Dayville, CT asked in Child Custody and Family Law for Connecticut

Q: Just hired a lawyer for 3k for my custody case but the lawyer wants to take a long approach to an easy case. what do ido

i am the custodial parent to my son and his mother according to juvenile court is allowed no less than 2 days visitation, currently i allow 2 days a week plus every other weekend. She is originally from florida and i would like to move back to florida asap. you would think this would be an easy case, we just need to get the orders officially into family court then have something about what happens if we live x miles apart. this lawyer my dad hired seems to think this could be years before i ever see florida again. thoughts?

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2 Lawyer Answers
Joseph Maya
Joseph Maya
PREMIUM
Answered
  • Divorce Lawyer
  • Westport, CT
  • Licensed in Connecticut

A: Your inquiry suggests you are not happy with your current lawyer. I suggest you speak with your present lawyer about strategy, realistic timing, goals and objectives, and the law related to custody, relocation, etc. Your lawyer and you should have an honest and open communication about your expectations. Perhaps at the end of the conversation you and your attorney can decide whether it makes sense to continue working together. The law in CT related to child custody, visitation, and relocation is very complicated. Since you are moving to Florida, you may need a Florida lawyer to participate in any legal issues related to Florida law. Your present lawyer can advise you if a Florida lawyer is necessary at this point. When you are in court dealing with legal issues related to child custody, you should have a lawyer you feel completely comfortable with. I wish you and your child the very best of luck, health and happiness.

Linda Ann Subbloie
Linda Ann Subbloie
Answered
  • Divorce Lawyer
  • New Haven, CT
  • Licensed in Connecticut

A: I don't have enough information to question the lawyer's intentions. Does your son's mother already agree you can move back to Florida, even if she does not? Because, if she doesn't (or don't you know?) then this is a battle. You can't just up and move without a court order and if she will not agree then you have to prove the criteria for relocation that is in the statute. It's a tough criteria to meet and is not an easy win.

On the other hand, if you both agree to move to Florida at the same time and agree to the schedule that you have in place, and there are no other issues, then yes, it appears as easy as signing an agreement and making it a court order.

Let me say that $3000 retainer for a custody case, regardless of it's nature, is a very reasonable retainer.

Why don't you just ask your lawyer why he/she thinks this will take "years." My guess is that person told you but you didn't quite understand so maybe the lawyer needs to try it again.

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