After a Connecticut divorce, you or the other parent may want to relocate to another state for a new job, to be closer to family, or for other personal reasons. But when children are involved, moving is more complicated.
If a parent wants to move out of Connecticut with a child after divorce, they may need to follow Connecticut’s relocation rules and obtain court approval before making the move.
What Does Relocation Mean?
Relocation generally involves a parent seeking to move with a child in a way that substantially affects the child’s existing relationship with the other parent after a divorce and custody order have been finalized.
For example, moving from Connecticut to another state could significantly affect parenting time, school arrangements, transportation, and the child’s ability to maintain regular contact with both parents.
That does not mean a parent can never move. Instead, Connecticut law provides a process for addressing proposed relocations and determining whether the move is in the child’s best interests.
Do You Need the Other Parent’s Permission to Relocate?
If you and the other parent agree about the relocation, you may be able to reach an agreement and present it to the court for approval.
If the other parent objects, the issue may need to be resolved through the court, using several legal factors. The parent seeking to relocate generally must demonstrate that the proposed relocation is for a legitimate purpose and that the move is reasonable in light of that purpose. The court then considers whether the relocation is in the child’s best interests.
Because the specific legal requirements matter, a parent considering relocation should obtain legal advice from a local family lawyer before moving.
Which Factors Can the Court Consider?
The court can consider the following factors in ruling on a relocation request:
- “(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 nonrelocating 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; and
- (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.”
In other words, the court can consider the reasons for the proposed move, the impact on the child’s relationship with each parent, the child’s educational and social circumstances, and whether a workable parenting plan can be created. The list of factors is not exclusive, and other information may be important to the judge’s decision.
For example, moving several hours away may make an existing every-other-weekend schedule unrealistic. A parent may need to propose a different schedule involving longer school vacations, holidays, or other parenting time. The court’s focus is not simply on whether the parent wants to move. The impact on the child and the child’s relationship with both parents is central to the analysis.
What If You Relocate Without Permission?
Moving a child out of Connecticut unilaterally before resolving a relocation dispute can create serious legal problems.
If the other parent objects, the move could lead to court proceedings and potentially negatively affect custody or parenting-time arrangements. A parent should never assume that moving first and asking for permission later is the safest approach.
What If the Move Is Only Within Connecticut?
Not every move within Connecticut creates the same legal issue. The key is whether the proposed move substantially affects the existing custody arrangement.
A move a few minutes across town may have little impact, while a move to the opposite side of the state could significantly change transportation and parenting time.
The circumstances matter, so parents should evaluate a proposed move based on the existing custody order and parenting schedule. If you don’t yet have a custody order in place, different rules may apply, so you should seek legal advice before proceeding.
Getting Legal Help With a Connecticut Relocation
Relocation custody disputes can become difficult emotionally because they involve both a parent’s personal plans and the child’s relationship with each parent. If you are considering moving out of Connecticut with your child, or if your child’s other parent is proposing a move, talk with a Connecticut family law attorney before taking action.
Frequently Asked Questions
Can I move to another state with my child if I have primary custody?
Having primary custody does not give a parent unrestricted authority to relocate with a child. If the move substantially affects the existing parenting relationship, Connecticut’s relocation rules may apply. The safest approach is to address the proposed move with the other parent and, when necessary, the court before relocating.
What if my child’s other parent refuses to let us relocate?
If the other parent objects, the family law court may need to decide the relocation issue. The parent seeking to relocate may need to demonstrate that the move has a legitimate purpose, is reasonable, and is in the child’s best interests. The court may also consider how parenting time can be maintained after the move.
We’re Here to Help with Child Custody and Relocation Issues
You don’t have to face child custody and relocation issues alone. Attorney José Antonio Pol is committed to providing personalized attention, clear guidance, and strong advocacy for clients throughout Connecticut. Fluent in both English and Spanish, Attorney Pol can help you understand your rights and legal options in the language you’re most comfortable speaking.
Whether you need help with family law, criminal defense, landlord/tenant matters, personal injury, or another legal issue, we’re here to help. Call (203) 339-0050 or visit our website to schedule a consultation and take the first step toward protecting your rights.