There are three ways to establish paternity in Connecticut:
1. Marital presumption. There is a presumption that the husband is the biological father of any child born during a marriage. This can be rebutted by clear and convincing evidence in court that the husband is not the child’s biological father.
2. Acknowledgement of Paternity. This is a form signed by parents agreeing to who the biological father is. It can be signed at the hospital when the child is born. It can also be completed later at the Department of Social Services or Department of Public Health.
3. Court Finding. This becomes necessary when the parents are unmarried and they are not willing to sign an Acknowledgement of Paternity. A judge will usually order genetic (DNA) testing to determine paternity. If the putative father seeks to establish paternity he must file a Paternity Claim in the local Probate Court. If the mother is the requesting party, she files in the Family Court or through the Department of Social Services in the Family Support Magistrate Court.
Establish Paternity in Connecticut
Paternity is the legal identification of who the biological father of a child is. Once paternity is established the father gains legal rights to the child. Those rights are the equivalent to those of the mother – they are on a level playing field. This comes as a surprise to some people. Neither parent has superior rights to the child. Both parents are joint guardians unless a court says otherwise.
Of course, both the father and mother have obligations to support the child. Therefore, paternity is the first step in establishing a Parenting Plan including setting custody and child support.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning this topic and to schedule a consultation concerning how to establish paternity in Connecticut plus everything that goes with it.
A Modification of Physical Custody requests that a judge change where a child lives. It is also referred to as a Modification of Residential Custody.
Modification of Physical Custody Lawyer – Fairfield and Stamford
The judge must first decide whether there has been a “substantial change in circumstances” since the last custody order. For example, the current custodial parent falls on hard times (i.e. substance abuse, untreated mental health, housing issues). Or the child is not doing well academically or socially in their current environment. Plus an older child who wants to live with the other parent usually qualifies. These are just a few examples. There are countless others that are unique to the particular circumstances of a family. The point is that minor changes won’t cut it – the motion will be dismissed.
If the judge decides that there has been a sufficient change – then the door is open. The judge can modify the custody arrangement. In doing so, the judge will consider the best interest factors set forth in Connecticut General Statutes Section 46b-56.
In my experience, the following are the most important for a Modification of Physical Custody:
- The stability of the child’s existing residence compared to the other, proposed residence
- The length of time the child has lived in an environment and the desirability of maintaining that continuity
- The child’s adjustment to his or her home, school and community
- The past and current interaction and relationship of the child with each parent
- Any relevant information obtained from the child including their informed preference based on their age and maturity
If custody is modified other changes may need to be made such as child support and what access the other parent will have to the child.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning this topic and to schedule a consultation concerning a Modification of Physical Custody.
Shared Physical Custody is becoming more and more common in Connecticut Family Court This is true whether the case involves unmarried parents or parents going through a divorce.
Shared Physical Custody Lawyer – Fairfield and Stamford
Physical Custody, also known as Residential Custody, is where a child lives. So in a Shared Physical Custody situation, each parent has substantial parenting time at their place. Essentially, the child has two homes.
Shared Physical Custody means relatively equal parenting time. It does not necessarily mean an exact, equal division of parenting time. When parents count hours or minutes they lose sight of whats best for their child.
Although this type of Parenting Plan is trending, there are instances when it just will not work.
Here are some examples:
- Families with a lot of conflict – what us lawyers refer to as a “high conflict” case. The essence of Shared Custody is co-parenting. When parents cannot cooperate this arrangement almost always fails.
- Families with young children – usually under the age of 4. Most mental health professionals believe that these children need one, consistent home.
- A child with special needs usually benefits from one consistent environment.
- One the parents has “fitness” issues. For example, untreated mental health, substance abuse, criminal activity are at the top of the list.
- A history of the domestic violence between the parents.
- Geography can be a deal breaker. The proximity between the residences creates long days and unpredictability in a child’s routine. Its difficult to state how far is too far, Neighboring towns are certainly fine. General rule is the greater the distance the less likely Shared Physical Custody is best for the child.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information and to arrange a consultation about Shared Physical Custody.
