Considerations in a Connecticut child relocation proceeding

March 05, 2014

Considerations in a Connecticut child relocation proceeding

Article provided by Lawrence & Jurkiewicz, LLC
Visit us at http://www.ljct-lawyers.com

If one parent must move away, it is possible to modify custody to reflect changing circumstances.Life is full of curveballs, and nowhere is that more apparent than in family law proceedings. Divorce is often unexpected and usually difficult. Deciding custody matters and visitation can take hard work and compromise. Once established, it is best for everyone involved for the custody and visitation schedule to be as stable as possible.

Unfortunately, job changes and other factors may make moving the household the best option for a parent. When that occurs, the current child custody arrangement may no longer be feasible. If one parent must move away, it is possible to modify custody to reflect changing circumstances. However, the moving parent must inform the other of the intent to move. The non-moving parent then has the opportunity to contest the move.

If there is little valid reason for the move, the non-moving parent has a strong relationship with the child and the move would negatively affect the child's wellbeing, then the court may deny the right for the custodial parent to move. The parent relocating has the initial burden in court to prove that the relocation is for a legitimate reason.

Factors in move-away cases

A judge will decide a move-away case in the same matter as the original custody order: namely, what is in the best interests of the child. A family law judge will look to several factors when deciding custody in a move-away case:
-The effect of the move on a child's stability and continuity
-The distance of the move
-The reason for the move
-The child's preference, if he or she is old enough to understand the decision
-The affect of the move on the child's economic wellbeing and education
-The relationship between the child and the parents, and the relationship between each parent

There is no one factor that would make a relocation valid or invalid in the eyes of the court. However, if one of the reasons for the move is simply out of spite for the other parent, for example, then the court is more likely to deny relocation. However, if the child would have better living conditions, access to better neighborhoods and the move would not unreasonably affect the child's relationship with the non-moving parent, then the court is more likely to grant relocation requests.

If a parent does move away, custody and visitation may change as well. A child may spend more weeks in the summer with the non-custodial parent, for example. Visitation may be granted through social media, such as Skype, so that the long-distance parent can remain in touch.

As with any change in custody arrangements, communication is key, as is obeying the new custody arrangements. It is best for the child to have a stable and transparent living arrangement, as well as regular interaction with both parents.

Parents seeking to move or to contest the move of another parent should contact an experienced family law attorney to discuss their options.