Connecticut

Statutory framework; factor structure: 17.

Authority

Conn. Gen. Stat. § 46b-56(c)

Source framework

Statutory

Factor structure

17

Operative language

may

Catch-all language

preamble

Presumptions in the original survey

Joint custody presumed in best interests when parents agree, § 46b-56a(b)

Child's voice / age rule

none

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(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliation

Authority

Conn. Gen. Stat. § 46b-40(c)

Grounds without a misconduct showing

(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliation

Other grounds and proof conditions

8: adultery, fraudulent contract, willful desertion 1 yr with total neglect of duty, seven years' absence unheard from, habitual intemperance, intolerable cruelty, life imprisonment or infamous crime, 5 yrs mental-illness confinement within 6

Separation

None for (1); 18 months for (2)

Timing

Section 46b-67 generally bars a contested trial until 90 days after the return date. Its agreed and default procedures can permit earlier disposition. The separate nonadversarial procedure has its own eligibility and timing rules. A universal 90-day filing-to-decree description is inaccurate.

Relief without dissolution

Yes, § 46b-40(c)

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Postjudgment § 46b-56d places the burden on the moving parent and sets no advance relocation-notice period. In the listed pending proceedings involving a child, while Practice Book § 25-5 automatic orders are effective, a party vacating the family residence must give the other party or counsel a written communication address within 48 hours of the move, subject to a prior contradictory judicial order. The same order also bars permanent child removal from Connecticut without the other party's written consent or a judicial order.

Authority

Conn. Gen. Stat. 46b-56d

Court test

statutory relocation factors

Burden classification

burden on the relocating parent

Notice classification

no

Trigger classification

functional (move that significantly affects the parenting arrangement)

Effect of silence

not addressed (no objection procedure in statute or rule)

What the court weighs

In a postjudgment relocation proceeding governed by § 46b-56d, the relocating parent must prove, by a preponderance, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of that purpose, and (3) the relocation is in the child's best interests. The court considers, among other things: each parent's reasons for seeking or opposing the move. The quality of each parent-child relationship. The impact on the quantity and quality of future contact with the non-relocating parent. How far the relocating parent's and child's lives may be enhanced economically, emotionally and educationally. And the feasibility of preserving the relationship through visitation (46b-56d(a)-(b)). The factors are not exclusive, and Ireland's family-unit reasoning still applies (K. S. v. R. S., 350 Conn. 692 (2024)). At an initial judgment, relocation is an ordinary 46b-56 best-interest question, and the Ireland/46b-56d factors are guidance only (Ford v. Ford, 68 Conn. App. 173 (2002), N. R. v. M. P., 227 Conn. App. 698 (2024), C. D. v. R. C. (Conn. App. 2026)). K. S., a dissolution-stage case, described relocation orders broadly under § 46b-56d and noted the trial court considered factors in §§ 46b-56(c) and 46b-56d(b). In the later initial-custody case C. D., the Appellate Court quoted K. S. for consideration of the family unit while expressly distinguishing the postjudgment reach of § 46b-56d(a).

Who carries the burden

On the relocating parent for all three elements, by a preponderance of the evidence. It does not shift (46b-56d(a)). The statute 'removed the burden shifting scheme set out in Ireland,' which had put the best-interest burden on the noncustodial parent (C. D. v. R. C. (Conn. App. 2026), citing Lederle v. Spivey, 113 Conn. App. 177, 187 (2009)).

Notice and safety exceptions

Section 46b-56d contains no relocation-notice provision. Practice Book § 25-5 automatic orders apply in the listed dissolution, civil-union dissolution, legal-separation, annulment, custody and visitation proceedings. They take effect for the plaintiff or applicant upon signing and for the defendant or respondent upon service, and remain during the action unless terminated, modified or amended by judicial order on a party's motion. In cases involving a child, whether or not the parties are married or in a civil union, and subject to a prior contradictory judicial order, a party vacating the family residence must provide the other party or counsel, in writing within 48 hours of the move, an address where that party can receive communication. While effective, the same child-case order also prohibits permanent removal of a minor child from Connecticut without the other party's written consent or a judicial order (§ 25-5(a)(1)–(2); 2026 Practice Book, last amended effective January 1, 2025). Individual orders may impose additional duties.

Which moves trigger the rule

Any post-judgment proceeding, after a judgment awarding custody of a minor child, involving relocation of either parent with the child, where the relocation would have a significant impact on an existing parenting plan (46b-56d(a)). No mileage figure.

Objections and the effect of silence

No statutory objection deadline. A relocation that significantly affects the plan is decided in a Superior Court proceeding in which the relocating parent must carry the burden, and the other parent opposes there. Silence does not authorize the move.

The modification threshold

Not required by the statute's text: a relocation with a significant impact on the plan brings 46b-56d into play. Whether a threshold finding of substantial change is also required was left open (Dolan v. Dolan, 211 Conn. App. 390, n. 8 (2022)). Prospective employment in another state, without evidence on the other factors, does not meet the burden (annotation citing 155 Conn. App. 848).

Other qualifications

The relocating parent carries the full burden on all three elements by a preponderance, and 46b-56d applies only after a custody judgment. A relocation resolved at the initial judgment stays an ordinary best-interest question under 46b-56.

Burden summary

On the moving parent

Notice summary

No advance period in § 46b-56d; conditional 48-hour address notice during pending proceedings

Trigger summary

Effect on parenting arrangement

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