Legal Question in Family Law in Connecticut
I live in Virginia and my ex-wife and son live in Connecticut. Our divorce/custody papers are all through Virginia courts. She has had the case certified in Connecticut (not really sure what that means). She has continually tried to alienate me from my son even though I travel to Connecticut twice a month to exercise visitation. According to our court order, my son is supposed to be with me in Virginia for 6 consecutive weeks during the summer. We both agreed that it would be ok to cut it down to 4 until he gets a little bit older (he is 7 now). Now she is telling me that it is psychologically damaging to make him come to Virginia for more than 2 weeks in the summer. She has told me that she is going to find a psychiatrist and a lawyer. She also told me that in Connecticut if there is a disagreement between parents, then a guardian ad litem would be appointed at the parents' expense ($5000 split between the 2 parents). All of this sounds a little ridiculous and like she's trying to scare me into giving her what she wants. I guess my 2 questions are 1) If she continues to violate our custody/visitation order, would I go through Virginia courts or Connecticut courts to enforce it? 2) Is what she's telling me about the guardian ad litem true?
1 Answer from Attorneys
If she has lived in CT for more than 6 months with your son, then CT would most likely have jurisdiction. It sounds as if she has registered the Virginia divorce decree in CT so that she can modify it. You do have a right to enforce it here in CT.
A GAL may be appointed if there appears to be a substantial dispute regarding visitation or custody. Usually the court looks to both parents to share the cost (the retainer may be $2500.00 or greater) but can allocate the cost to each parent based upon their respective incomes and assets.
You may want to call a CT attorney for a consultation.
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