Fotis Dulos, the estranged husband accused in the disappearance of missing Connecticut mother Jennifer Farber Dulos, is seeking to have his divorce dismissed in a bid to move the battle for guardianship over the couple’s five children to juvenile court.
The motion, filed by Dulos’ attorney, Rich Rochlin, on Thursday, revealed that a probate judge legally turned custody of the children over to their maternal grandmother, Gloria Farber, removing both parents as their guardians in November, the Hartford Courant reported.
Rochlin argued the move gave Farber all decision-making control over the children despite the lack of proceedings in their parents’ divorce case.
Farber Dulos was last seen alive the morning of May 24 on a neighbor’s home security footage after dropping off the children at school in New Canaan. The same camera caught her Chevy Suburban leaving the house later the same morning, but authorities do not believe Farber Dulos was still alive at that time.
Her 51-year-old husband and his then-girlfriend, Michelle Troconis, have both been twice arrested since June in connection with the case on evidence tampering charges. The former couple are both currently out on bail and the children have been living with Farber in Manhattan since the initial arrest.
According to arrest warrants, authorities believe that Dulos was “lying in wait” for his wife when she arrived home.
Farber Dulos filed for divorce from Dulos more than two years ago in June 2017, though little action has been taken since her disappearance.
“In the last five months, neither the Plaintiff nor her legal team has filed any pleading or made any marking designed to prosecute this action and bring it closer to trial,” Rochlin wrote in the seven-page motion.
“As such, the case is dormant and absent the participation of the Plaintiff to prosecute her case, it can no longer remain a viable action.”
Rochlin additionally noted that his client has not been able to see information related to his children’s academic and medical records despite repeated requests. A condition of his bail also prohibits him from contacting the kids while he already had limited contact due to the divorce proceedings.
He has not seen his kids since May 22, the Connecticut Post reported.
Dulos’ family has also been denied access to the children, “despite a long and positive history with those individuals.” Both his sister and niece have reportedly been visiting from Greece for the holiday season.
“Mr. Dulos’ parental rights have not been terminated and he is presumed innocent of all criminal charges currently pending against him,” the attorney concluded.