Legal Question in Family Law in Connecticut
Split Custody and Immigration
I am recently divorced. My ex and I were granted split custody of our children, he has custody of 2 children, I have custody of 2 children. My ex is also newly married and wants to move to Canada where is new wife is from. Can my ex, with the split custody agreement we have, emigrate to Canada with our daughters or do I need to give him permission to do so?
2 Answers from Attorneys
Re: Split Custody and Immigration
You would need to file an objection to your ex-wife moving out of state. The following summary of the law concerning this is from my website: A divorced parent with custody of the children may want to relocate out of state. The other parent (referred to as the non-custodial parent) may object to the move because it would reduce his or her contact with the children. If the non-custodial parent challenges the move in court, the law requires that the custodial parent prove the following: (1) The relocation is for a legitimate purpose. (2) The proposed location is reasonable in light of such purpose. (3) The relocation is in the best interests of the children. The law also requires that the divorce court consider the following factors: (1) Each parent's reasons for seeking or opposing the relocation. (2) The quality of the relationships between the child and each parent. (3) The impact of the relocation on the quantity and the quality of the child's future contact with the non-relocating parent. (4) The degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation. (5) The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements. Please call my office (860.236.9350) to set up an appointment if you would like to discuss this further.
Re: Split Custody and Immigration
Does your divorce decree contain any language with regard to relocation?