can i leave the state of CT?

[seansmom224]

What is the name of your state? CT

i am not married and never have been married to my son's father. he is willing to give me custody of our son, but he says he will make it so i cannot leave the state. our son has a heart condition that requires several surgeries (he has had two, and he is only 17 months old). i have family in PA and they will help me with my son so that i CAN got work. CT is is to oexpensive for me to live in and i have no family or friends to help me. my question is..can my son's father really make it so that i cant leave the state of CT? If so, can I fight this?

 

[Ohiogal]

Are there ANY court orders?

 

[LdiJ]

What is the name of your state? CT

i am not married and never have been married to my son's father. he is willing to give me custody of our son, but he says he will make it so i cannot leave the state. our son has a heart condition that requires several surgeries (he has had two, and he is only 17 months old). i have family in PA and they will help me with my son so that i CAN got work. CT is is to oexpensive for me to live in and i have no family or friends to help me. my question is..can my son's father really make it so that i cant leave the state of CT? If so, can I fight this?

Dad can't "give" you custody, you already have it. You automatically have custody of your child because you were not married. Dad does not however unless there are court orders giving him custody.

However, that doesn't mean that you can just up and move.

Here is an excerpt from a law article that generally explains things in CT:

The court held that the custodial parent who wishes to relocate the child bears the initial burden of demonstrating to the court that (1) the relocation is for a legitimate purpose and (2) that the proposed location is reasonable. Once the custodial parent establishes those elements, the burden shifts to the non-custodial parent to prove to the court that the relocation would not be in the best interests of the child. 246 Conn. at 428. The non-custodial parent bears the latter burden because he or she will have access to the information concerning distance, difficulty in maintaining visitation, etc., that would be relevant to the court's determination of the issue.

You should file to establish court ordered custody, along with a petition to relocated with the child. It would probably be wisest to have an attorney handle the case for you. It will then be up to the judge to decide.

You have a fairly strong argument for needing the assistance of family, considering your child's medical issues. However, that does not guarantee you a win.

 

[haiku]

In the state of Connecticut IF the Affadavit of Paternity was signed at the time of the childs birth BOTH parents have equal right to custody of the child if there is NO court order stating otherwise. (I know I have posted the statute just recently too....)

If it is your intention to relocate out of state I strongly reccomend you see a lawyer, and get the ball rolling, on custody and visitation.

This is not something you can do alone.

 

[nextwife]

i have family in PA and they will help me with my son so that i CAN got work. CT is is to oexpensive for me to live in and i have no family or friends to help me. my question is..can my son's father really make it so that i cant leave the state of CT? If so, can I fight this?

And is dad unwilling to help you with HIS son so you can work?

Would it not be desirable for dad to be there with his child for surgeries and recoveries? I know that my child's father was fabulous with our child after her four surgeries, and very reassuring to her while waiting for those surgeries.