A common issue after a divorce is a former spouse wanting to relocate with their child. The parent who is not relocating may be concerned about being able to see their child. Connecticut court must approve any relocation and will only do so if it is in the best interest of the child.
The Enforcement of Parenting Plans During Relocation
When finalizing the divorce, courts make a parenting plan that details where the child will live and how much time they will spend with each parent. This parenting plan is an official court order. Courts will only adjust the parenting plan if it is in the best interest of the child. Connecticut law requires the relocating parent to prove that they have a good reason to seek relocation, the new location is reasonable, and the relocation is in the best interest of the child. The court considers these factors and the child’s relationship with the parent who is not relocating. The court expects the relocating parent to maintain the existing parenting plan. If a former spouse accepts a position far away, they may have to move somewhere in between to maintain the existing parenting plan.
Considering the Motivations of Each Parent
The court disapproves of parents who try to hurt the other by restricting their access to their child. If a parent asks the court to relocate, the court will examine their reasons for doing so. If the judge decides the parent has a legitimate reason to move, they will consider the other parent’s motivations for appealing it, as well as the interests of the child. If relocation makes it extremely difficult for the other parent to maintain a relationship with the child, the court may deny it. However, if the move is in the best interest of the child, the court may require the non-relocating parent to adjust. For example, the non-relocating parent may have more contact with the child via phone but less contact in person.
