Connecticut law presumes that it is beneficial for children to have substantial contact with both their parents. However, sometimes one parent moves out of the area with the children, impacting the relationship with the coparent.
If you plan to relocate with your children or want to prevent your coparent from taking the children to live somewhere else, contact a New Canaan relocation lawyer. An experienced family attorney can explain the law, ensure you comply with it, and help you devise a strategy to meet your goals.
When parents already intend to move when negotiating their parenting plan, they can incorporate the relocation into the initial drafting. The plan might call for an extended time with the coparent during holidays and school vacations, plus frequent contact by phone or video call between visits.
A judge reviews the parent’s agreement to determine whether it is in the children’s best interests. Although Connecticut law favors stability and preserving the children’s existing relationships in school and the community, a judge could approve a plan involving relocation when both parents agree.
The judge will approve a plan that serves the children’s best interests. The parents must show that they have made realistic provisions to ensure the children retain their relationship with the parent staying behind and that the children, not just the relocating parent, will benefit from the move. A New Canaan lawyer can help a parent craft persuasive arguments demonstrating that relocation is in the children’s best interests.
When parents are working with an existing parenting plan, and one wants to move away, they will need to seek leave of the court to modify the existing orders. If the parents can keep the original plan in place despite a move, that is often the better solution for the children’s stability.
For example, a parent might accomplish the purpose of a move without moving out of easy commuting distance for the coparent. Alternatively, one parent might move far away, but the coparent could also move to lessen the distance. The parents might need to modify the parenting plan, but judges like to see both parents adapting for the sake of the children.
Sometimes, distance requires modifying the parenting plan. Ideally, they can negotiate an acceptable resolution that allows both parents to remain involved in the children’s lives. However, even when both parents agree to a move, if it requires modifying the parenting plan, the judge must approve it. A New Canaan attorney can help the parents develop a modification proposal that emphasizes the benefits the children will reap from the relocation.
When one or both parents request to modify the parenting plan to allow the parent to move with the children, Connecticut General Statutes § 46b-56d describes the factors the judge must consider. The judge can reject the request for the children to relocate even when both parents agree. In that case, the parent could still move but could not bring the children to live at the new location.
The parent seeking to relocate must prove they have a legitimate reason for moving and that their proposed destination is reasonable, given the purpose of the move. They also must demonstrate that relocating serves the children’s best interests, and the benefits of moving must outweigh the stability the children have in their current environment.
When the other parent opposes the move, they must present their reasons. The judge will scrutinize each parent’s motivation for taking their position and ensure that neither parent is attempting to manipulate the other or alienate the children. It is critical for a parent involved in a contested relocation to work with an experienced New Canaan lawyer.
The law takes the preservation of the parent and child relationship seriously. When moving would interfere with the other parent’s ability to spend time with the children, the relocating parent must prove the move serves the children’s best interests.
These issues can get complicated. Contact a New Canaan relocation lawyer when you or your coparent want to move with the children. They can explain the law and help you pursue your relocation goals.
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