Legal Question in Family Law in Connecticut
Custody Battle
My fiance's ex had him sign a letter this morning stating that per their discussion on August 1, 2006, she has given him a 90 day notice of her intent to move out of state per their custody agreement, dated December 7, 2006. He signed it while she was standing there talking to him and making him confused. He has a documented learning disability and has issues reading to begin with. On top of that, he was also very tired after having worked from 9 pm until 5:30 am this morning (he works third shift). When he got home he reread the letter slowly without anyone looking over him or talking to him and realized what this meant. The letter states she has already told him with a 90 day notice, that she doesn't know where she's moving yet, but it will be out of state and she will tell him her new address once she moves.
My question is, because he didn't understand what he was signing at the time, is the letter still binding? What can he do if she is planning on moving far away? Will he still have to pay his child support if he cannot see her because she took his daughter too far away?
Thanks for you help.
1 Answer from Attorneys
Re: Custody Battle
The 90 day notice doesn't mean he agrees with her moving, it merely means she has told him of her intention. It is now up to him to go to court and make a motion to prevent her from taking the child with her. If she is allowed to move with the child he still must pay support, but the amount should be adjusted to reflect his travel costs to see the child.
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