Before a judge will address visitation schedules for infants and newborns, paternity must be established.
Connecticut presumes that the Husband is the biological father of a child born during the marriage. This presumption can be overcome by clear and satisfactory evidence that the Husband is not the child’s natural father. In today’s world, that usually means DNA testing.
Paternity can also be established when the biological father signs an Acknowledgement of Paternity.
Once paternity is confirmed, the Family Court can consider visitation and custody orders.
Unless there are legitimate fitness issues, babies should be allowed to bond with both parents.
So what should the schedule look like?
Most experts agree that shorter and more frequent visits are best for infants and newborns. For example, a typical schedule might be every other day for 2 hours rather than one long full day visit once per week.
Adhering to a visitation schedule early on is important for the healthy, psychological development of a child.
It also necessary for parents, from the beginning, to form a productive co-parenting relationship so they can work together in the best interest of the child. The “romantic” aspect of the relationship may have ended but the co-parenting relationship will bind the parents for the rest of their lives. Get off on the right foot.
Regardless of what the initial visitation schedule might be, it will need to be adjusted (perhaps several times) based on the changing needs of the child.
Have you been served with a DCF 96 Hour Hold?
Connecticut DCF can use a 96 Hour Hold to remove a child from his or her home without an Order from a judge.
DCF uses this 96 Hour Hold authority when:
- There is probable cause to believe that the child is in imminent risk of physical harm from his or her surroundings; AND
- Immediate removal is necessary to ensure the child’s safety.
DCF cannot hold the child longer than 96 hours without a Court Order.
DCF invokes these holds when there is not enough time for DCF to request an Order of Temporary Custody from a judge.
Examples of when a DCF may invoke a 96 Hour Hold include:
- Serious physical illness
- Serious physical injury
- Dangerous surroundings
DCF 96 Hour Hold
During the 96 Hour Hold, DCF will assess whether the child can be safely returned to their home, but usually they will file an Order of Temporary Custody and a Neglect Petition.
If a judge gives DCF temporary custody, the parents will be summoned to Juvenile Court where they will be given an opportunity to contest the judge’s decision and request that the child be returned to their care.
I represent clients involved with DCF though out Fairfield County including 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 have questions about a DCF 96 Hour Hold or any other DCF related matter.
Email is a great tool to communicate with your ex – but only if used effectively.
Here’s how:
1. Tone. Be polite and courteous even if it pains you. No sarcasm, threats or name calling. And if you are really agitated then take some before you respond.
2. Facts. Keep it business like and stick to the subject. Assume a judge will read it – they just might.
3. KISS. Keep it simple stupid. Identify the issue and make a suggestion. Invite them to make a suggestion of their own. Two to four sentences should do it. Hit send.
4. Minimize. Keep the number of emails to a minimum. Fewer emails keep things calm. Emails flying all over hell tend to make people anxious. You know that person who emails obsessively? Don’t let it be you.
5. Respond. There should be an agreement as to how often email will be checked. Some people check all day – others not so much. Reach an understanding that all emails will be responded to within a specified period 24 hours – 48 hours seems reasonable.
6. Backup. Sure – email can be the primary method of communication but not the only one. Have an alternative way to get in touch in case of an emergency or for other time sensitive matters. Try text, cell phone or the good ole’ fashioned land line.
To change a custody order in Connecticut, a Motion for Modification must be filed.
First, the judge must determine whether there has been a “substantial change in circumstances” since the time of the last custody order.
Second, if there has been a “substantial change in circumstances”, then the judge can modify custody.
In making new custody orders, the judge will consider what is in the “child’s best interest.”
The child’s developmental needs, the ability of a parent to be actively involved in the child’s life and a parent’s capacity to understand and meet the needs of the child are among the “best interest” factors a judge will take into account when modifying custody.
A recent Superior Court case illustrates this.
The child’s academic performance slipped while living with his mother so the father filed a Motion to Modify Custody. He argued that if the child continued to live with the mother his well-being could continue to deteriorate.
Apparently, the mother did not contact the child’s teachers about his grades dropping, failed to attend parent-teacher conferences and did not even know the names of his teachers. In short, she did not involve herself enough in the child’s education.
On the other hand, the father attended parent-teacher conferences, maintained daily contact with his son and the judge ultimately believed that he provided a more structured environment for the child.
Based on these considerations, the court ordered a change in custody finding that it was best for the child to live with the father.
I represent clients in Family Court throughout Fairfield County including 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 have questions about Connecticut Custody.
I just read an article about divorce rates. For first-time marriages, the rate was about 50%. That’s pretty high although it’s in line with other studies I have seen.
But I was surprised to learn that approximately 67% of second marriages end in divorce.
Divorce can cause financial hardship. Even more so for couples going through a second or third divorce.
In recent years, portfolios have shrunk and house values tanked. Incomes are down and job prospects bleak.
It might very well be that a spouse on another marriage has little left over. This is especially true if they are paying alimony or child support as part of prior divorce.
Not to mention there is probably less opportunity in the future to acquire substantial assets.
With the lousy financial climate, it is crucial to protect what you have accumulated.
Prenuptial and post-nuptial agreements reduce marital strife and bypass costly divorce litigation. That’s why I counsel folks that regardless of assets, income and status these agreements are a cost effective way to provide finality in the event of a divorce.
For second marriages, a prenup or postnup is even more essential.
If you were in a car accident as a passenger, it probably involves one of the following situations:
1. The driver of the car in which you were traveling caused the accident;
2. The driver of another car is at fault for the accident;
3. The accident happened because of state or municipal negligence such as an improper construction site, insufficient traffic control, roadway defects or lack of proper signs or lights; or
4. You were using public transportation like a bus or taxi.
In all of the above scenarios, you won’t be considered the reason for the accident. Therefore, you are entitled to receive compensation for your medical bills, lost wages and pain and suffering.
However, some passengers are reluctant to pursue a claim when the driver they were with is at fault. Understandably, they don’t want to get their friend or relative in trouble or take their money. But remember, compensation ultimately comes from insurance rather than directly from your driver.
The first step, is to correctly identify the “at fault” parties. Often this involves significant investigation. Once the parties are made known, claims are made through the appropriate insurance companies. Sometimes demands from multiple parties are required. All of this is the job of your personal injury lawyer.
If the owners or operators of the vehicles failed to maintain insurance, then an injured passenger may make a claim under their own insurance policy. Another job for your lawyer.
You must initiate this type of action in Connecticut within a specified period. Failure to file on time will prevent any recovery regardless of the extent your injuries.