When a court creates or modifies orders governing child custody and visitation, it is imperative that they place the best interests of the children at the forefront. General Statutes § 46b-56(c) enumerates sixteen non-exclusive factors that a court may consider. The wish of a child is one factor – but it isn’t the only one. In this case, the trial court seriously considered the children’s preferences as part of a larger picture and elected against honoring them.
As the court put it, the middle child “can’t be the one that is making the decisions here.” The Appellate Court found that the trial court properly considered the entirety of the evidence it had on hand and weighed many of the factors governing the best interests of the children. As such, the Appellate Court denied this ground for appeal.
Appointed Guardian Ad Litem
A court may appoint a guardian ad litem (guardian) if the court doing so is in the best interests of a minor child. This person is disinterested, or “unbiased by personal interest or advantage,” and as such speaks on behalf of the child’s best interest. Guardians are tasked with a multitude of duties, which include making recommendations to the court through testimony. The credibility and evidentiary effect of this testimony is weighed by the trial court, to which the appellate courts will defer. In this case, the mother admitted that the guardian was a “seasoned veteran and a competent professional [with] no ax to grind.”
The attorney for the minor children echoed a similar sentiment. When the guardian testified on behalf of the father, all attorneys involved had a fair opportunity to cross-examine her. As the Appellate Court determined, the guardian’s role was to provide a recommendation as a neutral party, to be considered with all other evidence before the court, and the trial court did not abuse its discretion by following her recommendation. As such, the court denied this ground for appeal as well.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
