Relocating after Divorce

When one parent wishes to move a significant distance away with their child, it can create a highly contentious situation. In Connecticut, relocation cases will arise after a custody order has been established. When one parent wants to move and the relocation will significantly impact the existing parenting plan, the Court must evaluate whether the move is in the best interests of the child.

Connecticut’s relocation laws are governed by Connecticut General Statutes § 46b-56d, which outlines the legal process for relocating with a child when the move will impact the  parenting arrangement. Understanding the statute and how the Courts apply it is crucial for any parent considering relocation or opposing a proposed move.

When is Court Approval Required for Relocation?

If both parents can agree to the relocation, they can submit a modified parenting plan to the court for approval.  However, if there is no agreement, a parent must seek Court approval to relocate with a child if the move would substantially impact the other parent’s ability to exercise their parenting time. If the parents have a substantially shared parenting plan, or a plan with frequent exchanges, even moves of short distances can have a significant impact on a parenting plan.

The Legal Standard: Best Interests of the Child

The central question in any relocation case is whether the move is in the best interests of the child. The parent seeking to relocate must demonstrate that:

• The relocation is for a legitimate purpose: Why is one parent seeking to move?  Is it for a new job, better educational prospects, remarriage, better economic circumstances, or the need to be closer to family support?  Are they just trying to interfere in the child’s relationship with the other parent?  These are things a Court will look at in determining whether the move is for a legitimate purpose.  
• The proposed relocation is reasonable in light of that purpose: The court will evaluate whether the move makes sense based on the legitimate purpose. 
• The relocation is in the best interests of the child: Ultimately, the relocating parent must convince the Court that the child’s proposed move with the relocating parent is better for the child than their current circumstances, or in some instances, better than the relocating parent moving away without the child. This involves balancing the child’s relationship with both parents and the potential impact on their emotional and social development.

Factors the Court Considers in Relocation Cases

When determining whether relocation is in the child’s best interests, Connecticut Courts are required to consider several factors:

• Each parent’s current relationship with the child
• Impact on visitation or parenting time
• Each parent’s reasons for seeking or opposing the relocation
• Enhancements to the child’s life
• The feasibility of modifying the parenting plan: 

Speak to an Attorney

Relocation cases can be emotionally charged, legally complex, and highly fact specific. Whether you are a parent seeking to move with your child or a parent opposing the move, having an experienced family law attorney is essential to protect your rights and your child’s best interests. Understanding Connecticut’s statutory and case law, and the court’s decision-making process, is key to navigating these cases successfully.

Contact me today for a consultation if you are dealing with a relocation issue or any other family law matter. I will provide the guidance and representation you need to achieve the best possible outcome for you and your child.