Legal Question in Family Law in Connecticut

threat to move child out of state

can she (along w/ my 5yr.old son)move out of state just because she says she can't afford to?she currently lives in the house that we bought 6years ago, I moved out 8 months ago, we live within 5 miles of each other, and presently we have equal joint custody


Asked on 1/17/07, 10:27 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: threat to move child out of state

I'd have to see the paperwork that gives you "equal joint custody", but assuming it is as you say then theoretically she can't just up and move. As a practical matter, however, if she moved you'd have to go to court to get a court order for the return of the child. The Connecticut court would have jurisdiction for 6 months after she moved, and it would be the Connecticut court that would make the decision as to where the child will live. You can pre-empt the situation, though, by going to court now to get an order that she can't take the child out of the state. Then if she took the child it would by kidnapping or parental interference, both crimes.

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Answered on 1/18/07, 10:24 am


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