Q: Third Party Visitation Question:
I filed for modification of custody and visitations. The parties to that case were: I (plaintiff) and my ex-husband (defendant). On January 5th 2015 Stamford Superior Court (in CT) ruled on the case and I was given full sole custody of our daughter and my ex-husband’s visitation schedule was changed. My ex-husband asked the court if the visitation schedule with our daughter can extend to his wife (at that time) and their children because he was incarcerated. The court extended the visitations for his wife and children. On July 29th 2015 my ex-husband and his wife were divorced. His ex-wife now is taking me to court in Danbury, CT seeking visitations with my daughter. Does the Danbury, CT court have jurisdiction to decide this case since her visitation with my daughter was already ruled on and is part of the case from Stamford, CT?
A: I assume the ex-wife is acting on her own without an attorney. You can either file a motion to consolidate the Danbury case with the Stamford case and seek a motion to dismiss if her motion is not supported by the rules for modification of the present order. Based on her no longer being married to your ex you could also try your own motion for modification asking the order allowing her visitation to terminate claiming her lack of being married to your ex is a sufficient change to warrant modification. Your success in all of this is made more certain by your retaining an experienced family law attorney to represent you. The suggestions made here on based on the facts you present and may not be what you can actually do once all the proper facts are known. Consult with an attorney directly for your best answer.
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