Legal Question in Family Law in Connecticut

I have sole legal and physical custody. I wish to move out of state. Nothing in my court orders stipulates moving. He has reasonable, flexible visitation but has chosen to not ever see my daughter. He is now saying he won't let me move unless I meet his demands (give back wedding rings, terminate his parental rights so he doesn't pay child support). Can I move? Isn't he blackmailing me? If I move is it kidnapping?


Asked on 8/10/10, 5:16 pm

2 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

If there's nothing in your decree preventing your move, then it's not kidnapping - you can move. The catch is that the Connecticut court will retain jurisdiction over the move for 6 months, so that if he makes a motion in court (Connecticut) within 6 months of your move, it is the CT court, not the court of the state to which you move, that gets to rule on it. If he hasn't visited or parented, though, even the CT court will probably allow the move, especially if you have a valid reason for moving - re-marriage, new job, family support system, etc. And don't forget, it will cost him money to fight the move and most lawyers will tell him he doesn't have much of a chance.

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Answered on 8/16/10, 12:20 pm
Linda Subbloie Linda A. Subbloie, Esq.

If the court order says that the father has reasonable and flexible visitation and you move without a court order, you could be interfering with the order. I understand he has not been exercising that visitation, but you don't want to be in a position that you took the child away in violation of the order.

You should file a motion with the court to modify the decree so that it is clear that you can move.

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Answered on 8/17/10, 5:45 pm


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