Relocating 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.
Pursuant to Connecticut General Statutes Section 46b-56d, a judge will consider the following:
- 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 are worth mentioning. A judge has the authority to prevent a child from relocating but cannot prevent a parent from relocating. Therefore, if a custodial parent files a request to relocate and that request is ultimately denied that parent may leave but not with the child. Depending on the circumstances of the case a custodial parent may be faced with a difficult decision.
In addition, a 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, the law cited above applies specifically to cases where a divorce has already entered. For cases involving a request to relocate while a divorce is pending or for cases where a parent wishes to move at the time of divorce, the court applies the best interest of the child standard.
Stamford and Fairfield Relocation Attorney
I represent clients in Connecticut Family Court proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 for a consultation concerning relocation issues in Connecticut.