Connecticut Custodial Interference is defined as follows:
In the first degree: Class D felony. “(a) A person is guilty of custodial interference in the first degree when he commits custodial interference in the second degree as provided in section 53a-98: (1) Under circumstances which expose the child or person taken or enticed from lawful custody or the child held after a request by the lawful custodian for his return to a risk that his safety will be endangered or his health materially impaired; or (2) by taking, enticing or detaining the child or person out of this state.” Conn. Gen. Stat. § 53a-97
In the second degree: Class A misdemeanor.” A person is guilty of custodial interference in the second degree when: (1) Being a relative of a child who is less than sixteen years old and intending to hold such child permanently or for a protracted period and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian; (2) knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or any person entrusted by authority of law to the custody of another person or institution; or (3) knowing that he has no legal right to do so, he holds, keeps or otherwise refuses to return a child who is less than sixteen years old to such child’s lawful custodian after a request by such custodian for the return of such child.” Conn. Gen. Stat. § 53a-98(a)
Many police departments don’t enforce Connecticut Custodial Interference – or at least not as often as they should. A police officer may say something like: “Its a civil matter – take it up with a judge.” If you are faced with that scenario you should file a Motion for Contempt immediately. Do not allow a pattern of this type of behavior by the offending parent. Take action. You may also have a basis to file a Motion for Modification of Custody or Visitation if the offending parent has a history of withholding parenting time without justification.
I represent parents throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about Connecticut Custodial Interference. Or reach out if your parenting time with your child is being withheld by the other parent.
Important case involving Connecticut DCF medical decisions. DCF cannot authorize vaccinations for children in their custody. That’s the recent decision from the Connecticut Supreme Court. Read more about it below:
Conn. Supreme Court: DCF Can’t Mandate Vaccinations Over Parental Rights | Connecticut Law Tribune
The Court’s ruling seems to be rather narrow. Essentially, vaccinations are not medical treatment because they are taken to cure an injury or disease. Therefore, parental consent is required.
Its clear that for medical emergencies DCF has authority to act without parental permission. But where is the line drawn between DCF acting unilaterally and being required to get the parent’s consent?
So – the question remains is this decision limited to vaccinations?
Or is DCF limited in other aspects of medical decision authority over children in it’s custody?
I expect some DCF based legislation to be promoted to clarify this murky issue.
For now, chalk one up for the parents.
Connecticut divorce and pet custody issues are on the rise. In the past, spouses going through a divorce focused on money and of course the children.
Now there is a trend to have issues concerning pets addressed as a part of final divorce orders. Or if no agreement can be reached, spouses are taking these issues and pet custody to trial.
Also, more and more clients are addressing pet custody in their Prenuptial Agreement or Post-nuptial Agreement. Smart idea. Doing so, often eliminates this becoming a battle in the event of divorce. By providing provisions for the family pet in advance, legal fee on this issue can be minimized.
This is an evolving area of law. While pets are still considered personal property, an increasing number of judges are allowing for both spouses to have time with the pet.
If children are part of the divorce, judges will often consider the Parenting Plan in determining where the pet lives. The attachments between a child and the family pet are important to a judge. Therefore, the pet usually follows the child.
In the article below, you can see my interview quotes on this topic published in the Connecticut Law Tribune.
Stamford and Fairfield Pet Custody Attorney
I represent clients in Family Court and divorce proceedings 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.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have a divorce and pet custody dispute. As part of a consultation, I can walk you through the process and provide an overall assessment of your case.
Pendente lite legal fees are ordered by a judge while a divorce is pending.
If your spouse is in control of the finances he/she may try to put you at a disadvantage. They have the resources to retain a lawyer of their choosing. They have the funds to pay for expert opinions concerning finances, values of property and what is best for the children. They also have the money to drag the case out and wear you down. After all, as the “monied” spouse they have the financial ability to continue litigating with little motivation to settle – unless of course on their terms.
As a spouse without the money to retain a lawyer you have the following options.
Represent yourself. The price is right but the cost in the future is immeasurable if mistakes are made.
Find a pro bono lawyer. This is usually only available in cases where the spouse has no income or the case is straightforward.
Request financial assistance from family and friends. Good but strings attached?
File a Motion for Pendente Lite Legal Fees requesting that a judge order your spouse to pay for your legal fees. This is the best option if there are sufficient liquid assets in the marital estate and those assets are controlled by your spouse. This option allows you to hire the attorney you wish to have represent you and also discourages the other spouse from playing the delay game. In short, the rights of both spouses are protected and neither spouse is denied the opportunity to retain the divorce attorney they want.
Divorce Legal Financing. This is becoming more common. Certain investment companies find your divorce. They allow you to essentially borrow money to retain legal counsel and you pay it back once your case is over.
I represent clients in divorce matters throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Shelton, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my office online or by calling me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation concerning pendente lite legal fees in a Connecticut divorce.
An executor in Connecticut is a person named in a will to settle an estate. The executor is chosen by the individual making the will. If there is no will, the Probate Court will appoint an administrator to handle the estate.
Within thirty (30) days of the decedent’s death, a Petition/Administration or Probate of Will must be filed in the Probate Court along with the original will and the death certificate. The Court will then schedule a date for interested parties to be heard on the admission of the will and on the appointment of the executor.
Duties of an Executor in Connecticut
1. Gather all the decedent’s assets. Once the executor takes possession of the assets a separate estate account should be open. Do not commingle estate assets. Ever.
2. Record the Certificate of Land Records of the decedent owned real estate. The Probate Court will provide the certificate.
3. File an Inventory of estate assets. This must be done within two months of being appointed.
4. Deal with creditors. Within 14 of the executor’s appointment, the Probate Court will publish a notice in the local newspaper notifying any creditors to present their claims within five months. The executor must ultimately determine the legitimacy of these claims. A List of Claims must be filed with the Court.
5. File tax returns. Connecticut estate tax returns must be filed and potentially federal returns depending on the size of the estate.
6. Finalize the estate. File a Financial Report or Accounting and distribute the remaining assets to heirs.
A few notes. An executor will usually be required to post a probate bond to make sure that creditors and beneficiaries are protected. However, bond can be waived in some cases. It usually takes about a year to administer an estate. Finally, while it is not required, an executor may want to retain an attorney. This is especially true if the estate has significant assets, there is a dispute among the parties or is otherwise complicated.
I represent clients in probate matters throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Shelton, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my office online or by calling me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation concerning an appointment as an executor in Connecticut.
A Proposed Parental Responsibility Plan must be completed if there is a dispute about a child’s custody, visitation or decision making. The form must be filed in the Family Court on before the Case Management Date in any pending divorce, legal separation or custody action in Connecticut.
Each parent is required to file their own proposed Plan which must set forth the following:
- Where the child will live
- How decisions concerning the child’s health, education and religious upbringing will allocated
- A mechanism for dispute resolution (i.e. co-parenting counseling, mediation etc.)
- The consequences of a parent failing to follow the terms of the Plan (i.e. Contempt, forfeiting responsibilities)
- How to adapt to the changing needs of the child
- There is also the option to propose terms unique to the particular circumstances of the family
At the Case Management Date, the judge will usually send the parents to Family Services to discuss their respective plans. If no agreement can be reached, Family Relations may be ordered to perform an Evaluation. A guardian ad litem or attorney for the child may also be appointed.
The proposed plan is not nearly as detailed as a final Parenting Plan. The notion is to put the judge and the other parent on notice as to the more important aspects. The fine points will be taken up as the final Parenting Plan is constructed or at a custody trial, if necessary.
I help clients with Parenting Plans though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning a Proposed Parental Responsibility Plan.