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New Haven Relocation Lawyer

Child relocation raises significant issues in divorce or child custody proceedings. When a custodial parent wants to relocate with a child, the non-custodial parent must give consent. If the non-custodial does not consent, then judicial intervention is required and the custodial parent is barred from moving with the child until a judge makes a decision.

Child relocation cases are often stressful and contentious, as moving a child away from the non-custodial parent adds a burden to a relationship where there is already limited time spent fostering the parent-child bond. If you are a parent who wants to relocate or if you are a parent objecting to a relocation, you should contact an experienced New Haven relocation lawyer.

Skilled family law attorneys could advise parents on these complex, and sometimes confusing, custody and relocation issues. Experienced lawyers understand that no parent wants to sacrifice their family, and our primary goal is to protect the rights of the parent.

What are the Laws on Child Relocation in New Haven?

In the past, a custodial parent was able to relocate with a child without permission from the court, unless a custody order required a parent to receive permission from the other parent. If a parent wanted to prevent a move, they would have to request judicial intervention.

However, all of that changed with the passage of Public Act 06-168 . Now,  as a New Haven relocation lawyer might explain, parents must be able to meet the following elements of a three-pronged test before they are permitted to move a child out-of-state if the other parent objects to the move:

  • The move must be for a legitimate purpose: The court must evaluate whether the move is for a legitimate purpose, such as to be closer to family or a better job opportunity, as opposed to depriving child time with the other parent.
  • The Relocation is Reasonable Given the Purpose of the Move: The court must evaluate that the location of the move is reasonably aligned with the reason for the move.
  • The Relocation is in the Best Interest of the Child: This is the standard that the court uses when making determinations in removal cases. So even if the move will be a great benefit to the parent, it maybe be approved by a judge if the move only benefits the parent.

The Best Interest of the Child Standard

In following the Connecticut General Statute Section 46b-56d(b), the court must determine whether a move is in the best interest of the child before making a final decision on whether the move should be approved. The court will take into account several factors, some of which include the following:

  • The reason the relocating parent is requesting the relocation
  • The willingness of the custodial parent to preserve the relationship with the other parent
  • The quality of the relationship between both parents
  • How the move with impact the child’s education, emotional well-being, and economic benefits
  • The feasibility of maintaining a relationship with the other parent

Reaching Out to a New Haven Relocation Attorney

The issues involved in a child relocation case can complex and sometimes very sensitive. No parent wants to put hundreds of miles of distance between themselves and their child, and no parent wants to potentially sacrifice a move that might be in their child’s best interest. It is important to know what your options are when these issues arise.

If you are currently facing a child relocation issue reach out to a New Haven relocation lawyer. An attorney could offer you expert advice and peace of mind during this stressful time. Do not hesitate to schedule a no-obligation consultation today.