I am trying to change child custody for me to have Primary but continue with joint. My ex husband and I have joint custody but he has primary and lives in Connecticut and I live in Arizona. What information do I need to try and reverse the primary custody to where the children live with me? The court case was handled in Connecticut.
You will need to show how reversing custody is in the best interests of the children. That is what most judges base their decisions on.
Connecticut has a specific statute dealing with the relocation of a parent with the minor child that requires the person seeking to move out of state with the minor to establish three things -- (1) that the relocation is for a legitimate purpose, (2) that the proposed location is reasonable in light of such
purpose, and (3) that the relocation is in the best interests of the child. Conn. Gen.
Stats. § 46b-56d (2015). If you are unable to reach an agreement with your ex, I would suggest that you consult with a family attorney.
My response is for informational purposes only. I urge you to consult with an attorney who, after meeting with you and gathering additional information, will be in the best position to advise you regarding your specific situation.
Ms. Russo and Mr. Shalvoy have provided excellent advice. I would add that you will need to have a very compelling reason as to why your children should be relocated to Arizona with you, especially if their father is not leaving Connecticut. Connecticut, like nearly every other jurisdiction, will not uproot the lives of children to the extent such a move would do so, without a powerful reason.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
I agree with all the foregoing answers from other lawyers commenting.
I would begin analyzing your situation by learning how the current arrangement came into being. Obviously, when parents are living far away from each other it compromises their ability to provide the children with adequate contact with both parents.
As it stands, your parenting time is probably reduced. So I would want to know how and what that happened. What you are proposing probably would diminish your ex's parenting time. How and why would this be better for the kids?
If your reasons for wanting the change is primarily your desire to see the kids more, you will have long odds of winning their relocation.
I wrote this to help you and others who may face issues like yours in the future. I hope you find my response to be helpful and informative. If you do, please click the thumbs up icon. If this is your question and you find my answer to be the most helpful, please click best answer. I appreciate feedback. My answer is not legal advice and does not establish a client/attorney relationship. The question may not be a complete or accurate description of the problem and there is no chance to ask a follow up question. It is impossible to give complete advice without a thorough discussion of the facts, such as we would have during an initial consultation. Further, laws are different from jurisdiction to jurisdiction and are subject to change. So, please, do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.
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