DCF home visits can cause anxiety to even the best parents. And DCF has changed their policy in scheduling their home visits. In the past, just about every new case resulted in an unexpected knock on the door.
Now, unannounced DCF home visits are reserved for those cases where DCF believes that the child needs immediate protection. For example, an allegation that a child is being physically abused results in a quick dispatch to the home.
Other less serious Investigations, such as educational or emotional neglect, can usually wait for a scheduled visit. In those types of cases, a Social Worker will send a letter or call the family to arrange a meeting.
Sure, no one wants to be investigated. But at least if you have an appointment with DCF, there is time to prepare.
DCF Home Visits
Here is what you need to know about DCF home visits:
1. Ask for a copy of the “Parent’s Right to Know Brochure.” Doing this at the start sets the tone. It lets the Social Worker know that you are aware that you have rights during an Investigation. In my experience, when a Social Worker realizes that they are dealing with a well-informed parent, they are less inclined to do something underhanded.
2. Do not sign anything. This includes any Releases of Information, Authorizations, Safety Plans or Service Agreements.
3. Do not make any statements. I know that this is a difficult one for parents. After all, you’re a good parent. If you could just explain what happened, then DCF would leave you alone. Nevertheless, the truth is that most times DCF has little to go on until parents start rambling. Resist the urge.
4. Do not allow your to be interviewed. The Social Worker will likely say that have to speak to your child. Not true. They are only permitted to do so under very limited circumstances.
5. Speak to a lawyer. If the visit is unannounced, get the Investigator’s business card and tell them you will be in touch after you to speak to a lawyer. Then sit down with an attorney to discuss how best to handle the visit. On the other hand, it might be best to decline the visit altogether.
Please email me or call (203) 259-5251 if you have questions about DCF Investigations.
This is a common question: how long does it take to get a Connecticut divorce? Or as some phrase it – how quickly can I get divorced?
For starters, Connecticut has a ninety-day waiting period, which starts running on the Return Date. The Return Date is a few weeks after the Defendant spouse is served.
Here are a few factors that affect a divorce timeline:
- A prenuptial or postnuptial agreement
- Jointly owned real estate
- One or both of the spouses is self-employed
- Substantial assets in the marital estate
- Whether one of the spouses is alleging fault as the cause of the breakdown of the marriage
- Disputes regarding children such as custody, visitation, decision-making, relocation and parenting plans
However, without question, the biggest factor is the mindset of the spouses and their attorneys and the type of “approach” they are using.
For example, mediation or a collaborative approach is typically less adversarial and therefore the timeline start to finish is relatively short.
The same is true if the parties are focusing on settlement and they want to truly get it done as soon as possible. As with any good faith negotiation, concessions must be made but this spirit of give and take usually leaves each side feeling that the process was fair.
In these scenarios, think about 4-6 months to get to the finish line.
Of course, not every case can be resolved quickly and fairly. Inevitably, some cases require full-blown litigation. If the case heads to trial, it is at least a year and in some courts (like Stamford) closer to 2 years to get divorced.
A Restraining Order in Connecticut is designed to protect victims of domestic violence. Here’s an overview on how to file one:
1. File the Application (Restraining Order)
The person requesting the Restraining Order (Applicant) must file an Application (found online and at all Clerk’s Offices) along with an Affidavit. The Affidavit must set forth the specific reasons as to why the Applicant needs protection. For example, history of domestic violence, current threats and any other facts showing “immediate and present physical danger to the Applicant.” The circumstances in the Affidavit should not be exaggerated. If they are, the Applicant may lose credibility at a hearing before a judge.
Once filed, the Application and Affidavit will be presented to a judge who will:
- Grant the restraining order on a temporary basis pending a court hearing within 14 days;
- Schedule the matter for a hearing within 14 days but not grant the Application on a temporary basis; or
- Deny the Application altogether.
2. Serve the Restraining Order
The Respondent must be properly served with all the filings and any other orders issued by a judge five days before the hearing date.
3. Attend the Hearing
At the hearing, the Applicant must show that he or she has been “subjected to a continuous threat of present physical pain or physical injury by another family member or household member.”
If a judge grants the restraining order, it can last no longer than one year. However, prior to the expiration of the order the Applicant may request that the order be extended.
In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders for the protection of the Applicant’s children and can change custody or limit visitation. A judge may also enter orders for the protection of any pet owned by the Applicant.
It is possible. Connecticut judges will award sole custody if such an arrangement is in the child’s best interest.
Sole custody also referred to as full custody may be awarded if the other parent is unable or unwilling to participate meaningfully in decisions affecting the child. It may also be granted to one parent if the other parent has exhibited certain behavior, which indicates that he or she is unfit or lacks good parental judgment.
These examples include:
- Domestic violence between the parents;
- Other displays of violence or inability to control anger;
- History of mental health issues;
- Substance abuse;
- Parental alienation;
- Other manipulative behavior such as making false abuse or neglect allegations against the other parent;
- The inability of the parents to agree, cooperate and communicate in important matters relating to the child.
A parent with sole custody and decision making authority may act unilaterally when it comes to issues concerning the child’s health, education, religion and overall welfare. They can but they need not seek the input of the other parent.
However, this does not mean that the other parent will be completely out of the child’s life.
In all but the most extreme of cases, the judge will set a visitation schedule for the non-custodial parent. This prevents the custodial parent from unilaterally deciding when and under what conditions the other parent will spend time with the child.
The majority of cases involving children result in some form of joint decision making. But when it is in the child’s best interest, judges in Connecticut will order a different parenting plan.
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.
The grounds for a Connecticut divorce are:
- The marriage has broken down irretrievably;
- The parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled;
- Adultery;
- Fraudulent contract;
- Willful desertion for one year with total neglect of duty;
- Seven years’ absence, during all of which period the absent party has not been heard from;
- Habitual intemperance;
- Intolerable cruelty;
- Sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;
- Legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint.
In 1973, Connecticut adopted “no fault” divorce and since then just about every marriage is dissolved based on irretrievable breakdown. But this does not mean that fault is not important in a Connecticut divorce.
Contrary to what many spouses think, fault (if it’s the cause of the breakdown of the marriage) is quite relevant in terms of alimony, property distribution and the assignment of debts/liabilities. It can also be relevant when deciding child custody.
Irretrievable breakdown – that’s usually the ground that is alleged.
Please contact me to discuss grounds for a Connecticut divorce.
I think there is some truth to this Connecticut. Divorce rates dropped off a few years ago but seem to have picked up recently.
Have a read: