Regan v. Regan
A court can find that relocation to another state is in the best interests of a minor child. On remand from the Connecticut Appellate Court, the trial court considered the wife's motion to relocate to Massachusetts. The parties divorced in December 2004, after three years of marriage. The plaintiff husband, who objects to the wife's motion to relocate, lost his job at CMR, where he once earned $100,000 gross per year, and his residence is in foreclosure. The husband currently works evenings and weekends in a bar, where he serves alcohol. The court did not credit the husband's claim that he also has a "consulting" job. Evidence indicated that the husband has not been paid, and he has not been permitted on the premises. The husband is not able to provide financially for the minor child at this time. When the minor child visits the husband in Connecticut, the minor child has spent time with his father at the bar and has had little interaction with individuals his own age. In the past, the husband handled the minor child's sports education "extremely well." The husband failed to articulate why remaining in Connecticut is in the best interests of the minor child, except that the father has genuine affection for him. The defendant mother re-married in 2009 and had two children with her new husband, who works at a highly respected financial firm in Massachusetts. The minor child, 11, indicated that he would like to relocate with the mother to Massachusetts. The court found that relocation was in the best interests of the minor child. The court awarded joint legal custody and granted the defendant wife permission to relocate to Massachusetts with the 11-year-old child. The court ordered the parties to consult with each other about health, education and welfare of the minor child. The court awarded the wife final decision making in matters of education. The court awarded the plaintiff husband visitation on alternate weekends, from Friday afternoon to Sunday. The court ordered the parties to divide equally the guardian ad litem's fees of $105,927, which are fair and reasonable.