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29 South Main Street, Suite 311 N, West Hartford, Connecticut 06107

Hartford Child Relocation Lawyer Helps Protect the Child’s Best Interests

Moving out of state after a divorce

At Carlo Forzani LLC, we represent clients facing complex family law and child custody disputes, such as those that involve the relocation of the custodial parent. A primary custodial parent wishing to relocate out of state — for whatever reason — is not legally allowed to just pack up and move when a parenting plan is in place that includes joint custody or scheduled visitation with the noncustodial parent. Instead, he or she must obtain court approval, via either relocation by agreement or a petition to relocate.

Relocation by agreement

When a parental relocation with a child is within a distance that does not interfere with the existing custody arrangement or visitation rights, or if the noncustodial parent is otherwise supportive of the decision to relocate with the child and willing to work cooperatively toward a new plan, few obstacles exist to relocating. Providing comprehensive relocation attorney services, we can help these types of couples obtain court approval to make the necessary post divorce modifications based on relocation by agreement.

Petition to relocate

When both parents do not agree about a relocation that would interfere with the current arrangement or marital agreement, a child custody lawyer from our firm can help you file a petition for approval to relocate. The relocating parent must prove the following in order to be granted approval:

  • That the relocation is for a specific and legitimate purpose (i.e., the custodial parent taking a new job that would in turn increase the child’s overall standard of living, moving into a school district with better educational options for a special needs child, etc.)
  • That the new location proposed is reasonable in terms of fulfilling this purpose
  • That relocating is ultimately in the child’s best interests

The court will then consider a number of factors in determining whether or not the proposed parental relocation is appropriate. These factors include the following:

  • The reasons for relocating (or opposing the relocation)
  • The quality of the child’s relationship with each of his or her parents
  • The impact the relocation will have on the child’s relationship with the non-relocating parent
  • The economic, emotional and education opportunities the child will have as a result of the relocation
  • The potential for the child to maintain a meaningful relationship with his or her non-relocating parent through a new visitation arrangement

Ultimately, if the court believes the child’s best interests will be met by relocating and that no significant damage to his or her relationship with the non-relocating parent will result, the petition to relocate will be approved.

Consult a child relocation lawyer if you’re planning to move out of Connecticut after a divorce

At Carlo Forzani LLC, our Hartford relocation lawyers understand how to resolve parental disputes that arise when one parent wishes to move a child out of state. To learn more about how we can help facilitate a solution, call us today at 860-841-5808 or contact our law firm online.