Court Permits Mother to Relocate from Connecticut to New York City with the Parties’ Minor Child

In a decision rendered in the Superior Court of Hartford, a mother was permitted to relocate with the parties’ minor child from New Haven, Connecticut to New York City.  This particular case involved an unmarried couple that had been living apart for several years.  The father was employed by the State of Connecticut in the IT field, and the mother was a part-time research associate at Yale.  The mother had earned several advanced degrees, including two master’s degrees and a Ph.D.  In early 2010, the mother applied for a full time position in New York City.

The Best Interests of the Child

In determining whether the move was in the child’s best interests, the court concluded that the mother had been the child’s primary caregiver for most of her life, and that she had a legitimate employment offer in New York City.  The court found that the new opportunity was commensurate with the mother’s advanced degrees and would enable her to financially support and care for the child.

The court further found that the mother was not acting in “bad faith” in pursuing the opportunity, that the mother was engaged to a man that lived and worked in close proximity to where she would be living, and that the mother’s extended family lived close by and would be able to support the mother and the child.

The Court’s Decision

Although the court noted that the move would make visitation more difficult for the father, it found that leaving the child in Connecticut away from her primary caregiver, who did not have an employment opportunity in Connecticut commensurate with her advanced education, was not in the child’s best interests.  The court also observed that the mother’s fiancé worked in the hedge fund industry, had no criminal history and was respectful of the mother’s role in her daughter’s life.

The court also noted that the mother was willing to facilitate and encourage a relationship between the child and the father whereas the father questioned the mother’s parenting decisions without being able to give a persuasive example of poor parenting on the mother’s part.

By: Michael D. DeMeola, Esq.

Should you have any questions regarding relocation, or custody actions in general, please feel free to contact Attorney Joseph Maya  He can be reached at (203) 221-3100 or by e-mail at jmaya@mayalaw.com.

Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.