Relocation or moving away to a new home can make child custody arrangements tricky. In Connecticut, both parents have the right to a relationship with their children, whether they’re married or not. When one parent moves, it can be hard to maintain that shared parenting. So, Connecticut has laws to protect children’s best interests. If you’re a parent with custody and need to move with your child, here’s what you should know.
What Connecticut considers “relocation” (And requires a motion)
In Connecticut, not just any move counts as “relocation.” The law defines it as a move that would affect the current parenting plan. While there’s no specific mileage limit in state law, courts usually consider a move “relocation” if:
- The move is to a different state.
- The move is more than 50 miles away within Connecticut.
- The move significantly impacts the other parent’s ability to keep their current parenting schedule.
This means simply moving a short distance or to a nearby neighborhood usually wouldn’t require a motion. However, even what someone would consider a “short” move could be viewed by the court as relocation if it really changes the current custody arrangement. For example, a 20-mile move that changes school districts or makes weekday visits difficult for the other parent might need court approval.
Filing a motion to relocate with your child
If you’re planning to move with your child, you must file a motion with the court asking for permission to relocate. This isn’t just a formality—it’s a legal requirement. The court will look at several things to decide if the move is best for your child, including:
- The reasons for the proposed relocation
- The quality of the relationships between your child and both parents
- How the move would affect how much and how well your child can spend time with the non-relocating parent
- Whether the move would improve your and your child’s lives financially, emotionally and educationally
In filing this motion, you must provide detailed information about your proposed relocation and notify the non-relocating parent well in advance, typically at least 90 days before the planned move. The court will likely schedule a hearing where both parents can present their cases.
As the parent requesting relocation, you have to prove that the move is in your child’s best interest. The other parent can choose to agree to the relocation or object to it. If they object, they have the right to present their own evidence and arguments at the court hearing as to why the move should not be allowed.
Protect custody rights
Remember, even if you have primary custody, you can’t just move away with your child without going through this legal process. Doing so could have serious legal consequences and might even affect your custody rights.