Legal Question in Family Law in Connecticut

Relocation.

My ex and I share custody of our 12 year old daughter. She lives with me and I have primary custody I believe it's called. For the duration of her life my daughter and I have lived in the same house. Although there is a child support order the only time my ex pays is when they take it out of his taxes or unemployment benefits. For the past 5 months he's seen her every other weekend but before that it was hit or miss depending on his job, girlfriend/living situation. Since last Oct when he moved back and married, he has been consistent with his visits and she looks forward to seeing him. I'm not sure if it matters to anything but according to the divorce papers he is allowed to have her during the week as well. I don't prevent it, he just hasn't taken her during the week. Right now it'd be near impossible as he lives 40+ minutes away but even when he lived in the same town he hasn't had her over during the week.

My brother has lived in AZ for 14 years and my Mom is moving out there this Summer. The school system will be much better for her, she/I will have our support people around us and the cost of living compared to this area is great. The downside of course is that my daughter's Dad won't be in AZ and he's just remarried so he may stay in the CT for awhile.

I would like to move, with my daughter, to AZ by end of Summer 2010 so she can begin the next school year there. What are the chances the court would allow this? If he was completely against her moving would the court even consider? I'm not sure on what to even suggest to the court/him to allow this to happen.


Asked on 3/05/10, 3:50 pm

2 Answers from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Relocation cases are very difficult. They are very "fact based" and the court looks at each case individually when it applies the law. You should consult with an attorney for answers to your questions.

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Answered on 3/10/10, 4:28 pm
John Heffernan Heffernan Legal Group, LLP

Relocation cases are tough. So many factors enter into it. To give you all the variables would take forever in an email. I'd be happy to discuss it with you in a phone call (no charge), but I'd be typing all day on line.

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Answered on 3/11/10, 8:27 am


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