Filing a Motion for Contempt for Parental Alienation deals with the offending behavior head on.
Is one parent causing the child to turn on the other? Has the parent-child relationship been damaged by the words or actions of the custodial parent?
Any well drafted Parenting Plan has language that forbids parents from engaging in alienating behavior. For example, “Neither parent shall do or utter anything that would estrange the child from the other parent or injure the opinion of the child as to the other parent.” Other common prohibitions include: “Neither parent should act in such a way as to hamper the free and natural development of the child’s love and respect for the other parent.” There are other variations off this theme.
Sound familiar? If this type of language is part of your Parenting Plan then the parent is legally bound by court order to follow it. If they’re not, then file a Motion for Contempt. Now.
And here’s why you should:
The dynamic rarely, if ever, gets better without holding the offending parent accountable. This is why if you are the targeted parent you have to be proactive. You have to move quickly to regain access to your child. Time is the enemy of the targeted parent and the ally of the offending parent.
In addition, do not allow the child, even an older teenager, to decide when he or she will see you. Sure there are exceptions but you are the adult – you set the rules. This plays out as a result of the offending parent suggesting a “cooling off” period between you and your child. The cooling off period will turn to ice and it won’t thaw.
Move quickly when there is parental alienation.
Email me or call me in Fairfield at (203) 259-5251 or in Stamford at (203) 356-1475 to discuss Contempt for Parental Alienation.
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.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you wish to discuss a Petition for Removal of Guardian in Connecticut.
News of the Stamford Juvenile Court closing has not been well received . Not good for the parents and children who live in lower Fairfield County and even worse for those families that rely on public transportation to get to and from court appearances.
No specific date has been set for the closing but it will take place some time before the end of 2016. All cases will be then be heard at the Bridgeport Juvenile Court, 60 Housatonic Avenue.
Danbury Juvenile Court is also closing. Their caseload will be divided between Bridgeport Juvenile Court and Waterbury Juvenile Court. As of this writing, the specifics have not yet been determined.
I know some members of the bar and court personnel are not yet convinced that these closings will occur. They believe that those with political “juice” will be able to allow these courts to remain open.
Here is a letter announcing the closings: Juvenile Court closures
DCF Commitment of a child means that custody and guardianship of a child is transferred to DCF.
For a child to be committed to DCF, there must be two separate court findings
Adjudication of the Neglect Petition. A Juvenile Court judge must find that the child was neglected, abused or uncared for. This can be done without a trial where the parent enters a “no contest” plea to one or more of the allegations in the Neglect Petition. When a parent continues to deny the allegations then a trial will be held. At the trial, DCF must prove that the child was neglected, abused or uncared for by presenting witnesses and offering other evidence to attempt to establish their case. If the judge does not find in DCF’s favor then the child cannot be committed to DCF – the court case is over.
Disposition. However, if DCF proves at least one of the allegations in their Neglect Petition, then the judge must decide what outcome is in the best interest of the child. There are several different alternatives. The judge can allow the child to remain (or be returned) to a parent(s) under certain conditions and with continued DCF and Court oversight. This is Protective Supervision. However, if the judge determines that a child should not be returned to either of the parents at this time then guardianship will be removed from the parents. The guardianship can be transferred to a third party (usually a relative) or DCF.
When guardianship is transferred to DCF it is called a Commitment.
Email me or call me at (203) 259-5251 to discuss DCF Commitment.
Generally speaking juvenile delinquency in Connecticut Juvenile Court involves the violation of a state or federal law by someone under the age of 18. In other words, the police allege they have committed a crime.
The Juvenile Court does not usually use the term felony or misdemeanor. Instead, the important distinction for a Connecticut delinquency case is whether the alleged offense is a “delinquent act” or a “serious juvenile offense” (SJO). Check out this blog for a partial list of SJOs.
A delinquency case can be addressed informally by a juvenile probation officer or handled formally in court before a Juvenile Court judge. The cases that typically go before a judge are the more severe offenses or if the child has had past referrals to the Juvenile Court.
Here are the possible outcomes for a Connecticut juvenile delinquency case:
- A “nolle” where the Prosecutor does not pursue the case. It can stay open for 13 months.
- The case is dismissed (does not stay open for 13 months).
- Probation
- Suspended Commitment pending satisfactory completion of probation. If probation is not successfully completed, the child’s custody can transferred to DCF for placement in a residential treatment facility, foster care or group home.
- Immediate Commitment to DCF for up to 18 months for delinquent act or 4 years for a serious juvenile offsense.
If a child has been arrested or given summons it is important to have him or her speak to a Juvenile Court lawyer right away. A lawyer can make sure the police followed protocol, assert the child’s rights and help the family navigate the process.
Please contact me by email or call me at (203) 259-5251 if your child has been charged with a crime and has been summoned to Juvenile Court.
Abandonment is the most common ground to terminate parental rights (TPR) in Connecticut.
If a parent is filing the TPR it starts in the Probate Court. If DCF is involved, the TPR is filed in the local Juvenile Court. Whenever a TPR is filed, the Probate Court or Juvenile will request that DCF conduct s Study concerning the allegations and to make a recommendation to the judge.
By definition, abandonment occurs when a parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child. They key word is “maintain” since the parent must show interest on a continuing basis. Sporadic interest is not enough.
Here are some examples of abandonment:
- Lack of visitation and phone calls
- Does not send cards or gifts especially on holidays or birthdays
- Does not inquire of the other parent how their child is doing educationally, socially and medically
- Does not request access to educational or medical records
- Fails to pay child support or otherwise contribute financially
A valid defense to an abandonment claim is that the custodial parent prevented the non-custodial parent from having a relationship with the child. Therefore, a termination of parental rights on the grounds of abandonment may pose a significant legal issue when one parent has alienated the other parent from the child.
Even if abandonment is established, the Probate Court or Juvenile Court must also make a separate finding that the termination of parental rights is in the best interest of the child. For example, a termination of parental rights may not be in the best interest of an older child who does not wish to be adopted. In addition, some judges prefer that is a reasonable “plan” for support and care of the child if the rights are terminated such as stepparent adoption.
The probate lawyer you hire can make a difference in the courtroom and in your life. I represent clients throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to learn more about the alimony process.