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

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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

Answers:

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

Answered 10 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.


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