There are eight grounds for a termination of parental rights in Connecticut. The three most common are:
1. Abandonment. This occurs when a parent has abandoned the child by failing to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child.
2. Failure to rehabilitate. Rehabilitation refers to whether or not the parent has sufficiently addressed certain issues (i.e. substance abuse, mental health) so that they now have the ability to adequately meet the needs of their child. If the parent cannot currently do so, then the court must decide whether the parent’s rehabilitation is foreseeable within a reasonable time.
3. No ongoing parent-child relationship. The court is required to determine whether there is a parent-child relationship and, if not, whether it would be detrimental to the child’s best interests to permit additional time for the development of such a relationship. This ground usually requires expert testimony from a psychologist or other mental health professional.
Some additional information about the termination of parental rights in Connecticut:
Terminating the parental rights of both parents must occur before a child is free to be adopted.
Termination of parental rights may be decided in Probate Court or Juvenile Court. If DCF files, the case will be heard in Juvenile Court. When a parent or a third party such as a relative files the Termination Petition, the case will start in Probate Court but under certain circumstances may be moved or appealed to Juvenile Court.
Even if grounds exist to terminate parental rights, the Probate Court must also independently find that the termination is in the best interest of the child. This is not an automatic particularly with older children who do not wish to be adopted or if the child is financially dependent on a parent’s support.
Please contact me if you wish to discuss a termination of parental rights in Connecticut.
A Connecticut modification of sole custody can occur based on a child’s educational performance. Connecticut judges take a child’s education seriously. So if a child misses too much school when with one parent the other parent can be awarded sole custody as part of a Motion for Modification.
That’s just what happened in a recent case where a judge granted a Connecticut modification of sole custody to a father.
The mother initially held primary residential custody but during that period, the child had school related issues. The child was absent 28 times and tardy 49 others over the course of two years. When he was in school, he often complained of being hungry and that he was tired. He was disruptive in class and performed poorly academically.
The Father filed an Emergency Motion for Custody and to Modify the Parenting Plan.
The child was placed with the father and did much better in school. He engaged much better in class and completed his assignments. The judge found that the father provided a more stable environment and awarded the father sole custody and the mother visitation every other weekend.
When deciding issues relating to Modifications of Custody the judge must be guided by what is in the child’s best interest. But what is the child’s “best interest”? What does that term really mean?
In Connecticut, there is a list of best interest factors in Connecticut General Statutes Section 46b-56. The two most relevant for this case appeared to the stability of the child’s existing and proposed residences and the child’s adjustment to his school, home and community.
If your child’s school needs are not being met under the current Parenting Plan you should consider filing a Motion to Modify the arrangement.
I represent clients in divorce and Family Court related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a Connecticut modification of sole custody.
Once in awhile I get a call from a potential client about whether to pursue an annulment in Connecticut or file for divorce.
A divorce terminates a valid marriage. So if the marriage is legit then divorce is the only option.
An annulment on the other hand is a legal finding that the marriage never existed because it was never valid. The marriage was never legit.
Depending on the grounds for the annulment, the marriage would be either be considered void (automatic invalid) or voidable (marriage is valid until a spouse requests an annulment).
Some grounds for annulment in Connecticut include:
- Marriages between individuals within a certain degree of kinship – close relatives
- One the parties to marriage were already married – bigamy
- Qualifications regarding the person performing the wedding ceremony
- Fraud or duress existed at the time the marriage was entered into.
Annulments in Connecticut do occur but they are pretty rare. Here’s why:
First, in Connecticut we have “no fault” divorce. Therefore, a spouse can be granted a divorce simply based on “irretrievable breakdown” without getting into fingering pointing.
Secondly, take a look again at the list of annulment grounds. Those types of claims are unusual. And without those established facts, you cannot get an annulment.
Finally, there is a strong public policy in Connecticut that marriages are valid. Basically, marriages are presumed to be legit. So, annulment grounds have to proven by “clear and convincing evidence.” This is a higher standard than the typical standard required for a divorce.
Connecticut courts generally can make the same orders whether it’s an annulment or a divorce. One minor difference is that the ninety-day waiting period applicable to a divorce does not apply to an annulment.
If grounds do exist for an annulment, a spouse should weigh the cost involved and the emotional aspects of proving the case. In some instances, the better approach might be straightforward divorce.
