STAMFORD, CT (WFSB) -- Estranged husband Fotis Dulos filed to dismiss the divorce case with his missing wife from New Canaan, Jennifer Dulos.

In a court document obtained by Eyewitness News, Fotis Dulos is seeking custody of their five children following a contentious divorce and custody battle.

Jennifer Dulos, 50, went missing on May 24 and was last seen dropping her children off at school.

Fotis Dulos, 51, was charged with tampering with or fabricating physical evidence, and hindering prosecution, in connection to his wife's disappearance.

TIMELINE: Events surrounding New Canaan mom's disappearance

Jennifer filed for divorce in 2017, but there has been little progress in the case since she went missing. 

"I would be very surprised if this motion is granted," said Attorney C. Michael Budlong. 

In the motion, Dulos' lawyer says the case should be dismissed because of Jennifer's disappearance. 

Lawyer Richard Rochlin says he can't question Jennifer or request information while she is missing, but Budlong doesn't think the argument will work. 

"It would seem there's a lot of things they could do to attempt to move the case along so that the court would then be frustrated," Budlong said. 

Channel 3 reached out to Rochlin, as well as lawyers for Jennifer and her mother, Gloria Farber. They did not return our requests for comment. 

Dulos says he intends to seek custody of the children, but through juvenile court. The children have been living with Farber in New York since Jennifer went missing. 

A divorce hearing will take place at Stamford Superior Court on Jan. 9.

Fotis Dulos filed to dismiss the divorce case with his missing wife from New Canaan, Jennifer Dulos.

To see the full court order, click here.

Copyright 2019 WFSB (Meredith Corporation). All rights reserved.

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(1) comment

DOGSRGRT

The man is crazy and how can he expect to get his kids when he has felony charges pending. I would think they would have to wait to see if found guilty or not. We know he is GUILTY, no question about it, and if she is not here to talk should not be able to close case either. Well since Fotis is doing this he knows for a fact and just proved it that she is dead and he killed her that is how he knows she is never going to get her divorce from him. He is a very disgusting man.

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