Legal Question in Family Law in Connecticut
Any suggestions? Where do we start?
Re: Primary/physical custody
Children (ages 8&6) have been recently returned to a mother who cannot get them to school on time. They are tardy (1-1.5 hrs late) 50+% of the days she has them. They are missing the better part of spec ed instruction given due to LD issues. This was recently documented in kid's IEP's minutes. Mom has progressive decreasing mobility due to parkinsons and lost custody temporarially last year when she was in a horrific accident. They are missing out on team sports, cubscouts, and denied access to family on the paternal side. School has documented absenses and tardiness and huge setbacks in learning and emotional distresses. Mom has been coached that school is important but declines to acknowledge that any of this tardiness/absences are her fault....it's the kids who can't get ready in time she states. There is a guardian ad lidum who has not gotten involved - he just keeps pushing the issues back to parental counseling which is currently not proceeding. There has been no progress through this avenue. Paying for attorneys and guardian ad lidum and counseling is bankrupting the dad. He is local and has great family support for raising the children and would encourage maternal contact and reg visits.
3 Answers from Attorneys
Re: Any suggestions? Where do we start?
You have raised many questions. The first issue to be addressed is which jurisdiction you are in? Who resides where? Are you in CT? Where are Mom and the kids? Where was the original custody order?
If the children and the proceedings are in Md, we need to look at the best interests of the children and why the original Order gave custody to Mom. If there are substantial changes in conditions (ie Mom's disability has worsened to the extent that it is affecting her ability to appropriatly care for the children, then you should file for a modification. However, this should not be done without ample evidence as to changes and needs.
It also sounds as if the children have some kind of learning disabilities. This may also impact the decision to modify custody. This is complicated enough that you should have an attorney to assist you. If you are without funds or have minimal funds to spend on legal fees, you may be able to get help through a reduced fee or pro bono panel attorney in Maryland. The availability of such assistance also depends on what County you are in.
Good Luck to you and the family
Re: Any suggestions? Where do we start?
Your location is indicated as Maryland but you request an answer under CT law. Why? Who is where?
Is the father the one asking the question?If not, who is?
Re: Any suggestions? Where do we start?
If Maryland has jurisdiction and father cannot afford an attorney, there are avenues to try to get help. Feel free to call if you need a Maryland attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
