Probate Courts and Juvenile Courts have jurisdiction to handle stepparent adoption in Connecticut. We know that many stepparents have a parent like relationship with their spouse’s child. They spend lots of time together and do all the things those parents and children enjoy. The child loves and trusts the stepparent and even calls them “mom” or “dad.”
But legally speaking, the relationship is not recognized.
So how does a biological parent get their spouse to adopt his or her child in Connecticut?
There are two steps in the process.
1. Termination of parental rights hearing. If the other biological parent is alive, his or her parental rights must be terminated. Sometimes the parent will voluntarily agree to relinquish their rights. This is especially true if the parent has another family of their own, has no ongoing relationship with the child or wants to wiggle out of paying child support. But many times the parent does not consent to the termination. In that case, the judge must conduct a trial to determine whether there are legally sufficient grounds to terminate. Termination of parental rights is never an automatic and is clearly the more challenging step. This hearing is adversarial.
2. Adoption hearing. This step is much more straightforward. Once the child is legally free to be adopted, the Probate Court will hold a hearing to decide if the stepparent adoption is in the child’s best interest. If the adoption is granted, a new birth certificate will be issued and a change in the child’s name can be requested. This hearing is a non-adversarial and a happy occasion.
I represent clients in step parent adoption proceedings though out Fairfield County including 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 to schedule a consultation about stepparent adoption in Connecticut.
Connecticut divorce depositions are essentially interviews. And just like other interviews you may be nervous. Reduce your anxiety. Read on.
Here’s a quick summary of the process.
A deposition is question and answer session between a lawyer and a witness (deponent). The opposing lawyer asks questions. The witness answers under oath. Your attorney is present at the deposition to protect your interests and object to questions as necessary.
Depositions usually take place at an attorney’s office. A stenographer or court reporter is present to create a transcript of what is said. Some depositions last for 30 minutes or less. Others drag on for days unnecessarily (especially if an attorney is looking to pad their fee).
A judge once said to opposing counsel: “If you can’t do the deposition in four hours or less you are asking the wrong questions.” Unless there are extenuating circumstances, I completely agree.
There are four reasons to conduct Connecticut Divorce Depositions:
- Gather information. Learn about an opposing party’s position on certain issues and what they want in terms of a financial settlement and Parenting Plan. Clarify their Financial Affidavit and reasons for their proposed Parenting Plan. Request that they bring certain documents to the deposition that they have so far been unwilling to produce or update already produced information. Get an advance preview of the witness’s trial testimony so you can prepare accordingly.
- Assess the witness. Is the witness likable? Credible? Sympathetic? Or perhaps the witness is disorganized, easily rattled, angry and an overall jerk that the judge will not like. This matters.
- Impeachment. Lock in answers. If a witness testifies differently at trial than they did at the deposition their credibility is shot. “Were you lying then or now?” Potentially powerful.
- Unavailable witness. Sometimes it becomes apparent that a witness may not be able to testify at trial. For example, someone who lives out of state or has frail health. Under certain circumstances, the deposition testimony can also be used as trial testimony.
Depositions are not required in every case. The attorney must weigh the expense of deposing the witness against the value of the deposition.
Depositions can be a useful tool for settlement negotiations. They are a must if the case is headed to trial or if any expert witness will testify.
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 Connecticut Divorce Depositions.
A Connecticut Resolution Plan Date in Family Court is a fairly new process for custody, visitation, dissolution of marriage, and legal separation cases. The process is designed to encourage parties to resolve their cases by agreement, instead of engaging in lengthy (and expensive) litigation.
Connecticut Resolution Plan Date
On this date, you will learn how the court process works and have an opportunity to ask questions. A Family Relations Counselor will review your case to identify:
- the areas where you agree and disagree;
- how likely you are to reach an agreement on any disputed issues; and
- the kind of help you need to resolve your case.
If your case involves financial issues like child support, alimony, or dividing marital property, you should complete and file a Financial Affidavit before your Resolution Plan Date.
A Family Relations Counselor will recommend an “action plan” to the judge based on the issues in play and any recommended services. Possible services include information-gathering or evaluations by Family Services, mediation with a Family Relations Counselor, scheduling court hearing time, or the assignment of a designated Family Relations Counselor or judge to your case for its duration.
Resolution Plan Dates are not the time for a contested hearing or trial before a judge. However, if an agreement is reached, a judge may be able to approve your agreement on the spot.
Do not blow off the Resolution Plan Date. If you are the plaintiff or applicant and you do not appear for your Resolution Plan Date (either by remote video or in person, depending on how the event is scheduled), your case may be dismissed. If you are the defendant or the respondent and you do not appear, court orders or a final judgment may be entered against you.
A scheduling order will enter for those cases not completely resolved on the Resolution Plan Date. The schedule may include one or more Case Dates, a date for a pretrial settlement conference and a date for a trial
Case Dates are hearings before a judge to address matters like motions for temporary orders on custody, child support, or other subjects, to be in effect while your case is pending. The judge may also hear reports on the progress of services that have been ordered in your case.
Case Dates are intended as brief hearings on issues that need orders in place before there is a final agreement or trial. If the parties have reached a full and final agreement at a Case Date, the agreement may be considered and approved by the judge at that time.
Consultation and Representation
I represent clients in divorce and all 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 Resolution Plan Date.
What is a DCF Substantiation? After Connecticut DCF completes an Investigation of abuse or neglect, they send a form letter to the alleged perpetrators. The letter will state whether the allegations are “unsubstantiated” or “substantiated.”
