Legal Question in Family Law in Connecticut

We were married in Connecticut.

Divorced in Connecticut.

I live in New York w/ 1 child (joint custody, I have physical custody).

She lives in New Jersey with the other child (joint custody, she have physical custody.

I would like to move to Florida.

Do I need her permission if there is NO TRAVEL RESTRICTION IN THE SEPERATION/DIVORCE PAPERS???


Asked on 7/31/14, 8:22 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Was the CT decree ever registered in another state (like NY or NJ)? If not, and if there is no notice of move provision in the decree, you can move. Perhaps the more interesting question is "Which state gets to decide the issue, if the other parent tries to challenge the move?" The normal rule is that the state where the child has lived for 6 months gets the nod, but if the decree was never registered in NY, and neither you nor the other parent resides in CT or NY, I think the other parent would have to litigate the issue in FL. CT law would apply, but I believe the FL court would be the only place with jurisdiction.

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Answered on 7/31/14, 9:57 am


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