Legal Question in Family Law in Connecticut
We have 7 months old son. My ex is in MI and I live in CT. I have been staying with my parents. My son was born in CT and has been living with us since he was born. My ex has not seen him or tried to see him for the past 7 months. Couple of weeks ago he filed for a divorce from MI asking for joint custody of my son. I want sole legal and physical custody of my son. My ex does not pay child support. Currently, am unemployed, living on welfare. State of CT has filed for child support but have not heard anything from them.
I left my husband in January 2009. The marriage took place in CT. I never changed my license to MI. I still have CT license. When I left my husband I left everything behind my clothes, jewelry, etc. My ex refusing to give it back actually he is denying that he has it. I have no way of proving it.
About 2 weeks ago, I filed a pro se self appearance and motion to dismiss both custody and divorce case without a hearing so I can start a case here in CT. I also included CT financial affidavit clearly states cant afford to travel or hire a lawyer.
Yesterday I received a mail from the friend of the court in MI asking me to attend some 3 hour class called kidsfirst in MI. I dont understand is this the response my motion? How can I attend I cant afford to go there.
What are the chances me getting sole legal and physical custody of my son? Getting my stuff back?
Thank you in advance!
1 Answer from Attorneys
You can file for the divorce here in CT while the motion to dismiss is pending in MI. If the child has lived here since birth for the past 7 months, then most likely the MI case will get dismissed and CT will have jurisidiction. You shouldn't wait until MI is dismissed to file the case in CT. Usually the judges get on the phone and talk about which state has jurisdiction when this sort of thing happens. However, a judge in CT can not and would not talk to a judge in MI unless you file a case here.
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