It used to be that parents who were active members of the armed forces and deployed were often at a significant disadvantage in custody and visitation cases. However, Connecticut has recently passed legislation designed to minimize the disruption to parents and children caused by deployment.

The new law establishes requirements for three different situations:

1. Stops final action on a pending Modification of Custody or Visitation. When a parent is required to be separated from their child(ren) because of deployment and a Motion for Modification has already been filed, then the judge cannot decide the Modification until 90 days after the deployment ends. This allows the deployed parent to actively participate in the proceeding and insures that their absence cannot be the sole basis for modifying orders.

2. Allows for temporary adjustment of existing orders. The non-deploying parent will be required to make the child available when the deploying parent has military leave and make sure that there are opportunities for telephone and e-mail contact.

3. Pendente lite or orders or if no orders exist. If orders have been issued while litigation is pending (pendente lite) or if no orders have ever been entered, then the Court must create orders when it appears that deployment is imminent. This to make certain that the deploying parent has access to their child(ren) and to set forth other rights and duties during their active service.

These cases are to be given priority on the docket.

Good stuff.

 

people-1Aristotle made several efforts to explain how moral conduct contributes to the good life for human agents, including the Eqikh EudaimonhV and the Magna Moralia, but the most complete surviving statement of his views on morality occurs in the Eqikh Nikomacoi.

There he considered the natural desire to achieve happiness, described the operation of human volition and moral deliberation, developed a theory of each virtue as the mean between vicious extremes, discussed the value of three kinds of friendship, and defended his conception of an ideal life of intellectual pursuit.

But on Aristotle’s view, the lives of individual human beings are invariably linked together in a social context. In the Peri PoliV he speculated about the origins of the state, described and assessed the relative merits of various types of government, and listed the obligations of the individual citizen.
Working from home meant we could vary snack and coffee breaks, change our desks or view, goof off, drink on the job, even spend the day in pajamas, and often meet to gossip or share ideas. On the other hand, we bossed ourselves around, set impossible goals, and demanded longer hours than office jobs usually entail. It was the ultimate “flextime,” in that it depended on how flexible we felt each day, given deadlines, distractions, and workaholic crescendos.

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But on Aristotle’s view, the lives of individual human beings are invariably linked together in a social context. In the Peri PoliV he speculated about the origins of the state, described and assessed the relative merits of various types of government, and listed the obligations of the individual citizen.
Working from home meant we could vary snack and coffee breaks, change our desks or view, goof off, drink on the job, even spend the day in pajamas, and often meet to gossip or share ideas. On the other hand, we bossed ourselves around, set impossible goals, and demanded longer hours than office jobs usually entail. It was the ultimate “flextime,” in that it depended on how flexible we felt each day, given deadlines, distractions, and workaholic crescendos.

Successful people ask better questions.There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don’t look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn’t anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet.

But on Aristotle’s view, the lives of individual human beings are invariably linked together in a social context. In the Peri PoliV he speculated about the origins of the state, described and assessed the relative merits of various types of government, and listed the obligations of the individual citizen.
Working from home meant we could vary snack and coffee breaks, change our desks or view, goof off, drink on the job, even spend the day in pajamas, and often meet to gossip or share ideas. On the other hand, we bossed ourselves around, set impossible goals, and demanded longer hours than office jobs usually entail. It was the ultimate “flextime,” in that it depended on how flexible we felt each day, given deadlines, distractions, and workaholic crescendos.

Successful people ask better questions.There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don’t look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn’t anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet.

But on Aristotle’s view, the lives of individual human beings are invariably linked together in a social context. In the Peri PoliV he speculated about the origins of the state, described and assessed the relative merits of various types of government, and listed the obligations of the individual citizen.
Working from home meant we could vary snack and coffee breaks, change our desks or view, goof off, drink on the job, even spend the day in pajamas, and often meet to gossip or share ideas. On the other hand, we bossed ourselves around, set impossible goals, and demanded longer hours than office jobs usually entail. It was the ultimate “flextime,” in that it depended on how flexible we felt each day, given deadlines, distractions, and workaholic crescendos.

Successful people ask better questions.There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don’t look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn’t anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet.

Emergency Custody requires a parent to act quickly.  There are times when a parent needs to assume custody immediately to protect their child. If DCF has not already filed for Temporary Custody in Juvenile Court then the parent should request immediate custody by filing an emergency motion in Family Court.

Here’s how it works:

1. Jurisdiction. The Family Court will need to make a preliminary finding that it can hear the case. Generally, the child must have lived in Connecticut for at least the last 6 months. However, even if this rule is not met, Connecticut can decide the case if the child is currently in this state and has either been abandoned or there is an emergency affecting the child’s well being.

2. Affidavit. Once the Family Court takes the case it can enter a custody order without a hearing and without the other parent’s input. This is called an ex parte order. An Affidavit must be filed detailing how the child is subject to unsafe conditions and abusive treatment or neglect when in the care of the other parent.

3. Hearing. Whether or not the judge grants ex parte custody a hearing will be scheduled in two weeks so that the other parent can be heard and for the judge to determine future custody orders.

These cases are very fact dependent and the Affidavit is key. This process is not a quick substitute for filing a Modification of Custody but should be used when there are legitimate and identifiable child welfare concerns.

Connecticut Custody Lawyer

I represent clients in Connecticut Family Court and custody proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.

Contact my offices in Fairfield or Stamford online or by calling 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 Emergency Custody process.

When DCF files a Neglect Petition in Juvenile Court they can also request an Order of Temporary Custody (OTC). Here is a snapshot of the OTC process:

1. Ex parte. DCF presents a judge with Affidavits from social workers, pediatricians and others who have information as to why the OTC should be granted. The parents do not have an opportunity to present any evidence of their own at this stage. The judge will review the affidavits and decide whether an OTC is necessary. If the judge signs the OTC, the parents/guardians will be served with the OTC, Affidavits, Neglect Petition and Summons to appear in Court for a preliminary hearing.

2. Preliminary hearing. At this court appearance, there will be a conference to discuss whether there is an agreement to sustain or vacate the OTC. If there is no agreement, the parents will be advised of their right to contest the OTC at an evidentiary hearing within 10 days. This is an extremely important decision. Sometimes it makes sense to waive the 10-day hearing – like when a criminal case or investigation is pending. However, many other times the best strategy is to contest the continuation of OTC at the 10-day hearing.

3. The 10-day hearing. DCF presents evidence from documents and testimony from witnesses to try to establish that the child is in imminent risk of physical harm from their surroundings. The parents have a chance to cross-examine these witnesses and present their own witnesses to convince the judge that the child should be returned to their care.

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