A DDS Registry Appeal is an employee’s chance to clear their name. A successful appeal keeps their name of the Registry thereby allowing them to pursue employment in their chosen field.
DDS Registry Appeal Lawyer
The DDS Registry is a data base of employees who were either fired or left a job because they allegedly abused or neglected a person with an intellectual disability. Employers must check the Registry before offering employment to anyone. If you are on the Registry, you cannot work for DDS or any of the agencies who provide services to those with intellectual disabilities.
The Appeal is an Administrative Hearing presided over by a Hearing Officer. At the hearing, the agency who conducted the investigation will present evidence first. They will detail the sources, documentation and other information which they relied on in reaching their conclusion. They are subject to cross-examination by the employee’s lawyer.
Then the employee gets to present their side of the story by testifying and offering exhibits. They can also call other witnesses to support their position.
The primary issue to be decided is whether the allegations of abuse or neglect which were substantiated by the agency are supported by a “preponderance of the evidence.” In every day language, this means more likely than not.
The Hearing Officer has ten business days to issue a proposed decision. The employee and DDS then have ten business days to submit written comments in support or in opposition to the proposed decision.
If the employee wins, their name is off the Registry. If they lose, they can take a further appeal to the Superior Court. However, appeals to the Superior Court are rarely successful. Therefore, it is critical to get it right the first time.
Due to the complexity of these cases, there is a consultation fee to assess the strengths of your appeal and the likelihood of success.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for a consultation concerning a DDS Appeal.
A Connecticut Custody Modification involves changing the current Parenting Plan. Specifically, it requests a change of residential custody from one parent to the other. It may also be used to modify joint legal custody to sole custody – or vice versa.
Multiple court appearances are required if there is no agreement. The judge will usually order Family Relations to perform a Study. The turn around time is between 2 – 4 months. If there is still a disagreement after the Study is completed, a guardian ad litem (GAL) may be appointed. The GAL’s role is to advocate for the child.
If all settlement efforts have been exhausted, then the custody modification will be decided at a trial.
At trial, the judge is required to make two separate findings:
1. The judge must first make a preliminary finding that there has been a “substantial change in circumstances” since the date of the last custody court order. If the parent who filed the motion cannot meet this initial threshold, the request will be denied. The current court orders will therefore remain in effect. The purpose is prevent a frivolous requests for a custody modification and to avoid relitigating issues which have already been decided.
2. Assuming there has been a “substantial change in circumstances” then a judge may decide to modify custody based on what is the in the child’s best interest.
Contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 to discuss custody modification.
I get questions from time to time about Connecticut bankruptcy and divorce. The questions usually fall into two categories. The timing of a bankruptcy filing and how divorce debts are impacted by a later divorce filing.
I do not recommend filing for bankruptcy and divorce at the same time. When a bankruptcy is filed, an “automatic stay” goes into effect. This stay essentially freezes your assets and property. So a divorce judge will not be able to divide assets while a bankruptcy is pending. Then your divorce case gets dragged out resulting in an emotional and financial mess. If spouses can cooperate with one another, bankruptcy first usually makes sense. But with divorce on the horizon I understand this is not always possible.
If the divorce is filed first, there must be consideration as to how a subsequent bankruptcy filing could screw things up. Divorcing couples tend to think more short term. Thinking long term makes sense here. The biggest issue pivots around what divorce orders could potentially be effected. More specifically consider what divorce debts can and cannot be discharged in bankruptcy.
Here is a short list of debts that cannot be discharged:
- Alimony
- Child Support
- Student Loans
- Attorney fees or guardian litem fees
- Court fines or penalties
- Fines or penalties to government agencies.
Beware of credit cards. These debts can be discharged. As part of your divorce, you have to know how the card is “held.” If you are only an “authorized user” you have have no liability to pay the card. However, with a jointly owned card both spouses are potentially responsible to the bank for the full amount. Not half the amount – the total balance. So if your ex discharges a joint card in bankruptcy the lender is coming for you.
Contact me by email or call me in Fairfield at (203) 259-5251 or in Stamford at (203) 356-1475 if you have questions about a Connecticut divorce.