In troubled economic times relationship decisions take on a whole new light. Marriage and divorce are not always about being in love – now these decisions are also about financial consequences.

Many couples contemplating marriage are taking financial precautions to protect their assets in case the marriage doesn’t work out. Prenuptials are one of the most common ways for engaged individuals to protect themselves financially, although for some “divorce insurance” provides a different level of financial protection.

 

 

What are the biggest issues or changes in family law over the last years?

In no particular order:

1) The economy – Are couples “staying together” because it’s financially prudent to do so? How about the spike in post judgment modifications of financial orders?

2) Rights of same-sex couples – First Civil Unions. Then in 2008 same sex marriages were legalized in Connecticut. Recently, the Connecticut Supreme Court held that a same-sex couple could both be placed on a child’s birth certificate notwithstanding the clear absence of a biological connection between the child and one of the parents.

3) The internet and social media – You wouldn’t be reading this blog (or any other blog) 10 years ago. You also wouldn’t be able to track your spouse’s actions on Facebook or My Space or find information in an “email trail”. The admissibility of this evidence typically depends on how it was obtained and whether it was truly in the public domain. However, this is an area that continues to evolve and play a role in family law litigation.

4) Rights of fathers – There appears to be an increase in father’s being awarded more “parenting time with their child(ren) as well an increase in father’s obtaining residential custody. The term “visitation” has been replaced with “parenting time” in part to emphasize the importance of both parents playing an active role in the lives of their child(ren).

5) Self represented litigants (pro se) – This may be a reflection of the poor economy. It could also be a result of the improved and “user friendly” forms which are available online. Or maybe it’s the product of the resource centers located at many of the state courthouses where self represented litigants can seek assistance.

 

 

A child is removed from his or her biological parents due to an allegation of abuse or neglect. The child is placed in foster care by DCF. The foster parents have been licensed by DCF. DCF has performed their “due diligence.” The child will now be safe. After all, the child was removed for its own protection.

Tragically, this was not the case for a six-month-old infant placed in a foster home in Westport, CT. The baby was the victim of “shaken baby syndrome.” The perpetrators? The foster parents. Westport Police arrested the couple on January 20, 2011.

Read the full article here: http://www.ctpost.com/default/article/Westport-foster-parents-charged-with-child-abuse-969980.php

 

You were involved in a car accident. An adjuster representing the insurance company of the other driver calls you. He or she wants information from you. Should you speak to the adjuster?

Generally, no. Think of the insurance adjuster as of detective for the insurance company. They are trained in eliciting information from you which, even though it seems harmless at the time, can significantly affect the settlement of your claim.

Connecticut automobile/car accident cases consist of two important yet distinct issues:

  1. Liability (who is at fault or what event caused the accident), and
  2. Damages (what are your injuries and property damage as a direct result of the accident)

As to liability – the adjuster will attempt to “pin” the cause of the accident on you if at all possible. This is true even if the police issued a ticket to the other driver or gave them a verbal warning. If the adjuster concludes that you are at fault (or partially at fault) your case will come to a screeching halt and the monetary damages to which you may have been entitled to by way of settlement will either be greatly reduced or no money may be offered to you at all.

As to your damages – the adjuster will ask questions designed to gather information to determine the severity of your injuries. Your answers may minimize or altogether eliminate compensation for your injuries at the settlement stage. The adjuster will ask: When did you first receive medical treatment? From whom? Are you still treating? Have you lost time from work? How has the accident affected you day to day?

The adjuster may also request that you execute medical releases or authorizations allowing the adjuster to gather your medical information. Ordinarily you should not sign these releases until an attorney has had an opportunity to review them as they are often overbroad and allow the adjuster access to otherwise confidential information.

Typically, the best approach when an adjuster calls is to simply get their name, contact information and the accident claim number. Then politely advise the adjuster that once you are in a position to discuss settlement you or your attorney will contact them.

Former Connecticut Supreme Court Justice Joette Katz has been nominated by Gov. Dannel Malloy as the Commissioner of the Department of Children and Families (DCF). Since her nomination, Katz has spent considerable time meeting with DCF employees in an effort to gain additional insight into the agency.

Although her nomination has not yet been officially approved by the Senate and the House of Representatives, Katz has already formed a team of experts to determine the current strengths and weaknesses of the often criticized agency. Inexplicably, the team does not include any attorneys who are in the trenches on a daily basis such as a Commission on Child Protection (CCPA) attorney or an Assistant Attorney General (AAG) who represents DCF in child protection matters.

Katz is considering the idea of reorganizing the current management structure at DCF by eliminating multiple levels of decision makers in an effort to improve relationships between DCF and the families it is intended to serve.

As a mentor to four children in foster care Katz has learned first hand that DCF needs to listen more to families and children.

Any further thoughts on how to improve DCF?

Read the full article here: http://www.middletownpress.com/articles/2011/01/19/news/doc4d367faf14cad882362529.txt

Informative article in the NY Daily News on January 8, 2011. The article suggests that rather than leaving a pet in their will that the pet owner should create a pet trust and name the trust as a beneficiary of the life insurance policy. Connecticut recently enacted a statute authorizing the creation of trusts for the care of domestic animals – C.G.S 45-489a.

Read the full text of the Daily News article here:

http://www.nydailynews.com/lifestyle/pets/2011/01/08/2011-01-08_orphaned_by_blizzard_owner_dies_in_storm_cats_left_with_no_home.html

 

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