Modification of Custody in Bridgeport Court is a common filing. Just because your child custody arrangement or parenting plan in Connecticut was labeled “final” or “permanent” does not mean that it cannot be changed. After all, as children get older their circumstances are different and Parenting Plans need to be changed.
Here is an overview of the process for a Modification of Custody in Bridgeport Court:
1. The custody order that you want modified must be a Connecticut order. If another state entered the order, then the case must meet certain criteria to be heard here.
2. There must be a “substantial change in circumstances” since the date of the last court order. This is supposed to discourage parents from filing modifications for petty or insignificant reasons and to eliminate re-litigating issues which have already been decided.
If a judge decides that there has not been a “substantial” change in circumstances the motion will be denied.
3. If there has been a “substantial change in circumstances” then a judge will modify custody using the “best interest of the child” standard.
Here are some good reasons to file a Modification in Bridgeport Court:
Home environment – child neglect or abuse, issues with the parent’s new companion, inadequate supervision, tension with other children in the home.
School performance – grades slipping, missed assignments, disruptive behavior in class and social issues with other students.
Parental fitness – substance abuse, criminal activities and mental health issues.
Schedules – changes in employment that cause the parent to rely too heavily on daycare or third parties to care for the child or an inconsistent schedule that impacts the amount of time a parent can devote to the child.
Not following court orders – custodial parent fails to comply with a visitation schedule, impedes phone calls and emails or worse yet attempts to alienate the child from the non-custodial parent.
A Motion for Modification is the proper procedure to address these situations concerning children.
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 Modification of Custody in Bridgeport Court.
I recently saw an interesting article in New York Times regarding child abuse and neglect.
While the article does not focus on DCF Investigations in Connecticut it’s still worth a read.
You have just been served with Connecticut divorce papers. Whether the case is filed in Bridgeport or Stamford Court this is what you should do:
1. Keep cool. Perhaps you had a feeling that a divorce was in the works. Or maybe your spouse even told you that a Marshal or other process server was going to pay you a visit. But worse yet, you were blindsided by the filing. If so, stay calm. Your spouse may actually want to provoke you into doing something out of character like making a threat or committing an act of violence. Acting irrationally will only hurt your case. Any dealings with your soon to be ex should always be civil – especially concerning the children.
2. Get organized. Gather bank statements, tax returns, credit card statements, household bills, appraisals etc. These documents will help you prepare your Financial Affidavit. It will also allow you to plan how to meet short-term and long-term financial obligations. This is especially important if you and your spouse are no longer living together.
3. Review the Notice of Automatic Orders. Once you are served certain orders become effective regarding finances, insurance policies and access to the children. Under some circumstances, they can be modified. Do not ignore these orders. Violations can affect your case dramatically.
4. Consult with a lawyer. You should speak to a lawyer or better yet at least two lawyers to have some general questions answered and gain a better understanding of the Connecticut divorce process. Depending on the complexity of your case, you may or may not need to retain a lawyer but at least do a consult.
I represent clients 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 me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 for a consultation to if you have been served with Connecticut divorce papers.
Juvenile Court judges in Connecticut have the authority to send a child who has been arrested to Bridgeport Juvenile Detention. A child is entitled to a lawyer for all detention review hearings as well as any other Juvenile Court appearance.
A child ends up in Bridgeport Juvenile Detention in one of two ways:
1. The police.
At the time of an arrest, law enforcement can place a child in detention if they are charged with a serious juvenile offense.
2. A judge.
A child can also be sent to detention by a Juvenile Court judge during the initial court appearance (arraignment) or if they violate court orders.
No child may be detained after a hearing unless the court determines that:
- There is probable cause to believe that the child has committed the acts alleged,
- There is no less restrictive alternative available,
- There is (i) probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; or (ii) a need to hold the child in order to ensure the child’s appearance before the court, as demonstrated by the child’s previous failure to respond to the court process, or (iii) a need to hold the child for another jurisdiction.
How long does a child stay in detention?
A judge must review a child’s stay in detention at least every seven days. At the hearing, the judge will listen to arguments from the Prosecutor and the child’s attorney on the continued need for the child to be detained. A favorable report from detention staff and family support go a long way.
What happens when a child is released from Bridgeport Juvenile Detention?
When a child is released from detention, the judge will impose requirements called “conditions of release” or “suspended orders of detention”. For example, a child may be on house arrest, have to wear an electronic monitoring bracelet or submit to drug testing as conditions of release. If they violate these orders, they are back in juvenile detention and usually for much longer.
Consultation and Representation
I represent clients in Connecticut distracted driving and all related personal injury 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 concerning Bridgeport Juvenile Detention.
The Case Management Date for a Connecticut divorce is the way the Family Court tracks a case. In Bridgeport Court, it will be a Tuesday. In Stamford Court, it will be a Thursday.
There is a 90-day waiting period to obtain a divorce in Connecticut. The Case Management Date will be right after that period expires. Theoretically, this is the earliest possible date you can get divorced or legally separated. However, in most courts, it is usually a few weeks after that to get your uncontested divorce finalized.
Sometimes you have to appear in court on your Case Management Date and other times you don’t.
If you have an agreement on all issues (uncontested) then you do not need to appear. When only financial issues are in dispute, (limited contested) you do not need to appear in court if there is an understanding on a schedule of exchanging financial records and other discovery issues. However, even though you do not appear in court, you must file a Case Management Agreement for either of these types of cases.
If there are parenting disputes the parties and their attorneys are required to appear in court. At that time, the judge will consider appointing a guardian ad litem and/or ordering a Family Relations Study. If you reach an agreement for custody, decision-making and visitation then a judge can approve your proposed plan on that day.
Do not ignore the Case Management Date. Failure to follow the procedure will often result in the divorce case being dismissed.
I represent clients with alimony issues 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 to discuss how to handle the Case Management Date.
The Connecticut Divorce Return Date in Bridgeport or Stamford is always a Tuesday. The Plaintiff, or the Plaintiff’s attorney, should pick a Tuesday about 4 weeks out to allow the Defendant to be properly served. This also allows the return to be timely filed.
The other spouse (the Defendant) must be served with the Summons, Complaint and Notice of Automatic Orders twelve days before the Return Date. The spouse who filed the divorce (the Plaintiff) must “return” the original documents along with proof that the Defendant was served and pay the filing fee to Court at least 6 days before the Return Date. Once this is done, the Clerk’s Office opens a file and assigns the case a docket number.
Here is some other information on the Connecticut Divorce Return Date:
The parties and their attorneys do not appear in Family Court on the Return Date. The case is not scheduled to be heard by a judge on the Return Date.
The Return Date starts the clock running on the 90-day waiting period to get divorced.
The Defendant spouse should file an Appearance with the Court on before the second day after the Return Date. This allows the Defendant to respond to the Summons and Complaint and ensures that they receive notice of all future court dates. If the Defendant does not file an Appearance, then temporary decisions concerning the children, child support, alimony and other orders could be entered in their absence. In addition, after ninety days has passed, the judge could enter a divorce by default against the spouse who failed to file an Appearance.
Do not ignore the Return Date. Retain counsel or file your Appearance.
Please contact me if you have questions about the Return Date for a Connecticut divorce.