A Petition for Removal of Guardian is filed in the Probate Court by using Form PC-500.
The Probate Judge usually requests the Department of Children and Families (DCF) to conduct an Investigation and file a report concerning the parents, the allegations and a recommendation regarding the suitability of the proposed guardian. This can take up to sixty days. If there are emergency circumstances, like when the health or welfare of a child is danger, a judge can award temporary custody of the child to a suitable caregiver while the underlying transfer of guardianship is pending.
Once the DCF Study is filed with the Probate Court, a conference will be scheduled to review the recommendations. In those cases where the parent(s) and the prospective guardian do not agree as to a guardianship arrangement then a trial will be held for the judge to decide the Petition for Removal of Guardian.
For a parent to be removed as guardian, a judge must find at least 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. Guardianship continues until the Court appoints another guardian or the child turns age 18. Unlike an adoption, a parent may petition the Court to have their guardianship reinstated.
Connecticut Guardianship Attorney
I represent clients in estate administration matters and in Probate Courts though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.