Here is how a judge will analyze Connecticut child relocation. The relocating parent must first prove:
- The relocation is for a legitimate purpose;
- The proposed relocation is reasonable in light of such purpose; and
- The proposed relocation is in the best interests of the child.
If these are established then the judge will consider the following in deciding whether to allow the relocation:
- Each parent’s reasons for seeking or opposing the relocation;
- The quality of the relationships between the child and each parent;
- The impact of the relocation on the quantity and quality of the child’s future contact with the nonrelocating parent;
- The degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and
- The feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.
A few points:
A judge has the authority to prevent a child from relocating but cannot prevent a parent from relocating. Therefore, a custodial parent may be faced with a difficult decision if the judge denies the request for the child to leave.
In addition, the noncustodial parent may file a motion for modification of custody requesting primary custody of the child rather than having the child leave the state.
Finally, this process applies specifically to cases where a divorce has already entered. For cases involving a request to relocate while a divorce is pending, the court simply applies the best interest of the child standard.
To read more about relocation issues in Connecticut, click here.
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 your options and learn more about the relocation process.
Most parents have unsupervised visitation with their children. But sometimes it is in the child’s best interests that there be supervised visitation.
Here are the most common examples leading to supervised visitation:
Violence – past physical abuse of a child such that the child needs to be protected from the parent for the child’s own physical safety.
Mental health – if the mental health of a parent is such that the child cannot be safe without supervision.
Substance abuse – a parent’s abuse of alcohol or use of illegal drugs impairs their ability to exercise sound judgment during parenting time.
Re-establishment of parent child relationship – typically ordered when the relationship between the parent and the child is “strained” or the parent seeking parenting time has been absent. This type of contact is usually supervised by a mental health professional such as therapist or psychologist. Therefore, it is often referred to as “therapeutic visitation.”
Abduction – is the non-custodial parent a flight risk? I mean a real flight risk. In my opinion, a judge would be required to find that the parent poses such a threat to flee with the child that the parent cannot visit with the child without supervision. This is a rare case.
Sometimes instead of requiring that visits be supervised, a judge will order conditions for visitation like drug testing, mental health treatment or family counseling. This is for those situations where there are legitimate concerns but not to the level where the child’s safety would be compromised. As always. supervised visits or eliminating visitation will be ordered if there is no other way to safely protect the child
I represent parents 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 supervised visitation in Connecticut Custodial Interference.
Divorce orders are not always obeyed or followed. And when they orders are not complied with it often becomes necessary to seek enforcement of divorce orders by filing a Motion for Contempt.
The most common examples of post-divorce, non-compliance involve alimony or child support not being on time or not being paid at all. Next up is a child visitation schedule, not being followed.
While some variation in wording exists, a contempt motion essentially requires a judge to find that the Respondent (the individual cited for contempt) had 1) notice of 2) a valid court order and 3) the order has been disobeyed.
Once these elements have been established, the Respondent has the opportunity to present defenses as to why he or she should not be held in contempt. Be prepared for this – it is usually not difficult to forecast what these excuses will be.
Here is the best advice I can give you – when there are violations of court orders you have to be proactive. There is no benefit to sitting on your a$$ and bitching.
Waiting too long to file a Motion for Contempt may leave the judge with the impression that the issue is just not that important.
Please email me or call (203) 259-5251 if you would like more information on the enforcement of divorce orders in Connecticut.
When a child under 18 is arrested in Bridgeport and the surrounding towns, they are summoned to Bridgeport Juvenile Court.
Here is a brief summary of the process:
Initial plea date/Arraignment
This is the date referenced on the Summons. A judge will advise the child of the following:
- The right to remain silent;
- The right to an attorney;
- The right to have an attorney present during any questioning;
- The right to a trial.
The child’s attorney will enter a plea of “not guilty” or if the child is without an attorney, the Court will enter the plea.
The case will be assigned a pre-trial conference at which time the child will need an attorney.
Pre-trial conference
This is the usually the first opportunity for the child’s attorney to speak with a Prosecutor. The talking points will be: the police report and other statements from people with knowledge of the case, the child’s arrest and conviction history, the availability of any programs that would resolve the case if successfully completed and the potential for reduced charges including the possibility of resolving the case through a plea agreement.
Additional court dates/Trial
If an agreement is reached at the pre-trial conference, future court dates will be assigned as necessary. An appearance before a judge is required if the child is receiving probation. Other court dates may be scheduled to ensure that the child has satisfied certain agreed upon requirements in exchange for a nolle or a dismissal.
If the child maintains their innocence or if the Prosecutor offers a “deal” that does not seem reasonable, the case will be scheduled for additional pretrials, which may also include a judge. Eventually, the case may proceed to trial.
A juvenile court record may have potential consequences that follow a child into their adult life. Decisions to accept a “deal” cannot be taken lightly.
Please email me or call (203) 259-5251 if you would like to discuss your legal options in the Juvenile Court if your child has been arrested.
What are pendente lite motions in a Connecticut divorce? Pendente lite sounds fancy but it really just means, “while the litigation is pending.” That’s why these motions are often referred to as temporary motions.
Common examples of pendente lite motions include:
Custody/Parenting Plan – establishes where the child will live, decision-making and visitation;
Alimony – temporary spousal support;
Child Support – temporary support for a child which is payable to the custodial parent;
Counsel/Attorney fees – if assets are controlled by one spoue, the other spouse may request that a specific amount be allocated for their legal expenses;
Motion for Exclusive Possession of Marital Residence – one spouse is permitted to temporarily live in the marital residence to the exclusion of the other spouse.
Pendente lite motions are not limited to the above; they may be tailored to address the specific issues in a particular case.
It is not necessary to file pendente lite motions in every case. The decision to file pendente lite motions should take into account the likelihood of success, the cost involved, alternatives to resolving the matter outside of court and the degree of urgency involved.
Please contact me to discuss pendente lite motions in a Connecticut divorce.
A post-nuptial agreement is similar to a prenup but it is signed after a marriage rather than before. The agreement usually addresses the same issues that a pre-nuptial agreement would if there was a divorce. For example, alimony, property distribution and other financial considerations can all be set forth in a post-nuptial agreement. In fact, these agreements can be tailored to a couple’s particular circumstances.
And just like prenups, these agreements are designed to alleviate uncertainty about legal rights and obligations if the marriage ends in divorce.
And just like prenups, they are allowed in Connecticut.
And just like prenups, there are times when a spouse tries to wiggle out of the agreement. When that happens, the court has to decide whether to enforce the postnup.
In making this determination Courts will examine the agreement at two points:
Time of execution. In deciding whether the agreement is valid, a court will consider whether the agreement was entered into voluntarily without any undue influence, duress, fraud or coercion. There must be also be fair and full financial disclosure within a reasonable time before signing the agreement.
Time of divorce. A court will also consider whether enforcing the agreement would be “unconscionable.” Or put another way – will enforcing the agreement at amount to an injustice? A major consideration is whether there was a dramatic change in the economic circumstances of the spouses from the time of execution to the time enforcement.
Post-nuptial agreements can be a useful tool to avoid prolonged and costly divorce litigation.