How do Connecticut courts handle relocation with children?

Life is full of changes, and sometimes a new job, a new relationship, or the need for family support means considering a move. When you share a child with a former partner, however, moving isn't as simple as packing boxes. If you have a Connecticut custody order, relocating with your children is a significant legal process that requires careful planning and, in most cases, court approval.

The short answer is that Connecticut courts handle the relocation of children by putting the child's best interests first. A parent wishing to move must prove to a judge that the move is for a legitimate reason, the new location is reasonable, and the relocation is truly in the child's best interest. This process is governed by a specific state law that sets a high bar to ensure a child’s relationship with both parents is protected, even across distances.

Navigating the rules for the relocation of children in Connecticut can feel overwhelming, but understanding the law is the first step. This guide will walk you through the legal standards, the court process, and the key factors a judge will consider when deciding whether to allow a parent to move with their child.

Understanding the Legal Foundation of Relocation in Connecticut

When parents with a custody order live in different homes, they follow a parenting plan that details when the child spends time with each parent. A significant move can make that plan impossible to follow. This is why Connecticut has specific laws for parental relocation.

The primary law governing this issue is Connecticut General Statutes § 46b-56d. This statute applies in any situation "involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan."

What does "significant impact" mean? While there's no exact mileage, it generally refers to any move that would make the current parenting schedule difficult or impossible to maintain. A move from Hartford to a neighboring town like West Hartford might not have a significant impact. However, a move from Hartford to Stamford, or from Connecticut to another state, almost certainly would.

It's crucial to understand that this law applies after a judge has already issued a final custody order in your divorce or custody case. If your case is still pending, the Automatic Orders that go into effect at the start of a case prevent either parent from permanently removing the child from Connecticut without the other parent's written agreement or a court order (Practice Book § 25-5(a)(1)).

Connecticut's Relocation Law: The Three-Part Test

When one parent wants to move and the other objects, the case goes before a judge. Under C.G.S. § 46b-56d, the parent who wants to relocate has the "burden of proving" their case. This means they are responsible for convincing the judge, by a "preponderance of the evidence" (meaning it's more likely than not), that the move should be allowed.

To do this, the relocating parent must prove three distinct things.

1. The Move is for a Legitimate Purpose

First, the court needs to know why you want to move. The law requires the parent to prove that "the relocation is for a legitimate purpose" (C.G.S. § 46b-56d(a)(1)).

A legitimate purpose is a genuine, well-founded reason for the move that isn't intended to harm the other parent's relationship with the child. Common examples include:

A significant job opportunity or promotion.
Pursuing higher education or specialized training.
Moving to be closer to a new spouse or partner.
Needing the support of extended family (e.g., grandparents who can help with childcare).
Seeking better medical care for the parent or child.

A purpose that is not legitimate would be moving simply to create distance from the other parent or to interfere with their parenting time.

2. The Proposed Location is Reasonable

Second, the new location must make sense in light of your reason for moving. The statute says the parent must show "the proposed location is reasonable in light of such purpose" (C.G.S. § 46b-56d(a)(2)).

This connects the "why" with the "where." For example, if you have a fantastic job offer in Boston, moving to Boston is reasonable. Moving to Florida for that same Boston job would not be reasonable. The court wants to see a logical link between your stated purpose and your chosen destination.

3. The Relocation is in the Best Interests of the Child

This is the most important part of the test and the court's ultimate focus. Even if you have a great reason to move and the location is reasonable, a judge will not approve the relocation unless you can prove that "the relocation is in the best interests of the child" (C.G.S. § 46b-56d(a)(3)).

To figure this out, the judge must consider a specific list of factors outlined in the law. These factors help the court weigh the potential benefits of the move against the potential harm of disrupting the child's relationship with the non-relocating parent.

The factors the court will analyze include:

Each parent's reasons for seeking or opposing the relocation.
The quality of the relationships between the child and each parent.
The impact of the relocation on the quantity and quality of the child's future contact with the non-relocating parent.
The degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation.
The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.

The court will carefully balance all these elements to make a final decision.

The Step-by-Step Process for a Relocation Case

If you are considering a move that will impact your parenting plan, here are the steps you should expect to take.

Step 1: Talk to the Other Parent

Before heading to court, the best first step is to discuss the proposed move with your child's other parent. If you can reach an agreement, you can avoid a long and expensive court battle. A written agreement, called a stipulation, can be submitted to the court. A judge will still need to review it to ensure it's fair and in the child's best interest before making it an official court order (C.G.S. § 46b-66).

Step 2: File a Motion with the Court

If you cannot agree, the parent who wants to move must file a "Motion for Modification of Custody and Parenting Plan" or a "Motion to Relocate" with the Superior Court that handled your original custody case. This motion officially asks the judge for permission to move with the child.

