Legal Question in Family Law in Connecticut

I have 2 kids with someone I am not married too and we are not together I have a chance to move to another state with work and want to take my kids with me and he says no that I cant take them what do I have to do so that I can take my kids thier father doesnt have a good paying job he lives with his mother he cant afford to have the kids all the time.


Asked on 10/15/09, 10:11 pm

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

If there is no court order in effect that prevents you from moving, you are free to move. The problem comes up this way: the father has 6 months to go to court to seek an order that the kids have to stay in Connecticut. He can file for this order in Connecticut courts for 6 months after you leave. After that, Connecticut courts no longer have jurisdiction; it would be the courts in whatever state you move to that would then have jurisdiction. Now, just because he can go to court here to seek an order doesn't mean the court would grant his request. The court might well say that you can move the kids. The court would look at why you are moving (do you have a job there), are you just trying to get away from him? What are his abilities to take care of the kids here? Is he paying child support, etc. Worst case scenario, you have to bring the kids back, but he might not file here in CT anyway (it will cost him some money to file here), he could well not have his request granted, and if he doesn't file for 6 months, then it's unlikely he'll take the trouble to go to where you move.

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Answered on 10/21/09, 12:08 pm


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