Parents may not simply decide to move with their children without giving the other parent notice or getting permission from a judge. Instead, they must follow a very complicated procedure set forth in Connecticut law to ensure their decision is based on what’s best for the child. One of the reasons a judge will deny relocation is the failure to follow this procedure. This article will discuss three factors CT courts consider when granting or denying parental relocation requests.
A parent who wants to relocate with their child must file a motion for custody modification, seeking the court’s approval. The judge will review the information in the motion and determine whether it is in the best interests of the child. Another reasons a judge will deny relocation is if the motion does not clearly demonstrate that the relocation is in the child's best interests. If the judge grants the parent moving to relocate, it will also order a new parenting plan including custody, timesharing, transportation responsibilities and costs, and any other relevant information regarding the child’s well-being. The parent who objects to the move can then file a response within five business days of receiving notice of the motion. The court will review the response and then schedule a hearing if it’s warranted.
Traditionally, a custodial parent had a presumptive right to relocate with their children. However, with the passage of Public Act No. 06-168, the Connecticut legislature amended the law to put the burden on a parent wanting to relocate with their children on showing that the move is in their best interest. This shift in burdens allows for a more fair and balanced assessment of the situation, reasons a judge will deny relocation if the relocating parent fails to meet this burden.
In addition to assessing the quality of life for both the relocating parent and the children, the court must also evaluate the feasibility of maintaining a meaningful relationship between the non-relocating parent and the children after the move. This includes considering whether the new location is a drivable distance or requires a flight, as well as evaluating the availability of alternative communication and visitation arrangements. One of the reasons a judge will deny relocation is if the move severely hinders the non-relocating parent's ability to maintain a meaningful relationship with their children.
Many courts consider job retraining as a legitimate purpose for a relocation request, but this is not the case in every state. In addition, if the non-relocating parent has a significant role in their children’s lives, it could be difficult for the court to find that the move is in their best interests. Another reasons a judge will deny relocation is if it's perceived that the primary intent is to alienate the child from the other parent.
When a court denies a request for relocation, it must do so on a number of different grounds, including the amount of timesharing that will be lost to the nonrelocating parent and the difficulty and expense of establishing alternate timesharing. It’s important for a parent who has concerns about a proposed relocation to consult with an experienced professional in advance of making any decisions that could potentially affect their rights.
In any divorce or separation case, one of the most contested issues involves child custody. Parents often want to ensure that their children’s well-being is protected in a child custody dispute, but many do not understand how a judge determines the best interests of a child. One of the reasons a judge will deny relocation is if the best interests of the child are not clearly prioritized. This article explores the key considerations and factors a judge will weigh in determining a parenting plan.
One of the most important factors a court will consider is how the child’s environment has been for the past several years. This includes evaluating the quality of each parent’s living arrangements, work schedule, and ability to meet the child’s physical needs. If a parent has provided a stable environment, the court may be more inclined to award that parent legal or physical custody. However, reasons a judge will deny relocation might also revolve around the need to maintain this stability.
Connecticut courts also evaluate each parent’s ability to nurture the child and promote a healthy relationship. This factor will look at a number of areas, including the parent’s emotional availability, communication skills, and level of involvement in community events, extracurricular activities, and school activities. If a parent has been unable to nurture or maintain a positive relationship with the child, the court may choose to award the other parent sole or partial custody. In relocation scenarios, reasons a judge will deny relocation can be centered around the potential disruption of these nurturing relationships.
A court will also look at a parent’s history of domestic violence, substance abuse, and mental health issues when making a custody decision. In cases involving domestic violence, the court will likely not award that parent any custody rights. In other cases, the court will limit that parent’s visitation time or even terminate their parental rights if they pose a risk to the child’s safety or emotional well-being. These are significant reasons a judge will deny relocation, especially if there's a history of harmful behaviors.
The age and maturity of a child are also a critical consideration. Under state law, a child must be of sufficient age to have an opinion regarding where and with whom they wish to live (a.k.a. physical or residential custody). Courts will generally consider the child’s preference if they are of sufficient age to express an informed opinion. However, judges will be careful not to allow a child’s preference to influence the judge’s final custody decision. When contemplating relocations, reasons a judge will deny relocation often include the child's expressed wishes and their best interests.
Connecticut family law judges will also carefully evaluate any attempts by either parent to manipulate the child or use them as a pawn in their custody dispute. This may include attempting to alienate the child from the other parent, manipulating the child into taking sides in the dispute, or using the child to gain leverage over the other party. This type of behavior can negatively impact the court’s final custody decision. If you would like more information on how a child’s wishes can affect custody decisions, it's recommended to consult with an experienced professional.
If you are considering relocating with your child in Connecticut, it is critical to understand the complex legal implications of this type of change. Among the reasons a judge will deny relocation, the primary focus remains on whether the proposed move is genuinely in the best interest of the child. Relocation laws differ depending on whether you are in the process of a divorce or separation, and also differ between sole and joint custody arrangements.
According to Connecticut law, a parent may relocate with the children only if the move does not interfere with existing court-ordered parenting time or visitation. A court must evaluate each case on its own unique circumstances, and the best interests of the child. There are many factors that a judge must consider when making this determination, and reasons a judge will deny relocation can span a variety of concerns.
For example, a trial judge will consider the quality of each parent’s relationship with the children. One of the reasons a judge will deny relocation is if this bond is threatened. A judge will also look at the current living situation, and whether the move would require changing schools, if the children would have to leave their friends behind, and what impact it might have on the amount of time they spend with each parent. The court will also weigh in the current economic situation of the parent seeking the relocation, such as a better opportunity for employment or proximity to extended family.
When evaluating the overall well-being of the child, reasons a judge will deny relocation often revolve around potential disruptions to their life. The trial judge found that even though there were certain benefits associated with the move, the negatives outweighed the positives in this context.
However, the court determined that it was not in the child’s best interest to leave her friends and familiar surroundings. This factor often plays a pivotal role as reasons a judge will deny relocation. The judge did not find that the new school or location would provide substantial emotional or social benefits.
The trial judge also considered whether the parent seeking relocation had a genuine motive. Consistency in parental behavior and intent can also be among the reasons a judge will deny relocation, depending on the specific circumstances.
While there are myriad reasons and scenarios, it's important to consult with professionals who can provide guidance tailored to individual cases. Advocacy groups and legal professionals in Connecticut work tirelessly to ensure that the best interests of the child remain the top priority in every decision.
McConnell Family Law Group
500 West Putnam Avenue, Greenwich, CT 06830, United States
(203) 541-5520