Legal Question in Family Law in Connecticut
My husband has gotten a job out of state and is looking to relocate with his two children from his first marriage. The bio mother verbally said that the girls could move with him on more than one occasion, so he went ahead and looked for a job in Alabama (his home state and where both girls were born). When they went to court last week, she got in to Family Services and said "well yeah, I agreed, but I changed my mind." Family Services suggested hiring an attorney for the children, since the oldest is 13. My husband filed a reclaim since there was some issue with the docket, as well as the motion to appoint an attorney. Since that time, the mother "is working on an argument to hire a Guardian Ad Litem".
What is the difference between an Attorney for the Minor Children and a Guardian Ad Litem? Which would be more appropriate in this case?
Both girls have verbally expressed their want to move with their father and have written letters to Family Services stating their wishes.
My husband is in Alabama already, working his new job and fixing up our new house. Because of that, the mother has decided not to let the two girls spend any time with me or their younger half-siblings, citing that "parenting time is for the biological parent, so its not necessary." I, as the stepmother, have raised these two children as my own for the last 9 years and the only reason she is keeping them from me/us is to be vindictive and mean.
The mother's argument is going to be that since we had some DCF involvement a few years ago, it is not in the best interest of the children to live with their father and me. I am also worried that without being able to see me and their younger siblings, their mother is going to brainwash them into not wanting to move.
1 Answer from Attorneys
It's not clear to me who has primary custody of the children. Nevertheless, your husband needs to hire a lawyer. This is too complicated to handle on his own. A guardian ad Litem is an "attorney" who represents the "best interests" of the children and part of the best interest is their wish to live with a particular parent, but it is not the deciding factor. An "attorney for minor children" on the other hand, must advocate what the children want, not necessarily what is in their best interest. As you can see, you can probably figure out which you and your husband would prefer. Your husband has the right to file a motion to appoint an attorney for the children who would tell the court the children want to live with their father. Sometimes, a court will appoint both.
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