Relocation cases are when one parent desires to move with a minor child from his or her current home to a location where such relocation would have a significant impact on an existing parenting plan. Relocation cases are some of the most challenging situations in family law because, unlike other family law matters where there is room for negotiation, there is often little opportunity for the parties to reach common ground. For example, it is difficult to compromise if one parent wants to relocate from Westport, Connecticut, to San Francisco, California. If you desire to relocate with your minor child or if you oppose such a move, working with an experienced Westport relocation lawyer is essential. Skilled legal counsel can advocate vigorously for your position and protect your parental rights throughout the process.
Broder Orland Murray & DeMattie LLC in Westport, Connecticut, offers parents experienced guidance relocation cases. Our dedicated family attorneys have successfully tried some of the most well know relocation cases in the Westport, Connecticut area, and understand the emotional nature of these situations and will strive to create workable solutions for you.
The legal standard for relocation under Connecticut law is different if your case is before judgment or after judgment. When a parent seeks to relocate with a minor child after the court enters a final divorce judgment and the move would significantly affect the parenting plan, that parent carries the burden of proof. The moving parent must prove by a preponderance of the evidence that (1) the relocation serves a legitimate purpose, (2) the proposed location reasonably aligns with that purpose, and (3) the relocation serves the child’s best interests. When evaluating the child’s best interests, the court considers multiple factors, including but not limited to the following:
These factors give the court a framework to determine whether relocating serves the child’s best interests and whether the move would unfairly disrupt the existing parent-child relationship.
As Westport child relocation lawyers, we see courts focus on whether the relocating parent can preserve the child’s relationship with the non-relocating parent. Courts often find that extended parenting schedules, increased communication, and modern technology can preserve that relationship. In James v. James, the court granted relocation after finding that modified access and modern communication could sustain a meaningful relationship. By contrast, when the non-relocating parent maintains substantial, active involvement in the child’s life, relocation becomes far more difficult. In Varian v. Varian, the court denied relocation from Westport to Boston because no visitation plan could replace the quality of the existing parenting time.
If a parent desires to relocate with a minor child before the divorce is finalized, the legal standard is the “best interest of the child.” Although the best interest factors of Connecticut General Statutes § 46b-56d(b) cited above are not mandatory, their consideration by the court may be helpful and taken as guidance in deciding relocation cases before the entry of judgment.
Our Westport child relocation lawyers bring substantive courtroom experience and will present a compelling claim in support of your position if a judge hears this matter.
Relocation cases are too important to face alone. Whether you are seeking to relocate with your child or fighting to prevent a move that could disrupt your parenting plan, you need skilled legal representation to protect your parental rights and advocate for your child’s best interests.
At Broder Orland Murray & DeMattie LLC, an experienced Westport relocation lawyer understands the emotional and legal complexities involved in these cases. We will evaluate every detail of your situation, build a strong case, and work tirelessly to achieve the best possible outcome for you and your child.
Contact us today to schedule a confidential consultation and discuss your options.