Westport Child Relocation Attorneys
Representing Parents in Fairfield County, CT
Child relocation is a complex area of family law that can arise after custody arrangements have been established. For Connecticut parents, the issue often occurs when one parent needs to move to another city, state, or country for various reasons, such as employment opportunities, remarriage, or improving their quality of life.
These situations can be emotionally charged and require careful consideration of both the parents’ circumstances and the child's best interests. When relocation significantly impacts custody or visitation arrangements, seeking legal guidance to address these challenges effectively is vital.
At Ferro, Battey & Eucalitto, LLC, we represent parents in this matter; our deep understanding of Connecticut family law allows us to skillfully anticipate how courts view these cases, giving you the confidence and help needed to face this challenging situation.
Consult a Westport child relocation lawyer at Ferro, Battey & Eucalitto, LLC by calling (475) 264-4362 or emailing us on our contact form. Our service areas include Darien, Norwalk, Wilton, and New Canaan.
The Process for Pursuing Child Relocation
If a parent is considering relocation, he or she should first consult the prior custody orders to determine what steps should be taken. If a parent with physical custody of a child wishes to relocate, he or she must seek permission either from the other parent or the court. It is essential to begin by notifying the other parent of the intent to move, allowing him or her the opportunity to agree or object. If the non-relocating parent consents to the move, a formalized custody order modification can resolve the process amicably.
If the other parent objects, the relocating parent must file a motion with the court to request relocation. Once the motion is filed, the court will schedule a hearing to determine whether the relocation is in the child's best interests. Retaining experienced legal counsel during this phase is critical, as the process involves presenting compelling evidence and navigating complex legal procedures.
Proving Relocation Is in the Child’s Best Interests
To win a Connecticut child relocation case, the relocating parent bears the burden of proving that the move is in the child’s best interests. Courts evaluate numerous factors to make this determination. These factors include:
- The reasons for the proposed relocation, such as remarriage, job opportunities, or proximity to extended family.
- The potential benefits of the move for the child, like access to better education, healthcare, or a more stable environment.
- The impact of the relocation on the child’s relationship with the non-relocating parent and their extended family.
- The feasibility of maintaining a meaningful relationship between the child and the non-relocating parent, such as whether reasonable visitation arrangements can be established.
- The child’s preferences, depending on their age and maturity.
Each case is highly fact-specific, making it essential for the relocating parent to present evidence and a relocation plan demonstrating careful consideration of the child’s well-being.
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“I had a fairly complex case which involved adultery. Janet & Olivia were able to dissect the issue in a stepwise, logical manner, delivering ample rewards during the actual trial.”- Former Client
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“I know Ferro Family Law provided me the very best outcome I could hope for. Since then, I have retained them to represent me in some post judgment actions.”- Former Client
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“From the first time I met Janet & Olivia, through the end of my case, I knew I was in great hands. I cannot thank Ferro Family Law enough.”- Former Client
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“Aggressive, compassionate, cost-effective. I regularly refer Janet & Olivia to some of my most sensitive divorce cases. They are results-focused and responsive.”- Attorney Referral
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“This compassionate group of knowledgeable attorneys helped me and my children. I have and will continue to refer this firm to anyone in need of counsel for divorce.”- Former Client
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“Not only did Janet & Olivia quickly help me secure all protections for my daughter, they also ingeniously found a way to impel my spouse to get proper treatment.”- Former Client
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“Janet & Olivia genuinely care about all aspects of the client’s case and pay close attention to the client’s concerns, goals, and finances.”- Former Client
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“I have worked on several matters with Janet and Olivia. They are amazing attorneys. Smart, thorough and practical.”- Former Client
Have Questions?
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What is joint custody?
There are two types of joint custody: joint legal custody and joint physical custody. Legal custody concerns the parents’ ability to make major decisions for their children. Major decisions include health, education, and religious decisions. If parents have joint legal custody, the parents are required to agree on all major decisions for their children.
Physical custody addresses when the children are with each parent. If the parents have joint physical custody, each parent spends time with the children. In some cases, parents may have shared physical custody, which means the children spend approximately half the time with each parent.
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Does Connecticut have no-fault divorce?Connecticut has no-fault divorce, meaning that neither party needs to establish that the other is at fault to get divorced. Instead, to get divorced, one party must show that the marriage has irretrievably broken down with no hope of reconciliation. However, no-fault divorce does not mean that the fault of one or both parties is irrelevant. The court may still consider fault when making awards of alimony or dividing property.
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How can a divorce lawyer help?Having a divorce lawyer will help to make the divorce process less confusing and overwhelming. A divorce lawyer will be able to advise you on the law and realistic outcomes for settling your case or at trial. In addition, a divorce lawyer will manage the case, including dealing with the other side, and advocating for your positions.
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What are the grounds for a “fault” divorce?
The fault grounds for divorce include adultery, fraudulent contract, desertion, alcohol or drug addiction, intolerable cruelty, imprisonment, and others. To get divorced, one party must establish one of these grounds. It is uncommon for one party to ask for a divorce on a fault-based ground.
A party does not need to file for divorce on a fault-based ground, however, to argue that the court should consider the other party’s fault. The court may consider the fault of either party when making alimony and property division orders.
