When two parties have a custody order in place, changes in life circumstances may require a modification to the existing agreement. If one parent wishes to relocate to a new city, state, or country, it can cause significant conflict between both parties. Pursuant to According to Connecticut law, absent an agreement between the parties, any attempt by one parent to relocate that would impact the other parent’s court-ordered parenting time first requires the Court’s permission.
If you or your former partner is attempting to move, you should call a Connecticut relocation lawyer as soon as possible. A skilled family law attorney can help you present an argument for or against a modification to your custody order. Get in touch with our firm today to speak with a qualified legal advocate.
When a custodial parent seeks a relocation, they must prove by a preponderance of the evidence that the move is for a legitimate purpose, it is reasonable in light of that purpose, and it is in the child’s best interest.
If one parent decides to move with their child, it must be for a legitimate reason. Some valid reasons include accepting a new job, having access to better schools, or being closer to other family members, such as the children’s grandparents.
However, not all reasons are considered valid. For example, if the custodial parent’s new job is only 30 miles away, the court may not accept a request to move 50 miles away from the non-custodial parent.
The court will assess a parent’s request to relocate, consider what impact the move may have on the child, and ultimately determine what is in the child’s best interest. Consequently, the child’s relationship with the non-custodial parent will be a significant factor in the court’s ruling. Parents who wish to relocate with their child should speak with an experienced lawyer about presenting a valid and compelling argument to the court.
A court will approve or deny a request to relocate after considering many factors. The court will assess the following:
If a court approves the relocation, it has the discretion to modify the parenting plan to meet the non-custodial parent’s needs through a different child custody arrangement. Additionally, a modification to the child support order may be warranted to account for the non-custodial parent’s increased transportation costs to exercise their visitation. For more information about how the court grants permission to relocate, it is best to talk to a Connecticut lawyer.
If you are seeking to relocate or your former spouse is attempting to move your children far away, you should speak with a Connecticut relocation lawyer as soon as possible. An attorney can help you to determine your legal rights and fight for your interests in court. Contact us to learn more about how we can support you throughout your case.
By: Meryle H.
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