The operational definition in the Policy Manual is that a DCF Substantiation results when: “DCF has concluded that there is” reasonable cause “to believe that child abuse or neglect has occurred.”
But “reasonable cause” is a slippery concept. On the same set of facts, reasonable (pun intended) social workers could disagree on whether abuse or neglect should be substantiated.
See – there really is no exact definition – each case is judged on its own unique circumstances.
Some social workers require credible evidence and will appropriately consider the case carefully rather than rushing to judgment. Unfortunately, sometimes mere suspicion seems enough for a DCF Substantiation.
Now for some good news.
If there is a DCF Substantiation, a parent has a right to appeal that finding through an Administrative Hearing.
Better news.
When a case is appealed, DCF has the burden of proof to establish by a fair “preponderance of the evidence” submitted at the Hearing that abuse or neglect occurred.
This standard is higher. This standard is also neatly defined: more likely than not is what “preponderance of the evidence” really means.
Not guesswork. Not mere suspicion. Not a “smell test.” Actual evidence is necessary for the appeal to be upheld.
And when the evidence is simply not there the Substantiation is reversed.
I represent good families with bad DCF problems throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
These appeals are time sensitive so contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 today schedule a consultation about a DCF Substantiation.
Connecticut Juvenile Courts must now consider a parent’s request for posttermination visitation as part of Termination of Parental Rights case. This is a very important ruling relating to family integrity and the preservation of familial ties.
In a unanimous decision, the Appellate Court determined that the trial judge, Carl Taylor, misconstrued the applicable statute and therefore incorrectly applied the law when he decided that the Juvenile Court did not have the authority to decide posttermination visitation.
In re Ava W. the biological parent (respondent) claimed that the trial court should have considered her request for posttermination visitation under its broad authority to enter “any order,” pursuant to General Statutes § 46b-121 (b) (1), so long as the order serves the best interest of the child.
DCF opposed this claim and argued the following: (1) the parent lacks standing to challenge the trial court’s order regarding visitation because the court terminated her parental rights; (2) the trial court correctly determined that, as a matter of law, it lacked the authority to issue an order for posttermination contact; and (3) even if the trial court had the authority to order posttermination visitation, it correctly determined that posttermination visitation would not be in the child’s best interest.
The important parts of the Appellate Court decision are quoted below:
“We agree with the respondent that the jurisdictional hurdles of aggrievement and mootness have been satisfied and do not defeat this court’s subject matter jurisdiction to adjudicate this appeal. We also agree with the respondent that a trial court has authority to issue a posttermination visitation order that is requested within the context of a termination proceeding, so long as it is necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child. That authority derives from the court’s broad common-law authority over juvenile matters and the legislature’s enactment of § 46b-121 (b) (1) codifying that authority. The trial court in the present case incorrectly determined that it lacked authority to consider a posttermination visitation order on the basis of the respondent’s failure to satisfy the statutory requirements of § 17a-112 (b) through (h).
Section 17a-112 (b) governs “cooperative postadoption agreement[s]” under which parents voluntarily relinquish their parental rights and intended adoptive parents willingly enter into a postadoption contact agreement. The present case does not fall within that category of circumstances, and the respondent’s failure to satisfy those requirements did not deprive the trial court of authority to consider posttermination visitation pursuant to its broad authority under § 46b-121 (b) (1). Therefore, the trial court incorrectly determined that it lacked authority to evaluate whether posttermination visitation would be necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child.
Accordingly, we reverse the trial court’s order denying request of the minor child and the respondent mother for posttermination visitation with the respondent and remand the case with direction to consider the request consistent with the standard we now establish. Specifically, trial courts have authority pursuant to § 46b-121 (b) (1) to consider motions for posttermination visitation within the context of a termination proceeding and can order such visitation if necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child.”
This decision will likely lead to more Termination of Parental Rights trials and potentially longer trials as parents fight for visitation with their child even if their rights are terminated.
Connecticut Juvenile Court Attorney
I represent clients in Juvenile Court 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 your Juvenile Court matter.
A Case Date in Connecticut Family Court replaces Short Calendar. Before the pandemic, attorneys and clients would gather en masse at the Courthouse to have motions heard. It was a largely inefficient process. There was more bullshitting with colleagues than anything else. Social Calendar was a more appropriate term. It was not uncommon to hang around for hours just to meet with Family Services. Then still more time wasted waiting to see a judge. And after all that, the hearing was often rescheduled.
But no more Social Calendar. Welcome to Case Date.
The Case Date is a new way to handle motion hearings. Efficiency is the goal. There are two distinct events scheduled. Both are approximately 45 minutes. Most of these appearances are in person. However, judges may allow the hearing to be conducted remotely in some instances.
First, the parties will participate in a Family Services conference. The purpose of the conference is to identify the issues in dispute and discuss a possible resolution. Family Services will discuss pending motions. They will also discuss a global settlement of the entire case. However, this seems optimistic given the 45 minute time constraint.
Next, the parties and their attorneys join a video conference with a Family Court judge. The Family Court is currently using Microsoft Teams as the virtual platform. During this virtual court appearance, the judge will approve agreements. The judge may also conduct a brief hearing on routine issues such as entering child support or resolving minor discovery disputes. If the matter does not fully resolve, additional dates will be assigned. This will include a Scheduling Order and possibly a trial date. It has not been determined whether the trial will be in person at the Courthouse or thru a virtual courtroom.
Connecticut Family Court Attorney
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 Case Date in Connecticut Family Court.