After you have gone through all the work of going through coming up with a parenting plan with your ex, it’s understandable if you want to keep everything stable and stay away from legal issues for as long as you can. But that isn’t always possible. Your kid’s needs may change. Your needs may change. Your job may change. All these things can interfere with even the most carefully crafted parenting plan.
One difficult type of dispute involves a custodial parent who wishes to move with their child. Under Connecticut law, if such a move would have a “significant impact” on an existing parenting plan, the parent who is not moving has the right to dispute the move.
Significant impact
It isn’t always clear what constitutes a “significant impact.” In some cases, a parent may be able to move to another city or even another state with their child without making a significant impact on a parenting plan. For instance, if the parenting plan provides that the other parent only sees the child during the child’s summer and winter breaks from school, and the move doesn’t interfere with that schedule, then the impact is not significant. But by the same token, if the plan says the other parent should see their child every weekend, a relocation can greatly interfere with that parent’s rights.
It’s also worth remembering that, generally, child custody matters are controlled by the state where the child resides most of the time. This means a relocation from Woodstock to just over the state line could arguably have a significant impact.
Notice and permission
The parent who wishes to relocate with their child must give the other parent notice. If the other parent does not object to the move, there’s no problem.
However, if the other parent does object to the move, they have the right to request a hearing. The court then decides whether the move is in the child’s best interests.
These cases can be difficult for everyone involved, and it’s important to seek out experienced advice.