N. R. v. M. P.

Citations

• 227 Conn. App. 698

Syllabus

The plaintiff father appealed to this court from the judgment of the trial court awarding the defendant mother sole legal and physical custody of their two minor children. Held: 1. The plaintiff could not prevail on his claim that the trial court improperly awarded the defendant sole legal and physical custody of the children because it failed to consider the test set forth in the statute (§ 46b-56d) governing a parent's postjudgment relocation with a child: § 46b-56d was inapplicable to the facts of the case because it did not involve a postjudgment relocation, as the plaintiff filed an application seeking joint legal custody with a shared parenting plan, the defendant filed a cross complaint seeking sole legal custody, and, before a trial was held and a custody determination was made, the defendant relocated to South Carolina with the children, and, thus, the court was not required to perform the relocation analysis set forth in § 46b-56d; moreover, it was undisputed that the court applied the standard of the best interest of the child as set forth in the statute (§ 46b-56) governing the custody of minor children, the standard that governs a relocation issue that arises prior to the time a judgment is rendered awarding custody; furthermore, it was clear on the basis of the record and the court's factual findings, which were not challenged on appeal, that the court considered the impact of the children's relocation in its best interest analysis. 2. The plaintiff could not prevail on his claim that the trial court improperly issued orders that required him to be current with his child support obligation and to pay one half of the travel expenses for the minor children in order to receive parenting time with the children in Connecti- cut: this court concluded that the plaintiff's claim is an inaccurate recita- tion of the substance of the trial court's parenting time orders, as this In accordance with the spirit and intent of General Statutes § 46b-142 (b) and Practi