Legal Question in Family Law in Connecticut

Family Law - Custody

My exwife and I have jont legal custody, with primary residence with Mom. Mom now works 3 jobs, not to survive but to do things like breast augmentation and purchase a brand new car. Our son Isaiah spends much of his time at home with my Wife and I. Now that Christmas is passed and Isaiah's birthday will be past in a week, I would like to have primary residence. As I feel this would be in Isaiah's best interest. Two weeks ago, I found Isaish (6) home alone with his sister (11) I couldn't contact his mom and after a half hour I called the Police. The Police in turn notifed DCF of the situation. I cannot get a copy of the report. As previously stated, Isaiah is home with me for almost the entire week and I don't want to jeopardize this. Yet as things progress, I am worried for Isaiah. Often times he doesn't have a snack for school when coming from Mom's house. Isaiah would be much better off in a home where there is always someone home. My wife is a homemaker and fully supports Isaiah living with us. What should I do??


Asked on 3/13/09, 5:40 pm

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

Re: Family Law - Custody

First of all, if Isaiah is at all in a situation that may rise to the level of neglect, you, as the biological father and legal custodian, has an obligation to do something about it, legally. Otherwise, if something were to happen, you too, could be held accountable if you knew the situation was not safe.

You could file a motion to modify the decree or court order that gave Isaiah's mom primary residence and request the court to change primary residence to you.

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Answered on 3/13/09, 7:59 pm


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