Bridgeport, CT Metro Family and Personal Injury Law Blog

Connecticut General Statutes § 52-466(f) permits a foster parent to make application for a writ of habeas corpus regarding the custody of a child currently or recently in his/her care for a continuous period of not less than ninety days.

The purpose of a foster parent filing a writ of habeas corpus is to prevent a child from being removed from the foster parent's care - essentially requesting an injunction pending further judicial review of the child's custody.  

A recent case limited the foster parent's right to use a writ habeas corpus to 1) only those cases where parental rights have been terminated and 2) where there are no other court proceedings pending involving the child.

The case opinion is here:

K09CP11012765 - Traci H. et al. v. DCF - CT Superior Court

Foster parents do have some rights in court.  These include C.G.S.§ 46-129(o) allowing foster parents to be heard concerning the best interest of a foster child and Practice Book § 35a-5 mandating that DCF provide notice to foster parents of any court proceeding.  In other very fact specific cases foster parents may also request to be made a party to the case through a Motion to Intervene.

Foster parents also are entitled to an Administrative Hearing when DCF seeks to remove a foster child that has been in the foster parent's care for at least one year. 

You are contemplating divorce.  Let's say you have been married 7, 8 or 9 years.  Historically, your earnings are substantially lower than your spouse's.  Before you file for divorce, you should be aware of the "10 year rule" relating to Social Security retirement and disability benefits.  You may be wise to wait to file that divorce.

The general rule is that if you are married for 10 years or longer, the divorced spouse with the lower earnings record can collect Social Security benefits based on the record of the higher earning spouse.  Nice huh?

In addition to being married for 10 years, here are the other key points:

1. Your former spouse must be entitled to Social Security benefits;

2. You must be unmarried at the time you collect the benefits;

3. You must be 62 years of age or older; and

4. The benefit you would entitled to based on your own earnings record must be less than the benefit you would receive based on your former spouse's earnings record. 

And don't worry - there's no reason to argue about it.  You opting in on your spouse's record doesn't reduce his or her benefits.  In fact, consideration should be given to this benefit when negotiating the terms of your divorce; especially other retirement benefits.

But do watch out. If you remarry, you cannot collect on your former spouse's record unless your subsequent marriage ends by death, annulment or divorce.  See number 2 above.  Therefore, it's prudent to examine your financial circumstances carefully if you are considering getting remarried in your late 50's.

The operative date for the 10 years is the date your divorce is finalized  - not the date the divorce is filed. 

Check out the link below for more detailed information on this topic:

Retirement Planner: If you are divorced

A recent article by the Associated Press discussed the implications of a 2005 change to Connecticut's medical malpractice law. That change was meant to keep frivolous medical malpractice lawsuits out of the court, but has kept legitimate cases out as well.

The 2005 change requires medical malpractice patients to obtain a medical expert's opinion in favor of their claim before they are allowed to bring a lawsuit alleging a medical professional's or hospital's negligence. While the requirement doesn't seem difficult on its face, it provides an opportunity for defendants and their attorneys to attack the experts' credentials and, if successful, get the case dismissed.

Over the last few years, studies have underlined the dangers that drivers face on Connecticut's roads.

In the 2011 Allstate America's Best Drivers Report, both Hartford and Bridgeport were ranked among America's 193 most dangerous cities for car accidents. Hartford was number 187 and Bridgeport was number 173.

And according to the National Highway Traffic Safety Administration's (NHTSA) 2010 Motor Vehicle Crashes Overview, Connecticut car accident fatalities rose 42 percent between 2009 and 2010 - more than any other state.

I recently posted a blog on the differences between a same sex divorce in Connecticut and a "traditional divorce."     These differences result because same sex marriage is not recognized at the federal level.  This includes federal tax treatment.

Connecticut, which has legalized same sex marriage, allows same sex couples to file joint state returns.  However, it has been estimated that same sex couples pay approximately $6,000 more per year in federal taxes since they cannot file joint federal returns. 

Here is a post detailing a few of the other ways that same sex couples get hit hard at tax time:

All Couples Are Not Created Equal in the Tax Code - DailyFinance

A study by the National Academy of Sciences recently found that the National Highway Traffic Safety Administration (NHTSA) does not have the expertise to properly examine and monitor vehicles with advanced electronics.

