Best Interest Of The Child Standard In Relocation Cases

Best Interest Of The Child Standard In Relocation Cases Legal Definition

Best Interest Of The Child Standard In Relocation Cases in Connecticut

Relocation of parent with minor child. Burden of proof. Factors considered by court. (a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child (see Children Protection in Connecticut) and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child. General Statutes of Connecticut (U.S.) § 46b-56d (2013). o In making or modifying any order as provided in subsection (a) of this section, the rights and responsibilities of both parents shall be considered and the court shall enter orders accordingly that serve the best interests of the child (see Children Protection in Connecticut) and provide the child (see Children Protection in Connecticut) with the active and consistent involvement of both parents commensurate with their abilities and interests. Such orders may include, but shall not be limited to: (1) Approval of a parental responsibility plan agreed to by the parents pursuant to section 46b-56a; (2) the award of joint parental responsibility of a minor child (see Children Protection in Connecticut) to both parents, which shall include (A) provisions for residential arrangements with each parent in accordance with the needs of the child (see Children Protection in Connecticut) and the parents, and (B) provisions for consultation between the parents and for the making of major decisions regarding the child’s health, education and religious upbringing; (3) the award of sole custody to one parent with appropriate parenting time for the noncustodial parent where sole custody is in the best interests of the child; or (4) any other custody arrangements as the court may determine to be in the best interests of the child. General Statutes of Connecticut (U.S.) § 46b-56(b) (2013).

Note: Definition based in the Connecticut Judicial Branch Family Glossary