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When Can You Relocate With Your Child in Connecticut?

relocate after divorce in connecticutDivorce is always hard, but there are no divorce issues more difficult than those that relate to your children. Change is an inevitable byproduct of divorce, and sometimes that change includes relocating—for work opportunities, for purposes of education, or to be near family. Whatever your reason, it’s important to know the basics when it comes to a Connecticut divorce and relocating your kids’ permanent residence. In the end, you’ll need permission from your children’s other parent—or the court—to do so.

A Change in the System

In the past in Connecticut, the parent with primary physical custody of the children could relocate at will. This changed in 2006 with An Act Concerning the Relocation of Parents Having Custody of Minor Children. The legislature implemented the law in recognition of how important it is for parents and their children to have adequate opportunities for visitation.

Your Children’s Other Parent

If you can work your proposed move out with your ex-spouse—who has a great deal invested in visiting his or her children—it’s to your advantage. With your ex’s approval, you may proceed with your move unhindered. This isn’t always possible, however, and if that’s the case, you’ll need to involve the court, which will proceed to make its determination based on what it considers to be the best interests of your children.

Your Burden

If you are considering relocating with your children, you bear the burden of establishing three conditions for the court:

  1. There is a legitimate reason for your move (for a job opportunity or to be near family, for example).
  2. In light of your reason, the proposed move is reasonable.
  3. The proposed move is in the best interests of your children.

The Court’s Decision

The court will factor in several components in the analysis of your proposed relocation:

  • Your reason for seeking the relocation and your ex’s reason for opposing it
  • The quality of each of your relationships with the children
  • How much the relocation will affect the quality and quantity of your children’s future contact with their other parent
  • How much the move is likely to enhance your lives, including economically, emotionally, and educationally
  • How likely it is that the children will be able to maintain a suitable visitation schedule with their other parent after the move—factoring in issues related to the expense of travel and time constraints

If You’re Considering Relocation, Contact an Experienced Connecticut Divorce Attorney Today

Divorce is hard, but when you face issues related to your children, it’s more difficult still. If you’re looking at relocating, but your ex isn’t in agreement, you need experienced legal counsel. The dedicated legal team at The Law Offices of Piazza, Simmons & Grant, L.L.C., in Stamford, Connecticut, is here to help. Our experienced family law attorneys have the skill, knowledge, and commitment to help you effectively present your best case in support of relocation to the court. Please contact or call us at (203) 348-2465 today.

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