Fotis Dulos has filed a motion to dismiss his divorce case with missing New Canaan mother Jennifer Dulos.
Jennifer has not been heard from since May 24. Police have said they do not believe she is alive. Jennifer and Fotis were in the midst of a divorce when she went missing.
Fotis is charged with hindering prosecution and evidence tampering in connection with Jennifer’s disappearance.
His girlfriend, Michelle Troconis, was also charged in the case. They have both pleaded not guilty.
Right now, Fotis and Jennifer’s five children are in the custody of Gloria Farber, Jennifer’s mother.
In a filing dated Thursday, Fotis’ legal team argued that his parental rights have not been terminated and that he wants access to his children. The document claims that Farber has been unwilling to share information about the children with Fotis.
Fotis' divorce attorney, Rich Rochlin, said right now there are essentially three parts to the custody dispute - the divorce case track, the probate court track, and juvenile court. Farber obtained custody of the children in probate court, but she has not moved forward in seeking custody in the divorce case.
Rochlin said they hope to dismiss the divorce case to streamline the process.
"We’re trying to make use of the resources that are available to us and rather than have different fronts available moving forward to seek access to the children," Rochlin said. "It makes more sense to focus in one court where you have one judge that can make a decision as opposed to having multiple judges make multiple decisions."
Rochlin argued that despite the criminal charges against him, Fotis is presumed innocent and that he should not be kept from his children.
"Our view is, it’s a presumption of innocence and until such time that he’s adjudicated to have something to do with this, we have to give him, he’s required to have the presumption of innocence and he should be allowed to see his children. His rights have not been terminated," Rochlin said.
A hearing regarding custody is set for January 9, the same day a pre-trial hearing is set in the criminal case.
NBC Connecticut reached out to Farber's attorney for comment.
