Motions for Modification and Motions for Contempt are the two most common post-judgment divorce motions in Connecticut.
Motions for Contempt are typically filed to enforce an existing court order. For example, where a parent owes child support or wrongfully withheld visitation.
In Connecticut, noncompliance of a valid court order is not enough to have a judge hold someone in contempt. The judge must consider the circumstances surrounding the alleged violation and determine whether the violation was willful.
So what does this mean in terms of preparing for a contempt hearing?
You must be prepared. Sounds obvious. But prepared with witnesses for testimony and other documents for the judge to review.
A person cannot be held in contempt simply based on arguments from the parties or other unsworn testimony. The judge must base their decision on evidence.
Check out this recent Connecticut Appellate Court case:
Don’t just show up to Court and “wing it.”
Get organized with the presentation of your evidence.
Or go home disappointed.
Filing Termination of Parental Rights in Connecticut? There must be legally sufficient grounds for a judge to terminate parental rights in Connecticut.
In my opinion, here are the strongest:
1. Abandonment. This occurs when a parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child. Think of a parent being absent for an extended period of time.
2. Failure to rehabilitate. This refers to whether or not the parent has successfully addressed certain issues (i.e. substance abuse, mental health) so that they are able to parent and meet the child’s needs. Consider if they have turned their life around.
3. No ongoing parent-child relationship. This looks at whether a parent-child relationship currently exists 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. Think about how the child views the parent or if they have any feelings about the parent at all.
If the judge finds one of the above ground there must still be a separate finding that a termination of parental rights is in the child’s best interest.
Termination of parental rights is the most serious action a Juvenile Court or Probate Court can take against a parent. Therefore, the standard of proof is higher than in typical custody and visitation case. The judge must find that there is “clear and convincing” evidence to sever parental ties.
Please contact me to discuss filing Termination of Parental Rights in Connecticut.
When DCF initially Substantiates Abuse or Neglect or recommends placement on the Central Registry the alleged perpetrator has the right to appeal the findings at an Administrative Hearing. This is always – always – the best chance for a reversal.
If a parent is unsuccessful, then the the next step is to appeal the Central Registry placement to the Connecticut Superior Court. However, these appeals are usually unsuccessful since the scope of review is very limited. At the Superior Court level, the judge simply has to find that the Hearing Officer did not act unreasonably or arbitrarily in deciding against you.
No second chances. No opportunity to present new evidence. No do overs for DCF Central Registry appeals to the Superior Court.
This is why the initial appeal is so important.
Connecticut DCF Appeals
I represent clients in all DCF related matters though out Connecticut and 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 would like to schedule a consultation about DCF appeals.
A Bill has been raised to establish a presumption of joint or shared custody of minor children and allow a judge to impose sanctions against a parent who knowingly makes a false statement to the court in a custody or visitation proceeding (aka parenting plan).
Here it is: http://www.cga.ct.gov/2013/TOB/h/pdf/2013HB-06685-R00-HB.pdf
As with most proposed Bills, there is spirited debate.
My thoughts:
I certainly support (at least in theory) the notion of both parents playing an active and meaningful role in child’s life. Whether that role truly means an equal division of parenting time is very fact dependent. It is not always practical or best for the child. When deciding issues pertaining to children we cannot paint with too broad of a brush.
The presumption may even increase the number contested custody cases and trials where the issue centers on whether the presumption in a particular case has been rebutted.
The concept between legal custody (decision-making) and physical/residential custody is lost in this Bill.
I am in favor of sanctions being imposed against any parent who engages in manipulative actions involving their child. Bravo. But litigation would be required to prove such behavior. Again, this Bill will not reduce custody litigation.
Thoughts?
Unfortunately, truck accidents caused by jackknifed tractor-trailers occur on highways in Connecticut such as I-95, I-84 and I-91.
Jackknifing refers to a truck accident where the cab and trailer “swivel” on the linkage until they form a V shape. We would all be lucky if these accidents only caused traffic backups yet tragically, they cause serious injuries to the drivers and passengers of cars in close proximity to the jackknife.
From a legal standpoint, a jackknife itself is not enough to establish negligence and to hold the truck driver responsible for injuries to others on the highway. For example, the truck driver may claim there was no choice but to slam on the brakes or swerve to avoid another vehicle and actually, another driver is at fault.
Therefore, properly investigating all the facts and surrounding circumstances are necessary to build a solid case against the driver and the trucking company.
Here are some possible ways to demonstrate truck driver negligence:
- Improper braking
- Failing to negotiate a curve
- Speeding
- Distracted driving (texting, cell phone use, eating etc.)
- Inadequate training as a commercial driver
- Driver fatigue
- Unsafe, unsecured or overweight cargo loads
- Defective equipment.
Remember, negligence must be proved in all car and truck accidents in order to be awarded any compensation.
Not everyone who was in a car accident needs a lawyer.
For example, if there is little or no property damage and no injuries no need to get a lawyer involved.
But when a driver or passenger is injured, you should at least consult with an attorney.
Here are some reasons why and what a personal injury lawyer can help you with:
1. Free consultation. Just about every personal injury lawyer offer no cost consults. You can get your case evaluated with nothing more than your time spent.
2. Deal with insurance adjusters. The insurance company wants the case to go away as soon as possible. Often, they will make an offer that seems enticing but is much less than the true value of the case. A lawyer can assess what your case is worth. Plus, many people are too busy to field calls from adjusters and haggle about settlement.
3. Gather evidence. In some car accident cases, it is clear who was “at fault.” Other times, liability is questionable. In those cases, it is critical as soon as possible to obtain witness statements, investigate the accident scene and document other important information.
4. Apply the law. A car accident can be caused by simple negligence. Yet other times, the conduct of a driver was more than negligent – it was reckless. The filing requirements and the amount of damages depend greatly on the specific conduct of the drivers involved. In addition, failing to meet a statute of requirements will forever bar any recovery regardless of the severity your injuries.