When a parent wishes to move, and they share custody of a child with another person, it can create many legal challenges. An existing custody plan may become impractical or impossible to follow, and the assistance of a family law attorney may be necessary.
Relocations with a child can lead to bitter court battles, and these matters should not be taken lightly. However, relocations can sometimes be unavoidable and could be in a child’s best interests. If you or a co-parent have plans to move, a Glastonbury relocation lawyer could help you understand your rights and fight for the outcome that is best for you and your child. Reach out to a dedicated child custody attorney today.
If a parent’s relocation order may have a significant impact on an existing custody plan, the court must rule on their decision to move. A parent may not move to avoid following an existing parenting plan. According to Connecticut General Statutes §46b-56d(a), a relocation must have a legitimate purpose and must be in the best interests of the child.
A Glastonbury relocation attorney could help a parent evaluate their reason for moving and determine if their purpose is legitimate according to legal standards. The court evaluates the reason for a move on a case-by-case basis, but some examples of legitimate purposes may include:
• A move required for a new job or promotion
• A relocation that greatly benefits the child’s education or family relationships
• A move needed for the health or medical care of the child or parent
The relocating parent has the burden of proving their reason for moving is legally legitimate. Meeting this burden may require preparing evidence, filing legal documents, and presenting a strong case at a court hearing. If a parent is unable to convince the court of their reason for moving, the relocation may not be approved.
A judge must evaluate whether relocation is in the best interests of the child. The judge may consider any relevant information, but must consider the following factors under C.G.S. §46b-56d(b):
Many times, the non-relocating parent wishes to oppose any order allowing a child to move away since long-distance moves may have the potential to change a relationship significantly. The non-relocating parent may need to stand up for their rights if the move appears to be for an inappropriate reason, such as preventing contact with the child.
A Glastonbury lawyer familiar with relocation cases could provide essential advice and advocacy for a parent opposing a relocation. Skilled legal counsel could help negotiate a beneficial visitation schedule for the non-relocating parent or fight to stop relocation from happening.
Relocations have the potential to significantly change existing custody plans, impact the life of a child, and affect parental relationships. The court carefully evaluates the best interests of the child and the reason each parent has for requesting or opposing a relocation. Therefore, you should hire a Glastonbury relocation lawyer to advocate and guide you through this process. Call today for a case consultation.