Posts tagged with "best interests"

Court Considers Economy in Relocation Case

When a custodial parent would like to relocate, and that relocation would have a significant impact on an existing parenting plan, the moving party must show that the relocation is for a legitimate purpose, the proposed location is reasonable in light of that purpose, and the relocation is in the best interests of the child(ren). C.G.S. Sec. 46b-56d(a). Further, the court should consider, but is not limited to, the following factors: a) each parent’s reasons for seeking or opposing the move; b) the quality of the relationship between the child and the custodial and noncustodial parents; c) the impact of the move on the quantity and quality of the child’s future contact with the noncustodial parent; d) the degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally and educationally by the move; and e) the feasibility of preserving the relationship between the noncustodial parent and child  through suitable visitation arrangements. C.G.S. Sec. 46b-56d(a).

In light of the current state of our economy, it appears as though judges may be assigning greater weight to parties’ economic circumstances, recognizing that it is becoming increasingly  necessary for parties to move considerable distances to obtain (or retain) employment.  Just recently, the Superior Court of New Haven (Gould, J.) permitted a mother to relocate with the parties’ three minor children from Connecticut to Pennsylvania on the basis that, among other things, the move would allow her to transition back into the work force, which the mother claimed would be necessary for her to adequately support her children, and herself.

After considering the statutory criteria set forth above, the Court explained,  “Our society is an increasingly mobile one.  Largely because of the instability and unpredictability of the employment market . . . repeated, separate moves by each parent are coming to represent the norm.” (internal quotations omitted)  J. Wallerstein & T. Tanke [‘To Move or Not to Move: Psychological and Legal Considerations in the Relocation of Children Following Divorce,’ 30 Fam. L.Q. 305, 310 (1996)].   The Court continued, “Our family law should recognize that reality. Therefore, to serve the best interests of a child in a single-parent family unit, the custodial parent should be permitted to pursue, within reasonable limits, opportunities that could lead to a better life for the parent as well as the child.” (internal citations omitted).

Should you have any questions regarding this posting, please feel free to contact Maya Murphy, P.C. at JMaya@mayalaw.com or by telephone at (203) 221-3100.

Court Permits Transfer of Guardianship to Out-Of-State Aunt

In a decision involving the Department of Children and Families, a Connecticut trial court granted a maternal aunt’s motions for out-of-state placement and transfer of guardianship.  The children were originally removed from the mother’s care pursuant to an Order of Temporary Custody upon allegations that they were being denied proper care and attention, and were living under conditions injurious to their wellbeing.  After the children were committed to the care of DCF and placed in a foster residence, their maternal aunt, who lived in New York, filed a motion to intervene in the proceedings to obtain guardianship.

In granting the aunt’s motions, the Court explained that pursuant to Connecticut General Statutes § 46b-129(j), if a court determines that commitment should be revoked and the child’s guardianship should vest in someone other than his or her parents, or if parental rights are terminated at any time, there shall be a rebuttable presumption that an award of legal guardianship or adoption to a relative who is licensed as a foster parent shall be in the best interests of the child.   That presumption may be rebutted only by a preponderance of the evidence that such an award would not be in the child’s best interests and that such relative is not a suitable and worthy caregiver. In Re Noella A., Superior Court, Judicial District of New London, Docket No. K09CP09011902A (March 24, 2011, Mack, JTR).

Employing the aforementioned standard, the Court found that although the children had progressed well in foster care, there was no showing that the same progress could not be made if they lived with the maternal aunt.  The Court also found that in living with the aunt, the children would be with their cousins in an equally secure, safe, caring, and nurturing environment. The Court further explained that even though the children established a bond with their foster parents, there was nothing to suggest they could not do so with their extended family. Ultimately modifying the permanency plan from termination of parental rights and adoption to transfer of guardianship, the Court stated it could not find that placement with the aunt would not be in the children’s best interests.

If you have questions regarding guardianship proceedings or any family law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
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