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  1. #1
    Join Date
    Sep 2020
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    Default Should I File

    My question involves a child custody case from the State of Connecticut

    My ex-wfe and I are recently divorced. I have the children as we agreed to joint legal custody but I'm the custodial parent.
    In our divorce, I did not seek child support
    Before the divorce was final, she moved to Canada, her birth country. At that point without employment or her own housing.
    She is now approximately 6 hrs away from the children. Close to 350 miles.
    The children and I are considering leaving CT. Expensive state and maybe a better climate.
    My ex-wife will not allow the children to leave the state.
    I have tried to work it out and we cannot come to an agreement.
    Would I have solid case versus her in court if I tried to seek sole custody?

    Thanks for any input
    Jim

  2. #2
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    Sep 2020
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    Default Re: Should I File

    Quote Quoting jimesau
    View Post
    My question involves a child custody case from the State of Connecticut

    My ex-wfe and I are recently divorced. I have the children as we agreed to joint legal custody but I'm the custodial parent.
    In our divorce, I did not seek child support
    Before the divorce was final, she moved to Canada, her birth country. At that point without employment or her own housing.
    She is now approximately 6 hrs away from the children. Close to 350 miles.
    The children and I are considering leaving CT. Expensive state and maybe a better climate.
    My ex-wife will not allow the children to leave the state.
    I have tried to work it out and we cannot come to an agreement.
    Would I have solid case versus her in court if I tried to seek sole custody?

    Thanks for any input
    Jim
    Why do you believe that sole custody is appropriate vs simply relocating per state law? See www .jud.ct. gov/lawlib/law/partrelocation. htm for more information. (Remove the spaces after www, before gov and before htm)

  3. #3
    Join Date
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    Default Re: Should I File


  4. #4
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    Default Re: Should I File

    Thanks - because I'm new it wouldn't allow me to post the unmodified link without moderator approval.

  5. #5
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    Default Re: Should I File

    Quote Quoting jimesau
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    The children and I are considering leaving CT. Expensive state and maybe a better climate.
    My ex-wife will not allow the children to leave the state.
    Please elaborate about your ex's refusal to "allow" this. Does your divorce decree contain a restriction on your ability to move out of state with the kids? If so, please quote the relevant provision (with any names removed or changed). Also, where in Canada is she. Given the information provided, I'm guessing somewhere in the Ottawa/Montreal/Quebec City area.


    Quote Quoting jimesau
    View Post
    Would I have solid case versus her in court if I tried to seek sole custody?
    No way to answer the question intelligently based on the limited information provided. All you've told us is that you want to move because Connecticut is an "[e]xpensive state" and that wherever it is that you're thinking of moving might have "a better climate" (whatever that means), and you've told us nothing about your ex's reason(s) for not consenting. Please also answer "Zigner's" question. And, to elaborate on that question, you told us that you have joint legal custody. What possible reason might exist for changing legal custody (if that's what you want to do)? As far as physical custody, you appear to have sole custody (at least as a practical matter), so what is it exactly that you want to change?

  6. #6
    Join Date
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    Default Re: Should I File

    Yep and since this place is sans moderator that approval would likely never happen.

    I got your back!

  7. #7
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    Default Re: Should I File

    Quote Quoting PayrolGuy
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    Yep and since this place is sans moderator that approval would likely never happen.

    I got your back!
    You da man!

  8. #8
    Join Date
    Oct 2006
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    16,423

    Default Re: Should I File

    Quote Quoting jimesau
    View Post
    My question involves a child custody case from the State of Connecticut

    My ex-wfe and I are recently divorced. I have the children as we agreed to joint legal custody but I'm the custodial parent.
    In our divorce, I did not seek child support
    Before the divorce was final, she moved to Canada, her birth country. At that point without employment or her own housing.
    She is now approximately 6 hrs away from the children. Close to 350 miles.
    The children and I are considering leaving CT. Expensive state and maybe a better climate.
    My ex-wife will not allow the children to leave the state.
    I have tried to work it out and we cannot come to an agreement.
    Would I have solid case versus her in court if I tried to seek sole custody?

    Thanks for any input
    Jim
    People can live on the other side of the world and still have joint legal custody. Joint legal custody is joint decision making and that doesn't change just because mom and dad live a long distance from each other. So your chances of sole custody are slim to none.

    When parents have joint legal custody and they cannot agree on something, then the solution to that is to take the issue to court and let the judge decide. You might possibly have a shot at getting a judge to give you permission to relocate with the children since mom already moved away, but if you do, you will probably have to provide a good bit of the transportation (cost wise) than you otherwise would have had to provide for mom's parenting time.

    The judge will also likely give mom parenting time in Canada. She would likely get every other Thanksgiving, a week at Christmas, every other spring break and most of the summer. Will you be able to afford the money to get them to Canada and back if you move to a warmer climate? If you don't move, then its almost guaranteed that mom would be responsible for the costs of transportation since she moved away and created the distance. You would be creating MORE distance (probably considerably more) and therefore that's why alot of the cost would end up on you.

    Those are things to think about when deciding whether or not to take things to court.

  9. #9
    Join Date
    Sep 2020
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    2

    Default Re: Should I File

    Thanks for the the replies.
    And please excuse my lack of knowledge on law, especially family law.
    I had presumed to relocate, sole custody would be paramount but that does not seem to be the case.

    There is nothing in our decree to state where the children, may or may not live. I am figuring if mom can leave the children behind, then there is no reason we can't move further south.
    I see stated above that mom would have parenting time in Canada. The kids and I figured they would spend a minimum of a month there in the summer anyway. I have no problem with them doing such. And alternating holidays. ie - Christmas there one year then Christmas here one year.

    I presume if mom and I can't come to terms then I'll have to go to court. And I have no idea how to navigate the system so an attorney will be necessary.

    One other piece of information. Our children have spent most of their formative years in Italy. Most friends are there and they have attended school there for four years. Except for a brief period in CT, we homeschooled our kids while in the States. Initially we wanted to return there as the kids are culturally Italian. Mom gave us a notarized letter stating we may go there, indefinitely (no dates on the letter just says open ended). In theory, she agreed at one point. I know this would not stand up in court. I'm not sure if any of this would be relevant to a judge over seeing the case.

  10. #10
    Join Date
    Jul 2018
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    Default Re: Should I File

    Quote Quoting jimesau
    View Post
    Thanks for the the replies.
    Unfortunately, you barely touched on some important questions in those replies. I therefore can only suggest that you consult with a local family law attorney.

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