In the years following a divorce, many custodial parents encounter the challenge of determining whether they can relocate out of state or across the country with their minor children. This decision often involves legal considerations, especially if the non-custodial parent objects to the move. If an agreement cannot be reached between the parties, a judge may resolve the issue. The governing principles for such decisions are outlined in both state statutes and relevant case law.
Historical Perspective on Relocation Laws
Before 2006, a parent seeking to relocate with minor children, against the other parent's objections, had to demonstrate by a preponderance of the evidence that the relocation was for a legitimate purpose and reasonable in light of that purpose. If successful, the non-custodial parent then had to prove that the move would not be in the child's best interests.
Changes in Legislation
The "burden-shifting" approach established by the Supreme Court in 1998 was replaced by the Connecticut legislature in 2006 with Public Acts 2006, No. 06-168, now codified in General Statutes § 46b-56d. This statute mandates that in any proceeding concerning the relocation of a parent with a child, where such a move significantly affects an existing parenting plan, the relocating parent must prove by a preponderance of the evidence that: (1) the relocation has a legitimate purpose, (2) the proposed location is reasonable, and (3) the move is in the child's best interests.
General Statutes § 46b-56d essentially codifies the core principles of the 1998 "Ireland Rule," placing the responsibility on the party advocating for relocation to demonstrate that the move meets all the specified conditions and is in the child's best interest.
Determining a Relocation Request
Section 46b-56d(b) lists five factors that courts must evaluate when deciding on a relocation request. These factors include:
- Each parent's reasons for seeking or opposing the relocation;
- The quality of the relationships between the child and each parent;
- The impact of the relocation on the child's future contact with the non-relocating parent;
- The potential benefits for the relocating parent's and child's economic, emotional, and educational well-being; and
- The feasibility of maintaining the relationship between the non-relocating parent and the child through suitable visitation arrangements.
These are not the only factors courts may consider. Courts can evaluate additional relevant circumstances to determine whether the proposed relocation aligns with the child's best interests on a case-by-case basis.
Crucially, the analysis in General Statutes § 46b-56d applies exclusively to proposed post-judgment relocations. When a relocation is contested during a dissolution proceeding, the court treats it as an initial custody determination under General Statutes § 46b-56. Here, the focus is solely on whether the move aligns with the "best interests" of the child, following the criteria outlined above.
Contact Us
If you have any questions about child relocation in the case of divorce, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
