Legal Question in Family Law in Connecticut

We moved to Alabama from Connecticut in October of last year. My husband and his ex-wife have joint legal custody and she has primary residence. When he was initially talking about moving to Alabama, his oldest child (13 y/o) expressed a desire to come with us. His ex-wife agreed until it was actually time for us to move and then she changed her mind. He was told by someone in the court at that time that when the child turns 14, she gets "walking orders" and can live with whomever she chooses.

I am trying to find out what the laws say and if there is any validity to this. The girl desperately wants to live with her father & me and my husband is at the end of his rope on trying to figure out how to get it to happen.


Asked on 3/15/11, 7:35 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

The statute says that "when the child is of sufficient age and maturity" the court must at least listen to the child's wishes. It doesn't say what age that is in years, but most judges would say that 14 is old enough. Note that the court doesn't have to go along with the child, just listen. Most judges will have the child talk to a Family Relation Division officer (state employee, i.e., free) or appoint an attorney for the child (not free - you pay) to argue the child's point of view. At some point (like when the child is 16), the court will throw up its hands and tell Mom "Look, I can't have the kid arrested if she insists on going to live with Dad". I suggest you make a motion to modify the primary residence and see what happens.

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Answered on 3/15/11, 10:15 am


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