Car manufacturers are installing increasingly sophisticated hardware and computer software in cars. Just like other systems, these electronics can malfunction and potentially cause serious car accidents. If an accident occurs, the NHTSA can investigate to determine what went wrong, whether the issue is widespread and how to prevent similar accidents.

In November 2008, Connecticut legalized same sex marriage.  So, now that Connecticut recognizes same marriages how are same sex divorces handled?

As a general rule, the procedure and the law which is applied in a same sex divorce is similar to a "traditional" Connecticut divorce. The differences that do arise have to do with federal law.

In 1996, the Defense of Marriage Act (DOMA) was enacted.  This act specifically defines marriage as a union between a man and a woman.  Therefore, federal law does not recognize same sex marriages.  As a result, same sex divorces may differ from "traditional divorces" in the following ways:

1. Federal tax consequences.  Same sex couples cannot file joint federal tax returns and cannot claim each other as a tax exemption.  However, same sex couples are able to file joint Connecticut tax returns. 

2. Social Security. A same sex spouse is not entitled to survivor benefits.

3. Retirement Plans.  Certain retirement plans, like a federal pension, may not allow a distribution to a same sex spouse.

4. Child custody.  If a parent relcoates to a state that does not recognize same sex marriage, custody orders may not be enforced and the collection of child support difficult.

5. Alimony/spousal support.  Alimony is taxable to the recipient and a "write off" to the payor.  The IRS however has no regulations to address the tax consequences of alimony in the context of a same sex divorce. 

Although the laws in Connecticut do not distinguish between a same sex divorce and "tradtional" divorce, it is vital to understand the impact of federal law when negotiating a same sex divorce settlement.  

In Connecticut, parents involved in a divorce or initial custody action must complete a Parenting Education Program if the case involves children under age 18.

The program is designed to educate parents on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management for parents, guidelines for visitation, stress reduction in children and cooperative parenting.

The feedback I have received from clients regarding the program has generally been positive.  Although parts of the program may seem elementary to some participants there is surely something to be learned by virtually any parent.

A few points:

Parents may attend together but are not required to do so.

Online courses do not fulfill the requirement.  Online parenting courses do not provide for interactive participation through questions and answers and role playing scenarios.  In addition, since the Parenting Education Program is ordered for the benefit of the children, the convenience of the parents should not be the primary consideration.

The Notice of Automatic Orders requires that parents complete the program within sixty days of the commencement of the case.   However, the issue of whether a parent has completed the program does not usually arise until the case is disposed unless the case has had extensive court involvement.  Nothwithstanding, I encourage parents to complete the program as soon as possible so they may put into play what they have learned.  

Completion of the Parenting Education Program is amongst the "best interest" factors a judge may consider when deciding custody and visitation issues.

Here is a recent online article concerning a local agency and the Parenting Education Program:

Parent education program helps children during divorce

On Sunday afternoon, an operator was killed in a Bridgeport construction accident while grading a slope with a mini-excavator. The man was working on a hill when the excavator rolled backwards, ejecting the operator and then trapping him against a house.

According to the East Side Assistant Fire Department, the man was not wearing a seat belt at the time of the accident. The operator passed away from serious torso injuries. This Connecticut construction accident happened at a house owned by the Bridgeport Housing Authority.

Just read a great article setting forth a list of "rules" of how children of divorced parents want to be treated and how they expect their parents to behave.  The list was complied by a group of children ages 10 - 12 when they were asked to create a set of rules that they wish their parents would follow to ease post divorce stress.

A few of on the list such as "Don't say bad things about the other parent", "Don't make me feel bad for loving the other parent", and "Don't make me choose sides", are examples of how even young children detect forms of parental alienation.

Two statements on the list touch on domestic violence: "No fighting in front of us", and "Don't take your anger out on me." 

The one I like I best is: "Keep us out of the adult stuff."  That statement alone encompasses many of the others on the wish list.   Let kids be kids.  Allow them to enjoy their childhood and insulate them from the court proceedings and adult nonsense.

Parents and attorneys should keep these principles in mind when crafting Parenting Plans.

Here is the article:

Kara Bishop: If Your Kids Could Make the Rules of Divorce