I am seeing more and more shared custody arrangements in Connecticut. In a shared custody situation, both parents have significant parenting time with their child. Some shared custody plans call for an exact 50/50 time sharing scenario while other plans are not necessarily an exact division of time.
There are countless shared custody schedules, which vary depending on the particulars of the family.
Here are a few of the more popular 50/50 schedules:
2/2/3 schedule. The week begins with the mother having the child Monday and Tuesday. The father has the child Wednesday and Thursday. The child spends the weekend with Mother. The schedule alternates in the next week. It looks like this:
Week #1. M M F F M M M
Week# 2. F F M M F F F
2/2/5/5 schedule. The mother has the child every Monday and Tuesday. The father has the child every Wednesday and Thursday. The parents alternate weekends (Friday, Saturday and Sunday).
I like this schedule the best. It gives the child longer blocks of time (but not too long) with a parent and there is less back and forth between homes. I think set weekdays for the child provide stability and makes it easy for the child.
Week on and week off. In this arrangement, the parents simply alternate weeks – week #1 child is with mother and week #2 child is father. This schedule is often used if the parents do not live near each other. However, the downside is that the child goes a long time with out seeing the other parent.
Regardless of the schedule you choose, be sure to include provisions for vacations, holidays and special events, which should take precedence over the regular schedule.
Please email me or call (203) 259-5251 for additional information concerning shared custody in Connecticut.
On occasion, I get a phone call that sounds something like this:
“Hey I have this great personal injury case – I have to tell you all about it.”
Or “I have clear case of slander. It’s a slam dunk!”
These cases rarely live up to the hype. Typically, the potential client knows the case has problems and, in an attempt to get representation, they try to oversell it.
But what makes a good Connecticut personal injury case? Or, on the flip side, what are the three biggest problems with a potential personal injury case?
Problem #1 – Bad Liability. Liability refers to fault. Who or what caused the accident? Did you contribute in some way the accident? Essentially, who is to blame? Some cases are referred to as clear liability cases. For example, you were driving a car, which was unexpectedly rear-ended or you were a passenger in a vehicle. Other cases, involve questionable liability such as who had the right of way at a stop sign. While questionable liability cases can be problematic, they may still be worth pursuing if there are significant damages and there is a source of payment to collect from.
If you clearly caused the accident, you will not be entitled to recovery.
2. Problem #2 – Minor Damages. Even if your case involves clear liability, it may have little value if you have not sustained any damages. Damages include economic damages such as medical bills, property loss and lost wages. It also includes non-economic damages like pain and suffering and compensation for any disability related to your injuries. In some cases, there is also potential recovery for punitive damages if a person’s conduct is considered reckless.
3. Problem #3. Lack of insurance or an identified source of payment. If there are issues with insurance coverage and no other sources of satisfying a judgment (i.e. property to attach or bank accounts to levy) are available, you may not be able to collect your money.
Earlier this month, a pregnant woman was hospitalized after she was injured in a rollover accident in Bridgeport, Connecticut. The accident occurred when a man who was fleeing police ran into her car as she was turning into her driveway. Her SUV rolled over.
According to authorities, the at-fault driver was spotted burglarizing a Fairfield office building. An unmarked squad car followed him when he got into his car, beginning a chase that eventually included multiple police cars. The chase led to Bridgeport, where the suspect struck the woman’s car.
Thankfully, the woman was not seriously injured and it appears her baby is okay. Yet, this car accident begs the question: What would have happened if the woman and her baby were injured? Can a family recover compensation for an infant injured in utero?
A mother can recover compensation for all of her injuries in a car accident, including injuries related to the unborn child. Any medical bills that arise out of the accident, including medical bills related to the baby’s distress, can be considered in a personal injury claim.
Additionally, parents can bring a civil cause of action on behalf of the unborn child for the injuries he or she sustained in an accident. However, the damages cannot overlap. In other words, if the mother receives compensation for medical bills related to the fetus, the parents will not be able to recover additional compensation for those same bills through a lawsuit in the fetus’ name.
