September 20, 2022
May a Divorced Parent Move with the Child?
Relocation situations are emotionally charged, especially when both parents are committed, active, and share a close relationship with their child. While the law is clear, applying it to a particular family can be challenging. Here is a recent example.
The 2017 divorce judgment designated the then four-year old child’s primary residence to be with Mom. Monday through Thursday each week, four weeks in the summer and half of all school holidays and vacations were with Mom, and the rest of the time, nearly half, was with Dad. Mom and Dad lived in adjacent towns. They co-parented well until 2020, when Mom relocated forty miles away with the child and his teenage brother to be with her new husband. Mom filed a motion in court asking to change the arrangement so that the child would be with her every Sunday evening to Friday and alternating weekends.
Dad’s defense was undisputed and compelling. His job, family, newly purchased home and girlfriend were in his local area as were most of the child’s school and health care contacts. He showed he had and could continue providing good care for his son and that his time would be greatly reduced by the move. He hadn’t done anything wrong while Mom’s move was voluntary. The judge acknowledged that both parents were “caring, loving and devoted to the child.”
Mom’s request was granted. She demonstrated to the judge’s satisfaction that the move was for a legitimate purpose, the first statutory factor, and that the proposed location was reasonable, the second, since her future husband was required to live in the town where he works. The judge found the move was in the child’s best interests, the third statutory factor, primarily because it would maintain the continuity of living with his mother, who the court determined was his primary caregiver, brother and pets. To preserve and possibly strengthen what the court called the “strong relationship between the child and his father” even though Dad lost the weekday times, Dad was awarded three out of four weekends.
This was, as are many relocation cases, a hard one and any decision would have disappointed at least one parent. An experienced lawyer can help assess your situation, whether you are the parent wishing to relocate or the other, and if appropriate, present the strongest case or defense available.
This article was first published in the September 1, 2022 edition of The Cheshire Citizen.
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