If a parent, guardian or other individual has been placed on the Connecticut DCF Central Registry because of a Neglect or Abuse Substantiation there is hope. An Application may be filed to have the individual’s name removed from the Registry.
The Application must set forth in sufficient detail how conditions have changed since the person was placed on the Connecticut DCF Central Registry.
Think of the four R’s:
Rehabilitation. There must be information about the services that the Applicant completed.
Recommendation. Character letters about the Applicant are necessary. Letters from your friend or next-door neighbor are not that persuasive. You should get statements from a therapist, counselor or employer who can attest that you have changed for the better. It may also be necessary for these professionals to testify at the Hearing. You should make sure they are willing to do so.
Record. DCF requires information about your criminal record and any involvement with the criminal justice system since your Registry placement.
Recent. DCF will inquire about any recent involvement with them or other child welfare agencies. Any new Substantiations will be hurt your chances of removal.
Once the Application is submitted, DCF will review the case and decide whether or not the remove the Applicant’s name. If they decline to do so, an Administrative Hearing will be scheduled. At the hearing, the Applicant must prove “changed circumstances” by a preponderance of the evidence (more likely than not). Witnesses and documents (exhibits are necessary).
If you are not successful at getting your name removed, you must wait another two (2) years before you can try again.
Therefore, you cannot afford to be sloppy or file prematurely. Do it right the first time.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning the Connecticut DCF Central Registry.
Let’s face it – like it or not – social media is here to stay. And because it’s part of every day life, social media clauses are becoming more and more popular in Connecticut prenuptial agreement and post-nuptial agreements.
The two main reasons couples insist on these clauses are:
1. They want to protect their privacy. And not only their individual privacy, but also the privacy of the entire family. Sort of like “what happens at home stays at home.” Social media should not be used as a standing invitation to the internet world to walk into your house and rummage through your life.
2. They want to avoid damage to their reputation. Many people are scared crapless of the damage social media can cause to one’s personal or professional reputation. Once you hit “send” or “post” its there for all to see. Unfortunately, it does not usually matter whether the claims are true. Folks believe much more than they probably should in these types of forums.
I have seen these clauses prohibit the posting of certain type of content – some subjects are just off limits. Other clauses forbid the use of a particular site like Facebook or Twitter.
What are the penalties? Often it is money – similar to a fine. The amount depends on the severity of the violation and the resources of the family.
As with all post-nuptial or prenuptial agreements, you can tailor the clause to suit the partuclar needs of the spouses.
In divorce courts across Connecticut, including the Bridgeport and Stamford Family Courts, more fathers are being awarded sole custody. Full custody can be awarded at the time of the initial judgment or divorce decree or post judgment if a Motion for Modification is filed.
The vast majority of parenting plans call for the parents to share legal custody. However, there are circumstances where it is in the child’s best interest for one parent to hold sole custody. Some examples include lack of parental fitness (i.e. substance abuse, mental instability), child protection issues like abuse or neglect or the inability of parents to communicate effectively so that they can make joint decisions on their child’s behalf.
A Connecticut judge recently modified joint custody to sole custody based on the mother’s inability to handle the child when he misbehaves and extreme parental conflict.
The mother apparently struggled with her son’s behaviors and allegedly abandoned him at Wal-Mart during an argument. The child had to call his father to pick him up from the store. The mother also failed to intervene when her significant other treated the child poorly. It was reported to the child’s guardian ad litem the parent’s are extremely adversarial with one another.
A parent that poses a danger to the child’s physical or emotional well-being together with ongoing battles between parents is the type of case where sole custody should be ordered. Such an order is not designed to punish the non-custodial parent but rather to protect the child.
Stamford & Fairfield Sole Custody Attorney
I represent clients in Connecticut Family Court proceedings though out 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 a Connecticut sole custody case.
In Connecticut, a personal injury victim from a pit bull attack may be awarded damages for medical expenses and additional money for pain and suffering.