For more information about the law on annulment in Connecticut please email me or call 203 259 5251
There are really four scenarios if you were an injured passenger in a Connecticut car accident:
1. The driver of the car in which you were traveling caused the accident;
2. The driver of another car is at fault for the accident;
3. The accident happened because of state or municipal negligence such as an improper construction site, insufficient traffic control, roadway defects or lack of proper signs or lights; or
4. You were using public transportation like a bus or taxi.
In all of the above scenarios, the injured passenger in a Connecticut car accident is entitled to receive compensation for medical bills, lost wages and pain and suffering.
However, some passengers are reluctant to pursue a claim when the driver they were with is at fault. Understandably, they don’t want to get their friend or relative in trouble or take their money. But remember, compensation ultimately comes from insurance rather than directly from your driver.
The first step, is to correctly identify the “at fault” parties. Often this involves significant investigation. Once the parties are made known, claims are made through the appropriate insurance companies. Sometimes demands from multiple parties are required. Your lawyer will handle this.
If the owners or operators of the vehicles failed to maintain insurance, then an injured passenger may make a claim under their own insurance policy. This is another job for your lawyer.
An injured passenger in a Connecticut car accident should not delay in pursuing a claim. This type of action in Connecticut must be filed within a specified period. Failure to file on time will prevent any recovery regardless of the extent your injuries.
Please email me or call (203) 259-5251 if you or someone you know has were an injured passenger in a Connecticut car accident.
I get a few inquiries a month about the law on moving from Connecticut with children to another state or even another country. In Connecticut, a parent will be allowed to relocate with a child if:
- Relocation is for a legitimate purpose;
- The proposed relocation is reasonable in light of that purpose; and
- The move is in the best interest of the child.
In a recent post divorce case, a mother was permitted to move to Florida with her children.
Some relevant facts:
The father allegedly assaulted the mother and she required hospitalization. Domestic violence should not be tolerated.
The mother had sole custody.
The mother was strapped financially and the father was paying her only $4 per week in child support. She was offered a job in Florida with benefits and apparently had secured suitable housing.
The judge found that the mother proved that the relocation was for a legitimate purpose, as it will improve her fnancial conditon since she has family support and connections in Florida. Therefore, relocation will benefit the children. The judge also considered parenting skills, emotional ties of the children to each parent and the father’s psychological instability.
The judge waived the father’s obligation ($4?) to continue paying child support because he will incur significant travel costs when he visits the children.
It seems unlikely that the father will be able to travel to Florida given his lack of financial means. I have been involved in similar cases where the judge ordered the children to have visitation in Connecticut when a parent relocates. However, I don’t know enough about the case to determine whether this was a possibility.
Cases which involve moving from Connecticut with children to other locations are often hotly contested. Contact me to discuss some strategy about relocating or your legal options to prevent the other parent from leaving.
Divorce review counsel for a Connecticut divorce usually become involved as part of mediation. In fact, a growing number of divorcing couples are opting for divorce mediation as a way of resolving their disputes. Mediation is often much less adversarial and therefore usually more cost effective.
However, the mediation process does not necessarily eliminate the need for the parties to retain a lawyer. In fact, many mediators strongly encourage spouses to engage their own lawyer known as review counsel.
Here is how review counsel for a Connecticut divorce can help:
During mediation
- Help prepare for mediation negotiations. The more information you have the more effectively you can advocate your position during settlement negotiations.
- Experienced review counsel can identify issues particular to your case and provide a range of possible legal outcomes.
- After the mediator drafts the Separation Agreement, review counsel can make sure its fair. This is especially important since the mediator does not represent either party. Their role is to get you to the finish line.
- Review counsel will explain the terms so that you have a complete understanding. The mediator cannot give legal advice.
- Review counsel can also offer additional language and other suggestions, which you should incorporate into the Agreement.
After mediation
- Review counsel may assist in preparing all the necessary documents for your uncontested divorce.
- In some instances, they will also appear in court for your final hearing.
Retaining review counsel is obviously not required. However, this option is becoming is increasing in popularity especially in the Bridgeport and Stamford Courts. It is usually worth the investment since the cost is a fraction of the fee paid to attorneys in traditional divorce litigation.
Please email me or call (203) 259-5251 if you would like more information on divorce review counsel options.