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The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

Call To Find Your Way Forward 203-583-8256

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What happens to the custody agreement when one parent wants to move?

On Behalf of | Mar 25, 2022 | Family Law

Under Connecticut law, a parent can relocate either with the other parent’s permission or by order from the court.

However, the court considers several factors before coming to a decision.

Three requirements of the relocating parent

When the plan to move requires significant changes to the current parental agreement, the court requires the relocating parents to prove three things:

  1. The child’s best interests remain the top priority in the custody agreement.
  2. The reason for the relocation is permissible.
  3. The location is reasonable.

This is the foundation of the analysis, but the court considers several more factors.

Factors affecting approval for relocation

The court may also consider the following questions when evaluating the argument for relocation:

  • Will the relocation create strain on the relationship between the child and the parent that is not relocating?
  • Will the relocation provide better income to support the child?
  • If the relocation is for a new job, will it allow the child to spend less time in daycare?
  • Will the relocation result in a better life for the child?
  • Has the other parent, who is not relocating, maintained regular visitation with the child presently and in the past?
  • Will it be expensive for the other parent to see the child if the court allows relocation?
  • Would the child benefit from being close to other family members?

The law seeks to prevent any disruption to the time spent between both parents and the child. For that reason, the process of presenting evidence and making a determination for necessary relocation is often cumbersome.