Relocation and Child Custody in Connecticut

A job offer in another state. A chance to move closer to family. A fresh start in a lower-cost area. Whatever the reason, wanting to relocate after a custody order is in place puts you squarely into one of the most heavily litigated areas of Connecticut family law.

Under C.G.S. § 46b-56d, a parent who wants to move with a child — when the move would significantly impact the existing parenting schedule — must meet a specific statutory burden of proof before the court will allow it. You cannot simply pack up and go.

The Statutory Burden of Proof

Connecticut places the burden squarely on the relocating parent. You must prove three things:

1. The move is proposed in good faith and for a legitimate purpose. Courts accept reasons like a verified employment offer, proximity to extended family who can provide childcare support, or a meaningfully lower cost of living. "I just want a change" does not qualify. Judges look for documentation — an offer letter, a lease comparison, or evidence of a family support network at the destination.

2. The relocation serves the child's best interests. This is evaluated under the same 16 statutory factors in C.G.S. § 46b-56(c) that govern all custody decisions. The court weighs the child's adjustment to their current school and community, existing relationships with both parents, and whether the move would disrupt stability.

3. The new location preserves the non-relocating parent's relationship with the child. You must present a realistic modified parenting schedule that maintains meaningful, consistent contact. A vague promise of "they can visit whenever" will not satisfy the court. Judges want specific proposals — extended summer blocks, alternating school breaks, video call schedules, and a plan for covering transportation costs.

The 90-Day Notice Requirement

A well-drafted parenting plan should include a relocation notice clause requiring the relocating parent to provide written notice to the other parent and the court at least 90 days before any proposed move. The notice must include:

• The proposed new address and school district
• The reason for the move
• A proposed modified residential schedule
• A transportation and cost-sharing plan for parenting time

If your current parenting plan does not contain a relocation clause, the court still expects reasonable advance notice. Moving without notice — or moving and then asking permission — severely damages your credibility with the judge.

What the Non-Relocating Parent Can Do

If you receive a relocation notice and oppose the move, you can file a Motion for Modification (Form JD-FM-174) asking the court to prevent or restrict the relocation. The court will schedule a hearing where both sides present evidence.

Courts evaluate several practical factors when deciding:

• Distance and logistics. A move from Hartford to New Haven creates different issues than a move from Hartford to Seattle. Interstate relocations face heavier scrutiny because they make midweek parenting time nearly impossible.
• The child's ties to the current community. School friendships, extracurricular activities, relationships with extended family, and continuity with therapists or doctors all weigh against disruption.
• The relocating parent's motivations. Judges look critically at moves that appear designed to interfere with the other parent's relationship with the child. A move to a city where the parent has no job, no family, and no plan raises red flags.
• The proposed replacement schedule. If the relocating parent presents a detailed, workable plan that preserves meaningful contact — including financial responsibility for travel — courts view the request more favorably.

How Relocation Affects Child Support

A move that changes the parenting time split can trigger a child support recalculation. If a relocation reduces the non-relocating parent's overnights below the 128-night threshold (35%) for shared physical custody, the shared custody deviation may no longer apply, potentially increasing the child support obligation.

Additionally, transportation costs for parenting time exchanges may be factored into deviation arguments. Courts have discretion to allocate travel expenses between the parents based on their relative incomes and who initiated the move.

Protecting Yourself Before a Relocation Dispute Arises

The strongest protection is building a relocation clause into your original parenting plan. Your plan should specify:

• A minimum advance notice period (90 days is standard)
• What qualifies as a "significant" move (some plans define a geographic radius, such as 50 or 100 miles)
• How transportation costs will be divided if one parent relocates
• A dispute resolution mechanism (mediation before court motions)

The Connecticut Child Custody & Parenting Plan Guide includes relocation planning worksheets and sample clause language designed specifically for Connecticut's statutory framework — helping you build these protections into your agreement from the start.

When You Need an Attorney

Relocation cases are among the most complex in Connecticut family law. If the other parent has retained counsel and you are self-represented, you are at a significant disadvantage. An attorney is particularly important when:

• The proposed move is interstate or international
• There are existing safety concerns (domestic violence history, substance abuse)
• The other parent is filing an emergency motion to prevent you from leaving
• You need to argue for or against a child support deviation related to the move

Even if you cannot afford full representation, Connecticut allows limited scope representation — hiring an attorney to handle only the relocation hearing while you manage the rest of your case. This targeted approach can cost significantly less than a full retainer while protecting your rights on the most consequential issue.

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