Moving out of Connecticut and away from your former spouse usually is not a major controversy unless you have minor children together. Then relocating can greatly complicate your child custody arrangement. In fact, the custody plan would likely have to change to accommodate the custodial spouse if they move far away with the kids.
A dispute over child custody relocation can be highly emotional. The custodial parent might want to pursue a promising job opportunity or romance in another state, live closer to family, or simply seek a fresh start. On the other hand, the other parent could face having to go months at a time without seeing their children. Working out a relocation disagreement requires sensitivity and the understanding from everyone involved that the children’s needs are the most important.
The relocation proceeding
In Connecticut, if a custodial parent wants to move with the children far enough away to change the existing parenting plan significantly, and the noncustodial parent objects, the two sides can negotiate to try to work out their differences. If that does not work, they may have to go before a family court judge for a relocation proceeding. This ends in a hearing where each parent (and their attorneys) make the case to allow or not allow the move. As with all child custody matters, the children’s best interests are the primary concern.
Factors that the judge will consider include:
- Each parent’s reasons for wanting or opposing the move
- The child’s relationship with each parent
- The potential impact the move would have on the quantity and quality of future contact with the non-moving parent
- How much the move would benefit the child emotionally, economically, medically and educationally
You want what is best for your kids. Working with an experienced family law attorney can help avoid unfair or damaging results.