If you have questions about divorce, legal separation, alimony entitlement, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Eligible Petitioners

The following may petition for the removal of a parent as guardian of the child

  •  any adult relative of the minor, including those by blood or marriage
  •  the probate court, on its own motion
  • counsel for the minor.

Ineligible Petitioners

The following are not eligible to petition the probate court for removal of the parent as guardian

  • the Department of Children and Families
  • foster parents or neighbors
  • paternal relatives of a putative father unless the father has been adjudicated the father or has legally acknowledged paternity.

Grounds for Removal of Guardian

In order to remove a parent as guardian, the court must find, by clear and convincing evidence, the

  • parent or other guardian has performed acts of commission or omission which have denied the child the care, guidance or control necessary for his/her physical, educational, moral or emotional well-being whether the acts are the result of the physical or mental incapability of the parent or conditions attributable to parental habits, misconduct or neglect, and the parental acts or deficiencies support the conclusion that the parent cannot exercise, or should not in the best interest of the child be permitted to exercise, parental rights
  • child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility for the child’s welfare
  • child has had physical injuries inflicted upon him by a person responsible for the child’s health, welfare or care, or by a person given access to the child by such responsible person; or the child has sustained injuries at variance with the history given of them, or is in a condition which is the result of maltreatment, such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment
  • parent(s) consents to his/her removal as guardian.

DCF Report

When appointing a guardian for the child, the probate court shall consider the

  • ability of the prospective guardian to meet, on a continuing day-to-day basis, the physical, emotional, moral and educational needs of the minor
  • minor’s wishes, if he/she is of sufficient maturity and capable of forming an intelligent preference
  • existence or non-existence of an established relationship between the minor and prospective guardian.
    In preparing its report for the court, the department shall focus on these factors in evaluating the proposed guardian.

DCF Assessment

In preparing the report, the DCF worker shall conduct a thorough assessment of the situation and provide as much information, including a recommendation based on the child’s best interest, to the probate court.

The DCF worker shall conduct

  • home visits
  • social, medical, educational and employment histories for each case participant
    obtaining releases of information for collateral checks within thirty (30) days of case assignment
    conducting collateral checks, i.e., school, doctors, therapists, etc. for everyone residing in the home (Initial letters and phone calls to be completed within forty-five days of case assignment, with follow-up contacts as needed, every other week)
  • criminal records and protective service checks on all parties, age eighteen (18) and older, involved in the case (within fifteen days of case assignment)
  • complete the Assessment of Child and Family for Removal of Guardian and Temporary Custody, DCF-2169 ( initiated within thirty days of case assignment)
  • provide the probate court, if possible, with a recommendation regarding the placement of the child with the proposed guardian/petitioner.

There is no mandated date for completion of the report, but it is preferred that reports are completed and submitted within ninety (90) days.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: CT.gov