Guardianship of children includes the authority to make major decisions affecting the child’s education, welfare and medical treatment.
In Connecticut, birth parents (whether or not married) are automatically the joint guardians of the child. Therefore, both parents have equal rights and responsibilities with respect to the child unless a court decides otherwise.
The process of removing a parent as a child’s guardian, starts with an Application filed in the Probate Court. Then the judge usually requests the Department of Children and Families (DCF) to conduct an Investigation and file a report concerning the allegations in the Application. This takes about sixty days.
If the health or welfare of a child is danger, a Probate Court can award temporary custody of the child to a suitable caregiver while the Application for Guardianship is pending.
For a parent to be removed as guardian, a judge must find one of the following:
- The child has been abandoned;
- The child has been denied proper care;
- The child has non-accidental or unexplained injuries;
- The child has been neglected or uncared for; or
- The parent agrees to their removal as guardian.
In appointing a guardian of a child, the court will consider:
- The ability of the prospective guardian to meet the physical, educational and emotional needs of the child;
- The child’s wishes if over age 12 or sufficiently mature to make an intelligent preference;
- The nature of the relationship between child and potential guardian; and
- The best interest of the child.
In Connecticut, there is a presumption that the appointment of a grandparent or other blood relative as guardian is in the best interest of the child.
Please contact me to discuss guardianship of children in Connecticut.