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Will Moving Away Effect Your Child Custody arrangement?

After a divorce, it is relatively common to seek a fresh start in a new location. Sometimes people move to be closer to friends and family, other times they are following a rewarding career opportunity. This is an appealing option for many people, but if you have children, it is important to understand the implications on your custody arrangement if you decide to move out of the state of Connecticut. If your ex agrees to the terms of the move and is willing to adjust your current parenting plan, relocating can be relatively easy. On the other hand, if your ex resists the move and argues that the children should stay where they are, things can become much more complicated.

Connecticut Child Relocation Laws

In 2006, the state of Connecticut passed a Public Act that established certain requirements for a parent who was seeking to move with a minor child and needed to adjust their child custody and parenting plan. When deciding on whether or not to allow relocation, the courts in Connecticut will review three important components:

  • If the move is in the best interests of the child.
  • If the relocation request is for a legitimate purpose, such as a career change.
  • If the relocation is necessary for the purpose given, for example, if there are similar career opportunities in your current location.

The burden of proof for each of these three points lies with the parent who is seeking permission to move with their child.

Additional Factors the Court May Consider

The child custody laws in Connecticut revolve around one primary consideration—determining what is in the best interest of the child. This means that when asked to modify a child custody arrangement to accommodate a parent who is moving away, the court will need to review a number of different factors before making a decision. These factors can include:

  • The short and long-term developmental needs of the child.
  • If and why your spouse is opposed to the move.
  • The improved educational and economic opportunities that the move will provide.
  • The impact on the relationship with the parent who is not relocating, and the viability of maintaining that relationship.
  • The relationship between the child and the parent who is requesting relocation.

These are a few of the common considerations a court will review before making a decision, but the list could extend beyond these factors. For this reason, it is a good idea to discuss your specific situation with a knowledgeable family law attorney in Connecticut.

Speak With a Skilled Family Law Attorney in Stamford, Connecticut

When you and your ex have a child custody arrangement, it is important to understand the impact a move can have on the terms of your agreement. If you are considering a move, it is advisable to speak with an experienced lawyer who understands the nuances of child custody in Connecticut. The legal team at Piazza, Simmons & Grant, LLC, have been working with clients in the Stamford, Connecticut, area for many years, and we are proud to advocate for the protection of child custody for those who are moving out of state. Call us today at (203) 348-2465 to schedule an initial consultation and learn more about your options or contact us online.

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