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Relocation with the children after divorce

| Jul 10, 2020 | Divorce & High Asset Divorce |

After a Connecticut divorce, one parent will often try to move out of the state with the children. For whatever reason, that parent feels that there are better opportunities elsewhere. However, the court will ultimately decide whether the move is in the best interests of the children before it allows the move to proceed.

One parent cannot simply decide on their own to move the children. There is usually a custody agreement that gives both parents the right to see the children. This agreement must be modified to accommodate the move, and that is where the issue will end up in front of the judge. The two parents can agree to a modification allowing the move. However, in many cases, relocation becomes a contested issue in family court.

The parent seeking to move must notify the other parent before the move. According to Connecticut law, the parent must then obtain permission. If the other parent withholds their consent, the moving parent must take the matter to court to have the judge hear the case. The burden will be on the relocating parent to show the court why the move is in the best interests of the children. There are some circumstances that can better a parent’s life that the court ultimately find satisfy the best interests test. This can include being close to family that can help with childcare.

Relocation and marital property division are two of the many areas where a divorce attorney could help their client. Family law court is not always an easy place for a parent to navigate on their own. The attorney might help their client with both legal strategy as well as filing the necessary motions with the court. This could make it easier for their client to get their point of view in front of the judge.