Relocating With Children After Divorce: What Are Your Rights in Connecticut?
Relocating after a divorce can be a complex legal issue, especially when children are involved. Connecticut law focuses on the best interests of the child, meaning that a parent seeking to move must demonstrate that the relocation is justified and does not negatively impact the child’s relationship with the other parent. Understanding your rights and obligations is critical before making any decisions about moving with your child.
At Darius Law Group, LLC, our Connecticut divorce attorneys can help you with preparing for a potential move. If you want to move and this will impact your children, it is important to do it correctly through the legal process. We can help.
Connecticut Child Relocation Laws
In Connecticut, a parent cannot relocate with a child if the move significantly impacts an existing custody arrangement unless they obtain either the other parent’s consent or court approval. The law recognizes that relocation can affect a child’s stability and relationship with both parents, so courts carefully evaluate whether the move is appropriate.
Under Connecticut General Statutes § 46b-56d, the relocating parent must prove:
- The relocation is for a legitimate purpose (e.g., employment, family support, or education).
- The proposed location is reasonable in light of that purpose.
- The relocation is in the best interests of the child.
Factors Courts Consider in Relocation Cases
When determining whether to approve a relocation request, Connecticut courts assess several factors, including:
- The child’s relationship with both parents and how the move will affect that bond.
- The reason for the relocation, ensuring it is not intended to limit the other parent’s access.
- The impact on the child’s education, social life, and overall well-being.
- The ability to maintain a meaningful relationship with the non-relocating parent, including visitation arrangements.
- The financial stability and opportunities provided by the move.
Steps to Request Relocation
If you are a custodial parent seeking to relocate, follow these steps:
- Discuss the move with the other parent and attempt to reach an agreement.
- File a petition with the court if the other parent does not consent.
- Provide evidence supporting the relocation, including job offers, family support, or educational benefits.
- Attend a court hearing, where both parents can present arguments.
- Await the judge’s decision, which will be based on the child’s best interests.
Can a Non-Custodial Parent Challenge a Relocation?
Yes, a non-custodial parent can challenge a relocation request if they believe it will negatively impact their relationship with the child. They may argue that:
- The move is not necessary or lacks a legitimate purpose.
- The relocation will harm the child’s emotional and psychological well-being.
- The proposed visitation plan is insufficient to maintain a strong parent-child bond.
If the court denies the relocation request, the custodial parent must either remain in Connecticut or seek alternative legal solutions.
Alternatives to Court Battles
To avoid lengthy legal disputes, parents can explore alternatives such as:
- Negotiating a modified custody arrangement that allows for extended visitation.
- Using mediation to reach a mutually agreeable solution.
- Creating a detailed parenting plan that ensures continued involvement from both parents.
There are many strategies you and your attorney can utilize to reduce the stress or difficulty associated with this process.
Seek Help with Relocating After a Connecticut Divorce
Relocating with children after divorce in Connecticut requires careful legal consideration. Courts prioritize the child’s best interests and require parents to justify the move with legitimate reasons. If you are considering relocation, consult a Connecticut family law attorney to ensure compliance with state laws and protect your parental rights.
Our team at Darius Law Group, LLC can help you with a relocation. Contact us today for a consultation.
