Missing Mom Case: Fotis Dulos Wants Divorce Case Dismissed

NEW CANAAN, CT — Fotis Dulos is seeking to challenge a probate court decision that granted his mother-in-law guardianship over his children. The appeal is scheduled to be argued in juvenile court on Jan. 9.

Dulos’ attorney Richard Rochlin filed paperwork in an effort to dismiss the divorce case between Fotis and Jennifer Dulos.

Jennifer Farber Dulos went missing May 24. She had filed for divorce from Fotis Dulos in 2017. Dulos and his ex-girlfriend Michelle Troconis are facing criminal charges in connection with her disappearance. They are accused of discarding bloody items that tested positive for Jennifer’s blood.

There have been legal battles on multiple fronts including Dulos criminal proceedings, a lawsuit filed by Fotis Dulos’ mother-in-law Gloria Farber, the issue of custody over the Dulos’ five children and the ongoing divorce case.

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• Bloody T-Shirt Among Items Found In Missing Mom Case: Update

A probate court judge assigned guardianship of the children to Farber in November and removed Fotis Dulos and Jennifer Farber Dulos. Farber was granted custody of the children after Fotis Dulos arrest.

Rochlin noted that Dulos hasn’t been able to see information related to his children’s academic and medical records despite requests. He hasn’t been allowed to contact his children as a condition of his bail and last had contact with them on May 22, according to the Connecticut Post.

“Mr. Dulos’s parental rights have not been terminated and he is presumed innocent of all criminal charges currently pending against him,” Rochlin wrote. “A motion to dismiss such charges is also pending…”

The Dulos divorce case last had activity in early September, according to court records. Jennifer Dulos filed for divorce from Fotis in 2017. Rochin argued that not dismissing the divorce case would lead to the same motions being made in different court systems in front of as many as three different judges, which could lead to conflicting orders.

“In the last five months, neither the plaintiff nor her legal team has filed any pleadings or made any markings designed to prosecute this action and bring it closer to trial,” Rochlin wrote, noting that the court hasn’t taken action to move the case closer to trial. “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.”