Legal Question in Family Law in Connecticut

How long can she continue to fight for custody after being told NO so many times

My seems like never ''soon to be ex-wife'' continues to fight to get custody from me after temp. custody was granted to me nearly two years ago.I had what I felt to be many instances of neglect on her part, to justify custody being with me. She has yet, after all this time come up with ANY reason why the kids should not be with me,other then she WANTS them with her.My question is, how long can she delay our divorce based on this before someone(other than myself)says enough is enough?Lord knows I've had enough of going to court to deal with the same issues (or lack there of)over and over again. thanks


Asked on 2/09/04, 7:28 pm

3 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: How long can she continue to fight for custody after being told NO so many t

It's a toughie. Courts are reluctant to prevent a parent from seeking a change in custody, unless it really becomes abusive. You can start asking for atty fees to combat her motions, and eventually the judge is likely to whack her in the pocketbook, but she'll get several bites at the apple first. If you don't have a lawyer, shame on you.

Read more
Answered on 2/10/04, 10:29 am
Linda Subbloie Linda A. Subbloie, Esq.

Re: How long can she continue to fight for custody after being told NO so many t

Although you have temporary custody, it appears your divorce has not been finalized. If she won't agree to the present custody arrangement as part of your final divorce decree then it appears you have no choice but to get a trial date and have a judge hear the case. This is the only way you will be able to finalize this. If you don't have an attorney then you should think about retaining one to bring this matter to some closure.

Read more
Answered on 2/10/04, 10:31 am
Bonnie Lee MacDonald Law Office of Bonnie Lee MacDonald

Re: How long can she continue to fight for custody after being told NO so many t

Custody disputes are difficult to resolve but you do not have reach an agreement to finalize your divorce. If you cannot agree, you need to set a trial date and let a judge decide the custody issue. A judge will not order joint custody if there is a custody dispute. He will give one parent sole custody with visitation for the other parent.

Although your then ex-wife can continue to make motions for modification, courts do not like to change custody agreements without a good reason. If she is making frivolous motions you can request attorney fees.

Bonnie Lee MacDonald

(203) 966-8855

Read more
Answered on 2/10/04, 10:45 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Connecticut