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.
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 a Modification of Sole 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.
Please contact me to discus a Modification of Sole Custody.
Will contests in Connecticut Probate Court usually involve the one or more of the following:
1. Lack of testamentary capacity. Did the decedent understand what property was being disposed and who was to receive the property? The argument here is that the decedent was not of sound mind and memory when he/she executed the will.
2. Undue influence. Was the decedent under duress when the will was signed or somehow coerced? In other words, the will was not signed voluntarily so that that it was not a “free act and deed.”
3. Lack of formalities in the execution of the will. Connecticut requires that the will be in writing, subscribed by the testator (person making the will) and attested to by two witnesses in the testator’s presence. Were these formalities followed? If not, the will is void.
4. The will was revoked by a later will. Are there multiple wills? If so, the most recent will controls.
In addition to contesting wills, family members may also challenge the Inventory (list of assets) filed with the Probate Court. This may be appropriate if there is evidence that not all assets have been disclosed.
It is important to consider the alternative if the will is not valid. If there is no will then there is a schedule the Probate Court follows in distributing property. Consider what you might receive if the will contest is successful (and therefore the will is invalid). For example, if there are certain relatives alive and the will is invalid you may do worse by challenging the will.
Contesting Wills in Connecticut
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 have wish to schedule a consultation regarding contesting wills in Connecticut.
How to modify alimony in Stamford Connecticut is a very common issue post-divorce. It is especially important in the Stamford Court where the alimony awards tend to be higher than other divorce courts in Connecticut. Under Connecticut law, either party can file a Motion for Modification unless the divorce decree precludes it. Sometimes the Separation Agreement prohibits modification altogether. Other times changes are allowed but only for the amount of alimony or the duration of it.
Therefore, first review your divorce judgment to determine if there are any restrictions on modifying alimony.
If changing alimony is permitted, then prepare a Motion for Modification, get a court date and serve your spouse.
At your hearing, the judge will analyze it like this:
Step 1. The party requesting modification has to prove a “substantial change in circumstances” since the original support award was entered, or since the last time the order was modified.
This could include either party getting a new job or a raise. Of course, decreases in income or losing a job altogether are usually sufficient grounds.
Other examples are:
- Deteriorating health of either party
- Loss of child support or change in child custody
- Remarriage or cohabitation
Step 2. If step one is met, then the judge considers what the new order should be. Some factors are:
- The length of the marriage
- The cause of the divorce
- The age, health, station, occupation and sources of income of the parties
- The vocational skills and employability of the parties
- The estate and needs of each party
- If one parent has custody of minor children, the desirability of that parent securing employment
Not all modifications of alimony require retaining a lawyer. However, given the significance of changing an order, it makes sense to consult with an attorney about potential outcomes.
I represent clients in Family Court matters 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 if you have questions about how to modify alimony in Stamford Connecticut.
These are the most common grounds to terminate parental rights in Connecticut:
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 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.
I represent clients in Probate Courts 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 for a consultation on how to terminate parental rights in Connecticut.
Connecticut Divorce Parental Alienation. These two unfortunate events happen in tandem way too often.
Yes – there are countless reasons why a child might not have a positive relationship with a parent. Many times, it is the parent’s own actions or inactions, which has caused the estrangement. It is simplistic (and tempting) to say that the other parent “is alienating my child against me.” Unverified claims of parental alienation find there way into divorce, custody and visitation cases far too often.
But, on the other hand, the other parent actually has engaged in parental alienation. This is emotional child abuse.
Here are some warning signs:
- Asking the child to choose one parent over the other
- Encouraging the child dislike or have anger toward the other parent
- Being upset when the child has a good time with the other parent
- Eavesdropping on the conversations with the child and other parent
This is not intended to be exhaustive – there are countless other examples. These are only a few signs that come to mind when thinking of a potential or current problem with alienation.
As I have said before, our best interest statute in Connecticut does not specifically mention parental alienation. However, a few factors in the statute smell like it. For example:
- The willingness of each parent to facilitate and encourage the relationship with the other parent
- Any manipulative or coercive behavior by the parent to involve the child in the parent’s dispute.
- The mental health of the parents.
There has been an increase in the awareness of parental alienation in Connecticut custody and visitation cases and the courts have shown little tolerance when it is properly identified.
Right on.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 if you suspect the double whammy of Connecticut Divorce Parental Alienation.
I have seen a significant increase in the number of cases involving claims of parental alienation in Connecticut. Are there really more PAS cases? I doubt it. Put on any label you want on it. The traditional behaviors that are the hallmark of parental alienation have been around as long as custody and visitation battles. However, I do believe that there is a heightened awareness in the court system given the devastation that alienation wreaks on families.
Here is a very academic definition of PAS: “a mental condition in which a child, usually one whose parents are engaged in a high conflict divorce, allies himself or herself strongly with one parent, and rejects a relationship with the other parent, without legitimate justification.”
I think of it as a deliberate attempt by one parent (the offending parent) to distance their child from the other parent (the targeted parent). Or down to its simplest definition: “emotional child abuse.”
In Connecticut, our best interest statute does not mention parental alienation. However, among the factors a judge may consider in making parenting plan decisions include the willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship between the child and the other parent. A judge may also consider any manipulation or coercive behavior of the parents in an effort to involve the child in the parent’s dispute. While not specifically called PAS both of these factors certainly smell like it.
There is spirited debate amongst lawyers, judges and mental health professionals on how best to address parental alienation. Some say family therapy. Others take a more drastic approach and advocate awarding custody to the non-offending parent.
One thing is certain though: when alienation exists, it must be met head on during the divorce. An offending parent must be called out on their behavior before any more damage is done.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss a case of potential parental alienation in Connecticut.