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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How are child support obligations determined?In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income. To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
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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.
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Who is entitled to custody of the children in a divorce case?The court may assign custody of a child to either parent, jointly to both parents, or in very rare situations, to a third party, depending on the facts of the case and the best interests of the child.
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What is the difference between a divorce and a legal separation?Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common.
