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Can you relocate with your kids after your divorce?

| Jul 20, 2018 | Child Custody & Support |

Despite the initial struggles that you may experience following your divorce in Southport, life will go on. Part of the process of moving on might involve the opportunity to relocate. However, your having custody of your children can complicate matters, as a move would no do doubt impact your ex-spouse’s custody or visitation arrangements. How, then, are you able to make such a move happen? 

You must provide both the family court that has jurisdiction over your case as well as your ex-spouse notification of your intent to move. If you can come to an amicable agreement as to how to modify your custody arrangement with your ex-spouse on your own, the court will often honor your wishes. Yet if you cannot, your ex-spouse may request a hearing to oppose the move. 

According to state law (as shared by the Connecticut General Assembly), the burden of proof lies on you to convince the court to allow you to relocate with your kids. To do so, you need to demonstrate the following three elements: 

  • Your decision to relocate is driven by legitimate reasons
  • Given those reasons, relocation is indeed reasonable
  • The relocation will ultimately serve the best interests of your children

It is those interests that the court considers above all else when contemplating any sort of custody modification. In the case of relocation, the court will attempt to determine if the move will benefit your kids economically, emotionally and educationally. It does, however, also recognize the need for your children to have continued contact with both their parents. Therefore, the impact (and potential strain) that your moving might have on your kids’ relationship with your ex-spouse will also come into play. Your demonstrating a willingness to bear some of the burden in ensuring consistent contact continues may help your case.