Parents who divorce or separate often change their lives significantly. They may need to find better jobs. They may rely on family members for child care and other forms of practical support. They may also start new romantic relationships.
Eventually, parents who share custody may realize that they want to move or relocate. They may want to take the children with them. The other parent may cooperate, allowing for an uncontested custody modification. If the other parent does not want to permit the move, then the matter may go to court.
When do the family courts potentially allow one parent to move a significant distance with the children?
The move should benefit the children
Every state has slightly different rules regarding parental rights and responsibilities. Relocations in Connecticut are subject to several important rules. The parent proposing the move typically needs to notify the other parent at least 60 days in advance to offer them an opportunity to respond.
If there is a dispute about the appropriateness or necessity of the move, then the parent hoping to relocate bears the burden of proof in family court. In a contested parental relocation case, the moving parent must show that there is a valid reason for the move.
A new relationship, a job offer or getting closer to family could all be reasonable explanations for relocating. The parent must also convince the judge hearing the case that the move is in the best interests of the children. Access to extended family, enrollment in better schools and improved economic circumstances are all potentially beneficial for the children.
Those preparing to litigate a contested relocation case often require support preparing for court and presenting their case appropriately. Understanding what the law requires can help those navigating complex family law matters push for the best possible outcome.
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