Divorce relocation in Connecticut
In this post we will discuss the factors used to allow or deny a parental relocation during a Connecticut divorce case. We will cover the Best Interest of the Child Standard, and the burden of proof rule when there is a parenting plan already in place. Lastly, we will let you know where to find help from a Connecticut child custody lawyer.
Parents going through a divorce will often have different preferences of where to raise their children. Connecticut has established specific guidelines concerning the relocation of minor children. Parents should be aware of these guidelines if they or their spouse wish to move to a different town or state with a minor child.
If there is no existing parenting plan, the Courts will use the best interests of the child standard.
If there is no existing court ordered parenting plan, the court will use the best interests of the child standard in weighing a proposed relocation. The standard has seventeen (17) total factors and is found in Connecticut General Statute § 46b-56.
Often, a parent seeking relocation has former ties with the state they are moving to. These existing ties with the other state could be a factor in favor of relocation, but none of the seventeen (17) factors are dispositive.
For example: party A and party B have a child in state X, which also happens to be the home state of party A’s parents. The couple then moved to Connecticut. In a divorce action, the court may use party A’s ties to state X in deciding whether to accept the relocation. But party B will still be able to use the seventeen (17) factors in arguing against relocation.
If there is an existing parenting plan, then the party attempting the relocation has the burden of proof.
The situation is different when there is an existing parenting plan in place. When this is the case, the burden of proof will shift onto the spouse seeking relocation. The relocating spouse must prove three things:
- The proposed relocation is for a legitimate purpose;
- the relocation is reasonable in light of that purpose; and
- the relocation is in the best interests of the child.
For example: party A and party B divorced in Connecticut, and the court issued a parenting plan giving joint shared custody between the two parents of their minor child. If party A then seeks to relocate across the state with the child, they will need to prove by a preponderance of the evidence that there is a legitimate purpose behind the relocation, and that the relocation is reasonable with that purpose in mind. Party A will also have the burden of proving that the relocation across state would be in the best interests of the child.
Thus, the timing of the proposal is important.
In conclusion, the timing of a proposed relocation will affect which evidentiary standard is used by the court. In either scenario, however, the best interests of the child will come into play.
Before a parent decides to relocate from Connecticut to another state, or to relocate to the far end of Connecticut with their minor child, they should consult an experienced family law attorney like Lori Bartinik, Esq. to guarantee the best advocacy.
At The Bartinik Law Firm LLC, our attorneys are here to fight for you at every step of the way on your most pressing family law matters. Call us at 860-445-8521.