Court Possessed Jurisdiction over a Motion to Return Child
by
Joseph C. Maya on Jun. 26, 2017
Divorce & Family Law Child Custody Divorce & Family Law Divorce
Summary: A blog post about a case out of Connecticut in which the children of a divorced couple were being kept by the mother in Florida despite being students of the Connecticut school system where the father resides.
If you have questions about divorce, legal separation, alimony entitlement, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
In a case in which the minor children moved frequently after a divorce and did not remain anywhere for six months, a Connecticut court concluded it possessed jurisdiction over a motion to return a minor child, because the children attended Connecticut public schools after the divorce, and one of the children played football.
The court found the following facts. The husband and wife were divorced in Georgia and obtained joint custody, with primary residence with defendant wife. Defendant moved to Florida and Alabama with the minor children. The parties agreed that the minor children would visit plaintiff husband in Aug. 2015 and attend school in Connecticut.
On December 23, 2015, the minor children visited the mother for the winter holiday. Afterward, the older child returned to Connecticut and the mother kept the younger child. The mother sent the younger child to live with the maternal grandparents in Florida to take advantage of the Florida schools. The father filed an application for an ex parte temporary injunction for return of child post judgment and moved to open and modify. Defendant wife moved to dismiss. The minor children have not resided for six months anywhere since the parties divorced. They were registered to attend Connecticut schools and one of the children played football. The court concluded that the State of Connecticut had jurisdiction, and it denied the motion to dismiss.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: CT Law Tribune
