I have sole legal and physical custody of my son through a Court Order. My son’s father has supervised visitation, but he does not always act on it. Can I move out of the State of Connecticut with my son? Currently, his father does not live in Connecticut, but I would be moving to a state other than where he resides. Would I be violating the Court Order by moving?
On the Move
Dear On the Move,
If you have sole legal and physical custody of your son, and if your underlying Court Order does not prohibit you from relocating, you may very well be able to move out of state with your son. You should refer to your Court Order to see if you have to provide any written notice of such. However, if your ex does not have joint legal custody, then he does not have to be a part of the decision making process. Moreover, if he does not live in Connecticut and is not exercising his visitation anyway, then moving to another state may not impede his visitation as it is. You may want to consult directly with an attorney and create a gameplan as to when to actually let your ex know about the move. We wish you the best of luck for a smooth transition!
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Very Truly Yours,
Wolf & Shore Law Group
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