Legal Question in Family Law in Connecticut

Currently I have temporary custody of my 11 and 14 boys due to a neglect and abuse removal from their mothers home. They lived with her in New york and now have been with me for approx 4 1/2 months in Connecticut. I want to file for full or residential custody but the Family court judge will not allow it at this time. How can I get the custody case moved to Connecitcut,? The kids have been emotionally destroyed by the abuse and I do not want to take a chance of them going back, they have said they want to live with me.


Asked on 5/30/11, 5:22 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

If there is a decree or court order in New York that gave the mother custody, then you would need to register that decree/order in Connecticut. Once it is registered you can file a motion to modify the order in the Connecticut court requesting that you are awarded sole custody.

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Answered on 5/31/11, 5:21 am
John Heffernan Heffernan Legal Group, LLP

There's a federal statute which provides that, in your case, until the children have lived in CT for 6 months, it is the NY court that has jurisdiction. The Family judge here may be looking to that law in telling you that he won't do anything "at this time". Meanwhile, register a certified copy of the NY decree in the CT court and follow the steps in CGS 46b-71, 72.

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Answered on 5/31/11, 6:41 am


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