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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Dear Attorney, I am a father in CT. I currently have

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Dear Attorney,
I am a father in CT. I currently have a Non IV D case with the courts here in CT. My Ex-fiancee as just presented me with the a situation that I'm not so comfortable with. She is requesting my view on moving my 7yr old daughter to Maine with her and her current boyfriend of a yr or two. They both currently live with this gentleman in his house here in CT. Apperently this mans friend is purchessing a restaurant and has asked him to be a partner. My daughters whole family live in CT. I have a great relationship with my daughter, she is daddys little girl! It's already difficult with her being 45 min. away. I have always tried to accomidate her when she has bounced around the state, but this I feel is too much! She has suggested her staying with me for the summer break from school and on school vacations. I feel this is for one, not enough time, but also once she has moved, she will not keep up her promises. Also I do much of the driving now, so her promises of bringing her down for these visits im afraid are going to fall on my shoulders. I just feel this is too far for my daughter and I. I feel this is an unfair request. What are my rights and do I have the power to keep her in the state? I know that this case I have is a very lienant, but can I stop this from happening? I eagerly await your responce and thank you for you time!
Dad in CT

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Generally speaking parenting plans can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child.

This is commonly referred to as a "move away" contest. To prevail, the mother would need to convince the court that, based a significant change of circumstances, modification permuting her to relocate with the child is in the best interests of the child and that visitation can be modified to minimize the child's loss of contact with you as the noncustodial parent.

To defeat her claim, you may want to petition to become the custodial parent. You would need to convince the court that stability, family and friends in Connecticut are in your child's best interest. You can offer the mother liberal visitation such sharing summer vacations and other holidays
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