Moving Away With a Child in Connecticut: Relocation Notice, Distance Rules and Burden of Proof

By the FigureMyTax Editorial Team · How we calculate

In Connecticut, after a custody judgment the relocating parent must prove, by a preponderance of the evidence, a legitimate purpose, a reasonable location and the child’s best interests. The statute names no distance trigger.

Who has to prove a move in Connecticut?

The relocating parent. In any proceeding after the entry of a judgment awarding custody and involving the relocation of either parent with the child, where the relocation would have a significant impact on an existing parenting plan, the relocating parent bears the burden of proving by a preponderance of the evidence that the relocation is for a legitimate purpose, that the proposed location is reasonable in light of that purpose and that the relocation is in the child’s best interests (C.G.S. 46b-56d(a)).

What factors does the court weigh in Connecticut?

Each parent’s reasons for seeking or opposing the move; the quality of the relationships between the child and each parent; the impact on the quantity and quality of the child’s future contact with the nonrelocating parent; the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally; and the feasibility of preserving the relationship with the nonrelocating parent through suitable visitation (46b-56d(b)). The list is not exclusive.

Does the same rule apply in the first divorce judgment in Connecticut?

No. Relocation matters resolved at the time of the initial dissolution judgment are governed by the child’s best-interest standard in section 46b-56, not by 46b-56d (the Appellate Court’s annotation to the statute, 113 Conn. App. 177). The burden rule applies to later moves.

Is there a notice period in Connecticut?

We did not find a notice period or distance trigger in 46b-56d. Your own custody order or parenting plan may require notice, so read it before moving and ask a licensed Connecticut attorney.

Is a job offer enough in Connecticut?

Not alone. The Appellate Court has held that prospective employment in another state, without sufficient evidence of the remaining factors, does not meet the burden (annotations to 46b-56d, 155 Conn. App. 848).

Must the court assume the parent will move in Connecticut?

No. The Appellate Court has held that the relocation statute does not require the court to base its best-interests decision on the assumption that the parent proposing relocation will in fact relocate (annotations to 46b-56d, 143 Conn. App. 113). The court can therefore decide the child’s best interests whether or not the parent moves.

What about military deployment in Connecticut?

A deploying parent’s absence is not the sole basis for modifying custody, and the court cannot enter a final order modifying custody or visitation until 90 days after the deployment ends unless the deploying parent agrees (46b-56e).

What about support and the schedule after a move in Connecticut?

A longer distance can change the schedule and the overnights. Recount with the Connecticut parenting time calculator and run the Connecticut child support calculator. Ask the court for an order before moving if your order limits the move.

Frequently asked questions

Official sources

• C.G.S. 46b-56: orders re custody; best interests of the child
• Connecticut General Statutes chapter 815j: 46b-56a joint custody and parental responsibility plan
• C.G.S. 46b-56d: relocation of parent with minor child
• Regs. Conn. State Agencies 46b-215a-1: child support definitions
• Regs. Conn. State Agencies 46b-215a-2c: child support guidelines

This is general information, not legal advice. It is based on the cited Connecticut statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Connecticut attorney.