Legal Question in Family Law in Connecticut
Interference with parental visitation and change of custody
Hi,
I have been divorce in CT since 2003. The divorce agreement states that my ex has sole custody of my daughter and I have visitation every other weekend and reasonable visitation if my ex moved overseas; my ex must leave her address with me.
She took off after the divorce. I don't know where she is and therefore can not visit my daughter. Even her attorney communicates with her by phone only and will not accept court filing service for her. Her attorney said the court cannot force her to reveal her client's address.
I filed for contempt and served my ex by publication.
My ex receives Child support regularly thru CT state and the state child support enforcement agency will not give me her address.
My question is, if I am successful in getting a contempt order in CT, can I use this as basis for change of custody case later.
I know in other states, interference with parental visitation can be used as basis for change of custody.
I have since re-married and I believe I can provide a better loving home for my daughter.
1 Answer from Attorneys
Re: Interference with parental visitation and change of custody
I disagree with her attorney.I think a judge would require support enforcement to turn over her address. You should file a motion requesting this. I do believe there is a chance that you could change custody based upon her substantial interference with your visitation rights, however, I would need more facts. You should really contact an attorney.