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.
2 Answers from Attorneys
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.
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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