The victim alleged that while she walking her dog a pit bull owned by the defendant attacked her. She sustained abrasions to the right knee and foot, a shoulder injury, muscle spasms, scarring, loss of range of motion and pain and suffering. There was also a claim for past and future medical expenses.
In Connecticut, if a personal injury victim from a dog bite was not a trespasser, not committing a tort and not provoking the dog, the owner has no defense. The defendant did not deny liability but argued that the judge should consider the plaintiff’s pre-exisiting injuries when deciding the amount of compensation.
The judge awarded $10.500 – $9,500 for out of pocket expenses and $1,000 for pain and suffering. I have seen many other cases involving pit bull attacks were the damages were far greater. However, my only knowledge of this case is from reading the judge’s decision. Therefore, under the unique circumstances of this case the judge found this amount to be fair and reasonable.
Although the owner and/or keeper of the dog is the person sued, the source of the payment is sometimes homeowner’s insurance. This is preferred since the insurance company has “deep pockets.”
In this case, it does not appear that insurance was available since the defendant was ordered to make weekly payments of $50. If insurance were available, the company would have paid a lump sum.
Please contact me if you or a family member were the victim of a pit bull attack.
Fairfield CT prenuptial agreements are becoming more popular.
Are you considering getting a Connecticut prenuptial agreement?
Or has your fiancee broached the subject of a premarital contract with you?
There are many reasons to consider a prenuptial agreement.
Here are the top five:
- You have accumulated substantial assets
- You have a family business or closely held business
- You are expecting to receive a large inheritance or sizeable gift
- Your income is much greater than your prospective spouse
- You want your children from a prior relationship to inherit your estate
I know some people think prenups are distasteful or offensive. And if you ask your fiancee to sign one it must mean troubled times and a bleak marital forecast. On some level, I understand the pessimism.
But it does not mean the marriage is doomed. In fact, some lawyers and therapists believe that by having a prenup couples are less likely to divorce because there is no financial gain ahead. Alimony, property division and the like are already set. There is no gold in those divorce hills.
In most cases, having a prenup also limits your legal fees in the event of divorce. We all have heard of hotly contested cases where the legal fees run into six figures. But that’s unlikley if you have a well-drafted premarital agreement.
Not to mention escaping the emotional toll of going through a long, drawn out court proceeding.
Prenuptial agreements are not just for the wealthy. They are appropriate for any engaged couple wishing to settle their affairs thereby limiting divorce expenses and avoiding litigation.
Prenups save money. Prenups reduce conflict.
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 a prenuptial agreement.
For starters, a legal separation is similar to a divorce. The same laws apply in Bridgeport and Stamford Family Court regarding custody, child support, alimony and property distribution.
Keep reading to see whether you should seek a divorce or legal separation.
1. The Social Security 10 year rule. As a general rule, if a marriage has lasted ten years, a divorced spouse who has not remarried may elect to collect benefits based on their former spouse’s earnings. So you may wish to choose a legal separation until you meet the ten-year mark.
2. Health insurance. In some instances, a spouse can remain eligible for health insurance coverage while legally separated. This is especially beneficial if the spouse has a pre-existing medical condition, which would make obtaining other insurance costly. Check the plan to see whether a spouse who is legally separated can remain covered under a health insurance policy.
3. Potential military benefits. Military spouses must be married 10 years to obtain benefits under the Uniformed Services Former Spouse Protection Act.
4. Religious reasons. Spouses may be opposed to divorcing based on their religious beliefs.
5. Potential reconciliation. The spouses may need some time away to gather their thoughts about their relationship without the finality of divorcing.
The length of legal separation is indefinite. The parties will remain legally separated until the legal separation is converted to a divorce or the parties resume marital relations and request that the court vacate the legal separation.
But remember, if you are legally separated you cannot remarry. Therefore, if another marriage is contemplated, you must get divorced.
Connecticut Legal Separation Attorney
I represent clients in Connecticut Family Court and Divorce proceedings 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 questions about the Connecticut legal separation process.