There are six grounds to terminate parental rights in Connecticut. The three most common are:
1. Abandonment. This occurs when a parent has abandoned the child by failing to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child.
2. Failure to rehabilitate. Rehabilitation refers to whether or not the parent has addressed certain issues so that they have the ability to adequately address the needs of the child. If the parent does not meet this test, then the court must decide whether the parent’s degree of rehabilitation is foreseeable within a reasonable time.
3. No ongoing parent-child relationship. The court is required to determine whether such a parent-child relationship curently 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. This ground usually requires expert testimony from a psychologist or other mental health professional.
A few thoughts about termination of parental rights:
Terminating the parental rights of both parents must occur before a child is free to be adopted.
Termination of parental rights may be decided in Probate Court or Juvenile Court. If DCF is the Petitioner, the case will be heard in Juvenile Court. When a relative or other third party files the Termination Petition, the case will start in Probate Court but may be moved or appealed to Juvenile Court.
Even if grounds exist to terminate parental rights, the court must also independently find that the termination is in the best interest of the child. This is not an automatic particularly with older children who do not wish to be adopted.
Best interest of child in Connecticut. Spend any time in Family Court and you will hear the phrase repeatedly.
But what does “best interests of the child” really mean?
Connecticut General Statutes Section 46b-56(c) sets forth 16 factors that a judge may consider when making or modifying orders concerning custody, visitation and parenting plans.
Here is the top ten list of best interest factors starting with the most important:
- Physical safety of the child;
- Whether there is any neglect or abuse by a parent;
- The child’s emotional safety;
- The action or inaction by a parent that has resulted in any emotional abuse;
- The ability of each parent to meet the medical and emotional needs of the child;
- The developmental needs of the child;
- Which parent is better equipped to meet those developmental needs;
- Each parent’s ability to appropriately discipline and set boundaries;
- Who is the “psychological parent” of the child;
- The informed preferences of the child taking into account age and maturity.
In addition, parental alienation and domestic violence are “game changers.”
If a parent attempts to undermine or manipulate a child’s relationship with the other parent that parent may lose custody.
Ditto for any controlling or coercive behavior.
Please contact me to discuss matter concerning the best interest of child in Connecticut.
I read an article stating that approximately 10% of Family Court cases involve a high conflict divorce. In my experience, this seems about right.
Most attorneys in a given courthouse know of the high conflict divorce cases. After all, when you see the same case on the docket week after week you know it ain’t good.
Here’s what a high conflict divorce looks like:
- Custody battles
- Restraining Orders
- Involvement with law enforcement and/or DCF
- Frequent (and often unnecessary) motions and court appearances
- Taking the case to trial rather than even attempting to reach a settlement
- Allegations of physical abuse or sexual abuse (usually unfounded)
And ordinarily, personalities cause these types of cases. Personalities of one or both spouses. You know the type – outwardly hostile – and perpetually hostile. The type of person who has never had a good day. And who relishes the fight. These folks simply cannot tolerate others who don’t share their opinion.
Be a son of a bitch to your ex (if you feel the need) but never involve the children. The children deserve better.
Shame on you if you do any of the following:
- Undermine the relationship between the child and the other parent
- Use the child as messenger or a spy
- Involve the child in adult decisions
- Make your child feel guilty for causing the divorce
Some folks eventually resolve their differences and move on – others never will.
Connecticut Divorce Attorney
I represent clients in divorce and Family Court matters matters though out Fairfield and New Haven County 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 about divorce or custody issues.
Divorce Courts in Connecticut are more commonly referred to as Family Courts since they decide more than just divorce cases.
In addition to divorces, Family Courts in Connecticut hear:
- Child custody cases;
- Child support cases; and
- Restraining Orders.
If you are going through a divorce, you know the Family Court will decide custody and visitation. Stay here.
But other times you may have to go there.
Custody cases can also be heard in other courts in Connecticut. For example, cases in which DCF has filed a Neglect or Abuse Petition are handled exclusively by the Juvenile Court due to the confidential nature of those proceedings. These cases often involve a change in custody or transferring guardianship to third party relative who has intervened.
Other times Probate Court has jurisdiction to decide a matter including certain Termination of Parental Rights issues and adoptions. Probate Court also determines sole guardianship of children and removing guardianship rights.
All three courts: Family, Probate and Juvenile can enter visitation orders. For grandparents, it is much harder to establish rights in Family Court and significantly easier in other courts.
Given all this, some advance planning and strategy is required for cases concerning children.
Ideally, there wouldn’t be any conflict between parents – especially in the presence of the children. Unfortunately, sometimes hostility does exist and as a result the exchange of children is problematic.
In drafting a Parenting Plan, the logistics of pick-ups and drop-offs is a consideration. If parents are able to “co-parent” effectively – fantastic. They work out the details of the transition.
Otherwise, here are a few suggestions on handling hostile child exchanges:
1. Pick ups and drops at school or daycare.
2. Child is waiting or dropped off curbside or at the end of the driveway – parents stay in the car and the residence.
3. Have a third party present wherever the switch occurs.
4. Exchange at a supervised center but downside is cost.
5. Meet at the local police station. I am not a big fan of this one unless truly necessary based on a significant history of violence.
Hopefully, tension can be reduced over time and the child can simply be exchanged without much flare. Eventually, perhaps the parents can even say hello or at least wave.