Legal Question in Family Law in Connecticut

custody

my exhusband and i have been seperated for 3 1/2 years and divorced for 1 year. We have 2 children together that have been living with him since we seperated. We have jount legal he has physical. When we went to court for the divorce they told me no judge would give me custody because i left my husband and the kids stayed with him. They told me even if i got a lawyer i would just be wasting time and money. I believe that our children should be with the mother. I recently got remarried and have 2 other children. If i file a motion to modify and get a lawyer what are my chances of gaining custody?


Asked on 4/15/09, 11:39 am

2 Answers from Attorneys

Nicholas Adamucci ADAMUCCI, LLC

Re: custody

There is not a clear answer to your question. Your chances of success are based on the facts of your case, which you did not fully disclose. The ulimate standard is that the court will order custody and visitation in accordance with the best interests of the children. If you need further help, you can email me at [email protected].

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Answered on 4/15/09, 12:08 pm
Linda Subbloie Linda A. Subbloie, Esq.

Re: custody

First of all, you already have "custody." You have joint legal custody. I don't know who "they" are who told you that you would be wasting time and money trying to get physical custody. The problem you have now is that your ex has had primary custody since your separation. I don't know what happened during the divorce and why you left him since I don't have all the facts, however, what's done is done. You would have to show a substantial change in circumstances since then and you would have to show it's in their best interest to change primary residence to you. Unless your exhusband is not fullfilling his role as a father, you have quite a hurdle to overcome to win this. You should consult with an experience family lawyer before you make any decisions.

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Answered on 4/15/09, 1:45 pm


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