Most importantly, if you are involved in a car accident while pregnant, seek medical attention immediately. The womb is a place of protection for the baby, but it is possible that problems can occur, such as the placenta separating from the uterus (placental abruption). Even if you are deemed healthy, pay attention for certain signs of distress throughout your pregnancy, including: bleeding, abdominal pain, unexpected contractions and a change in the baby’s movement (reduction). These may be signs of undetected problems related to the car accident.
Source: CtPost.com, “Pregnant woman injured in crash during police pursuit,” Tom Cleary, July 9, 2012.
School is out but grades are in for DCF in Connecticut.
The bad:
1. The rate of timely adoptions is at its lowest since 2004.
2. The rate of eligible children being reunified with thier parents dropped to its lowest rate since 2009.
The good:
1. More “at risk” children are being placed with relatives. Connecticut, at one time, had one of the worst rates in the nation in this all important category.
2. The number of children placed out of state has significantly decreased.
DCF has also eliminated the practice of unannounced visits by DCF Social Workers for non-emergency situations and routine investigations.
It looks an overall grade of C+. Or am I being too charitable?
Here is the article: http://www.ctmirror.org/story/16956/dcf-report-card-adoptions-and-family-reunifications-lowest-years
In most cases in Juvenile Court, DCF alleges that the child has been neglected or abused. That is the neglect or abuse has already occurred.
But, there are occasions where DCF seeks a finding of neglect not based on what has already happened but based on what may happen in the future. This called is often referred to as “predictive neglect.” This concept is often associated with children born after the family has already had significant DCF involvement with other children.
This theory has been accepted by Juvenile Courts on the premise that since DCF is a child welfare agency they are not required to wait for a child to be actually harmed to protect a child.
Previously, DCF could establish “predictive neglect” by simply proving that the child would be at potential risk of neglect if the child remained with their parent or caregiver.
However, a recent ruling from the Connecticut Supreme Court clarifies the proper standard for finding children neglected under the theory of “predictive neglect.” DCF can no longer establish neglect based on potential risk. Instead, DCF must show a bit more. They must prove that it is more likely than not that child will actually be harmed.
This new standard will make it somewhat more difficult for DCF to adjudicate children based on “predictive neglect” though I suspect that we will still see these types of cases in Juvenile Court.
Please contact me to discuss DCF cases in Connecticut.
Poor driving habits endanger the lives of everyone else sharing the road. When individuals engage in risky behavior on the road, such as racing other vehicles, it is not surprising that serious traffic accidents causing injuries and even deaths can occur.
In June of 2011, one such car accident in Bridgeport resulted in the death of a 26-year-old man. The woman who was driving the vehicle was racing another vehicle. Even after law enforcement officers began pursuing the racing vehicles, the woman failed to slow down or stop her vehicle. She then ran through a stop sign and crashed into another car in the middle of an intersection.
The man who was killed was a passenger in the woman’s vehicle. The two were engaged to be married and had a young daughter together.
Criminal charges and car accidents
Recently, prosecutors filed criminal charges against the woman who caused the accident. She faces charges of “second-degree manslaughter with a motor vehicle, evading responsibility, driving under the influence of alcohol or drugs and three counts of second-degree assault with a motor vehicle.”
Criminal charges often play a role in accidents involving reckless driving. However, the criminal case is meant to punish the reckless driver, not help the family recover compensation.
To recover compensation, family members who have lost a loved one in a fatal car accident can bring a civil cause of action against the negligent party who caused the accident. An experienced personal injury lawyer can help a family recover compensation for damages such as medical expenses, funeral expenses, loss of income, and pain and suffering.
Source: CT Post, “Shelton woman charged in fatal Bridgeport crash,” Daniel Tepfer, July 9, 2012.