Legal Question in Family Law in Connecticut

Custody and jurisdiction

My son and his mother use to live in massachusettes and have moved to conneticut about a year and 6 months ago.she has physical custody and i have joint legal custody.Now that she lives in conn does mass still have jurisdiction and was it legal and fair for her to move out of state and i had no say according to her.

please reply

non custodial parent who feels he has no rights


Asked on 2/18/05, 6:25 pm

3 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Custody and jurisdiction

I have told you the law in Massachusetts. Attorney Subbloie might be telling you what is appropriate in CT. I am not familiar with CT family law.

There is, however, a Uniform Child Custody Jurisdiction Act. In Massachusetts, there is the Massachusetts Child Custody Jurisdiction Act as well as a section in the divorce statute which deals with "the removal of the child(ren)."

The problem in these cases is the determination of which State is the "Home State." A little too complicated to explain in the limited space available here. Go to my website, falseallegations.com, and read the MCCJA and Drano Series #57.

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Answered on 3/15/05, 12:08 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Custody and jurisdiction

You had to have been asked for your consent.

If you had not given it, you would have been entitled to an evidentiary hearing.

You can file a habeas corpus.

File also a contempt against her.

Contact http://www.fatherhoodcoalition.org

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Answered on 2/18/05, 8:22 pm
Linda Subbloie Linda A. Subbloie, Esq.

Re: Custody and jurisdiction

I totally disagree with Attorney Johnson.The answer lies in your divorce decree. Does the decree state whether anyone can move out of state? If not, no restrictions. What you need to do is file a Motion either in CT or Mass. Your choice.

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Answered on 2/18/05, 9:14 pm


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