Relocation with Children
During or following a divorce, we often encounter changes in our lives which may cause a parent to seek to relocate with the children far enough that it will significantly impact the parenting time of the other parent. The desire to relocate could be the result of a job offer, a new relationship, or wanting to move closer to family.
The proposed move could be just out of Fairfield County, or across the country, but in either scenario the parenting plan will need to be adjusted. Most separation agreements contain language that a parent needs permission from the other parent, or a Court order, to relocate outside of an agreed upon radius.
What are the Connecticut Laws which impact a parent’s the ability to relocate with a child?
Sec. 46b-56d. Relocation of parent with minor child. Burden of proof. Factors considered by court.
(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the nonrelocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.
Consultation with an experienced attorney such as myself as soon as possible is important as relocation after divorce is often time sensitive to coincide with school calendars or other life events, and early preparation, including identifying supporting witnesses & securing documentation, is key to a successful resolution.
Contact me for assistance with your relocation matter.
I have extensive experience representing both parents seeking to relocate with the children and parents opposing the proposed relocation. For a consultation regarding relocation, please call my office at (203) 557-0557 or complete the contact form on this site. My office is conveniently located at 246 Post Road East in Westport, Connecticut.
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