Can my ex make me bring our children back to the state he is in if I have sole custody?

I recently moved from CT to WA due to the military and now my ex is mad at me because I told him he can’t claim our son on the income tax and now wants me to bring our children back to CT. I do have sole custody and he didn’t have a problem until the income tax thing.

Asked on August 29, 2011 Connecticut


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  And I hate to throw this back in to your court, so t speak, but you need to see how this matter is addressed in your custody agreement in order to determine what you need to do.  And if it was not addressed - as it is conceivable that you being in the military you may be relocated I can not believe that it could not be - and it stated that you can not leave the state (which may also be implied) and you did not get permission from him in writing or a modification in writing then you may be in a lot of trouble here.  Leaving the state with the kids can be considered kidnapping on top of a violation of his rights under the custody agreement.  Please get legal help asap.  And thank you for your service to our country.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.