Stratford Relocation Lawyer
Relocating to a different town or state is an endeavor many individuals and families undertake. Someone may move for a better climate, to be closer to relatives, or to take advantage of better job opportunities or a promotion.
However, if you are divorced and have a child, relocating can be problematic. A custodial parent who wishes to relocate for whatever reason is not legally permitted to move when there is a parenting plan allowing the other parent shared custody or visitation.
If moving would affect your child’s relationship with the other parent, the court may get involved. If this happens, you may need to consult with a well-informed Stratford relocation lawyer to explore your legal rights and responsibilities. Work with a compassionate family lawyer that could advocate for you.
The Law and Relocation
When a custodial parent wishes to relocate with a child, the other parent must consent. If the other parent does not agree, court approval is required. The moving parent files a petition for approval to relocate, and the court determines if the move would substantially affect the parenting plan and subsequently either approves or denies the petition.
Sometimes a parenting plan will be unaffected by a relocation, such as when a parent moves to a neighboring town. In a situation where both parents live near each other and one parent decides to move across the country, though, the parenting plan might be considerably impacted.
Legitimate Reasons for Relocation
As part of the process of examining a proposed relocation, the court will examine whether the relocation is for a genuine purpose. Some reasons that might be considered legitimate are to move closer to family or for better employment. Regardless of the specific rationale, the family court judge will work to determine whether they are genuine or merely designed to deprive the other parent from time with their child.
The proposed relocation must also be reasonable and sensible considering the purpose for the move. If the move substantially affects the existing parenting plan, the relocating parent must prove to the court that the move is in the best interests of the child.
The Best Interests Standard
A relocating parent with physical custody also has the responsibility to prove that the move will benefit their child. Some of the factors the court may consider are:
- The quality of the relationship between the child and parents, as well as whether the child has a deep connection with the non-relocating parent (which may make the court disinclined to allow the move)
- Impact on the future relationship between the child and the non-relocating parent, including whether the current visitation schedule will be reduced or eliminated due to distance.
- How much the child’s and parent’s life would be enhanced by the move, such as if relocating would provide better education and support systems for the child, whether the parent could better provide for the child through increased wages, or whether the new job would mean increased work hours and less time spent with the child
- Feasibility of alternative visitation arrangements to preserve the quality of the relationship with the non-relocating parent, as well as the difficulty or ease for visitation and communication between the non-relocating parent and child
A qualified Stratford relocation lawyer could help an individual prove that the move will benefit their child.
Contacting a Committed Stratford Relocation Attorney
It may be important for you to consult an experienced Stratford relocation lawyer who could explain the law and help you with your relocation issues. A local attorney could assist you if you are the parent who is relocating or if you seek to prevent a move by the other parent. Call today for an appointment.