March 19, 2026
When One Unmarried Parent Wants to Relocate with the Child
Relocation cases present one of the most difficult issues in family law. Whether the parents are divorcing or, if unmarried, separating, more often than not one parent will be unhappy with the result. Frequently resolving the conflict takes years and results in a child moving from state to state several times until a final judgment determining custody is entered by a court.
Although the legal standard is best interests of the child, determining the best interests necessarily requires examining, whether directly or indirectly, the needs and impacts of a proposed relocation on the parents. Why? A parent’s mental, physical, emotional and financial health obviously impacts their child.
A January 2026 decision of the Connecticut Appellate Court in C.D. v. R.C., 237 Conn.App. 440, demonstrates these concepts. After two years together, in 2018 the unmarried parents separated. Mom immediately moved back to her home state of Virigina with the one-year-old child. However, Mom was required to return to Connecticut with the child later that year by the Connecticut court which granted Dad’s motion. Thus years of courtroom conflict began, resulting in the January 2026 Appellate Court decision, which might still not be the end if Dad decides to appeal to the Supreme Court.
A fully contested trial in the Superior Court resulted in a judgment in Mom’s favor-allowing her to move with the child to Virginia. Father appealed. Ultimately the Superior Court decision was upheld by the Appellate Court. Among other reasons, substantial weight was given to Mom’s ability to provide a better life for herself and thus the child in Virginia than if she was forced to remain in Connecticut. Here, her situation, relationship with Dad and the litigation affected her mental and emotional health resulting in treatment for depression and anxiety. In Virginia, she had family support, more promising career prospects and better overall economic situation. The trial court acknowledged Dad was a good father and provider, but his bond had developed at Mom’s expense. Also, Dad was “unprepared to assume the role of primary physical custodian” even if the child remained in Connecticut because ” his professional and personal obligations constrain him from committing more time to the child’s care.”
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