Legal Question in Family Law in Connecticut
Parents have joint legal custody of girls ages 15 & 12. Mother has primary residence in the state of Connecticut. The children have, in the past, gently expressed a wish to live with their father. This summer, the girls are visiting their father, who has relocated to the state of Alabama. When father relocated in 2010, the oldest (then 13) was supposed to move with her father, and had mother's agreement, but when mother & father went to court, mother stated she "changed her mind" and then became loud & beligerent in the court room and stormed out before any resolution could come.
Before going down to Alabama this summer, the 12 year old said she wanted to live with her father. Upon getting down to Alabama, the 15 year old said she wants to live with her father and is not returning to the state of Connecticut. She stated she will not get on the plane, and if she is forced she will throw a fit so she gets thrown off the plane.
Mother and father have discussed it; mother started by saying that she didn't necessarily object to the children living with their father, but when father wouldn't agree that the oldest had to go to camp before they could talk about it, she became beligerent, started cursing out both the father and the oldest daughter, and threatened him with legal action. Father is afraid that if the children return to Connecticut, the mother will hide them and make it so they couldn't go to court and explain themselves to the family services/judge and explain that they want to live with their father.
What legal recourse does the father have? Does the oldest child have to return to Connecticut?
1 Answer from Attorneys
It's tricky. You don't want to be charged with parental interference or, God forbid, kidnapping so you don't want to encourage them to refuse to go to CT. On the other hand, most judges are aware that, especially with the 15 year old, you can't be expected to tie her to the plane's seat. The best thing to do is make a motion in court in CT to have the kids move to AL. CT may appoint an attorney for the kids to argue their wishes, whom somebody is going to have to pay. (They might also appoint a Guardian ad Litem for the 12 year old. A GAL is appointed if the court feels the child isn't old emough to express her own opinion - an attorney is appointed if the court feels she is, most likely with the 15 year old). If the girls flat out refuse to get on the plane, well, the court will have to decide. Safest way is to file a motion. You look best that way too, as it won't appear that you're trying to pull something.
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