Dear Attorneys,
Will I lose custody if I move out?
Sincerely,
Wondering Wendy
Dear Wendy,
This is a very common—and very important—question. The short answer is: no, but it depends on several factors.
In Connecticut, custody is determined based on the best interests of the child. If you’re considering moving out of the marital home (especially before a custody agreement or court order is in place), it’s essential to understand how that might affect your case. Courts may look at who has been the child’s primary caretaker, who maintains a stable environment, and what each parent’s living situation is like when deciding custody arrangements.
Moving out doesn’t automatically mean you’ll lose custody, but it can impact the initial status quo. For example, if one parent remains in the home with the children, the court may view that as establishing a new routine, which could influence temporary or final custody decisions. One of the main concerns we see in these situations is when one parent moves out, but does not have a new residence. It is imperative that you are able to provide a bed for your child. However, it is worth mentioning that a parenting plan is never based on who has the “nicer” house. We always tell clients that it is completely okay to get an apartment, smaller house, or even temporarily stay at a hotel if it provides for a safer and more stable situation.
The best course of action is to speak with an attorney before you move out. We often help clients develop a parenting plan or file appropriate motions to protect their custody rights before they relocate. Every situation is unique, and the courts aim to preserve the child’s relationship with both parents whenever possible. If you’re planning to separate or move out, we’re here to guide you through it thoughtfully—protecting your parental rights and your child’s well-being every step of the way. Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