Step 3: The Court Process

Once the motion is filed, the case proceeds much like other family court matters:

Service: The motion must be officially delivered (served) to the other parent.
Discovery: Both parents will have the opportunity to exchange information relevant to the move. This can include financial documents, information about the new job or school, and details about the proposed new home.
Mediation: The court may require you and the other parent to meet with a Family Relations Counselor to try and mediate a solution (Practice Book § 25-61).
Appointment of a Guardian Ad Litem (GAL) or Attorney for the Minor Child (AMC): In very contentious relocation cases, the court may appoint a neutral attorney to represent the child's best interests (C.G.S. § 46b-54). This person will investigate the situation, speak with both parents and the child, and make a recommendation to the judge.
The Hearing: If you still can't agree, a judge will hold a formal hearing. Both parents will present evidence and testimony to support their side. This is where you must prove the three parts of the relocation test. The judge will listen to both sides and then make a final decision.

Step 4: The Judge's Decision

The judge will issue a court order that either grants or denies the request to relocate. If the move is approved, the order will include a new, long-distance parenting plan that details a new schedule for visitation, holidays, and vacations, and often specifies how travel costs will be shared.

Frequently Asked Questions about Relocation with Children in Connecticut

1. What if my ex and I agree on the move?

If you both agree, you are in the best possible position. You should work together, ideally with the help of attorneys or a mediator, to create a detailed written agreement. This agreement should include the new parenting plan, how travel for visitation will be handled and paid for, and how you will continue to co-parent. You then file this "stipulation" with the court. A judge must still approve it to make sure it serves the child's best interests, but this is usually a straightforward process when parents are in agreement.

2. Can I move if I have sole custody?

Yes, the Connecticut relocation law applies even if you have sole legal or physical custody. The non-custodial parent still has a right to parenting time, and a significant move would impact that right. You must still go through the court process to get permission to relocate with the children.

3. What happens if I move without the court's permission?

This is a very serious mistake that can have severe consequences. If you move with your child in violation of a court order, the other parent can file a Motion for Contempt (C.G.S. § 46b-87). A judge could order you to immediately return the child to Connecticut, pay the other parent's attorney's fees, and it will severely damage your credibility with the court. It could even be grounds for the other parent to seek a change of custody, making them the primary parent.

4. At what age can my child decide where they want to live?

There is no specific age in Connecticut where a child gets to make the final decision. However, the law does allow a judge to consider "any relevant and material information obtained from the child, including the informed preferences of the child" (C.G.S. § 46b-56(c)(4)). The older and more mature the child, the more weight a judge is likely to give their opinion. But ultimately, the child's preference is just one of many factors the judge must consider.

5. Does the relocation law apply to parents who were never married?

Yes. The law applies to any parents who have a court-ordered custody and parenting plan, regardless of whether they were ever married. If you established custody and parenting time through a court case under C.G.S. § 46b-61, the relocation statute applies to you.

6. Who pays for the increased travel costs if the move is approved?

This is a key part of the "feasibility of preserving the relationship." The new court order will almost always address travel expenses. The judge can order the costs to be split between the parents in a way that is fair based on their respective incomes and financial situations. Sometimes the parent who is moving may be ordered to pay a larger share of the costs.

7. What if I only want to move to another town in Connecticut?

An in-state move can still require court permission if it has a "significant impact on an existing parenting plan." Moving from Greenwich to Stamford might not be a major issue. But moving from Greenwich to a town in the northeast corner of the state would make a mid-week dinner visit impossible and would therefore require court approval. The key is the impact on the parenting schedule, not whether you cross state lines.

Getting Help with Your Relocation Case

Cases involving the relocation of children in Connecticut are complex and emotionally charged. The outcome will have a lasting impact on your family. Because the parent seeking to move has the burden of proof, it is critical to present a well-prepared and persuasive case to the court.

Attempting to handle a contested relocation case on your own is extremely difficult. Consulting with an experienced Connecticut family law attorney is the best way to understand your rights, protect your relationship with your child, and navigate the court system effectively. An attorney can help you gather the necessary evidence, frame your arguments according to the law, and advocate for the outcome that is truly in your child's best interest.

Conclusion

Whether you are the parent hoping to move or the parent hoping to keep your child close, Connecticut's relocation laws are designed to ensure stability and protect the vital relationship a child has with both parents. The court will always return to the central question: What is in the best interests of this child? By understanding the three-part test of legitimate purpose, reasonable location, and the child's best interests, you can better prepare for the legal journey ahead and focus on a future that supports your child's happiness and well-being.