Legal Articles, Divorce & Family Law
Child Was Neglected, So Return to Mother Was Not in the Child’s Best Interests
In a child custody action involving a neglected child, the Appellate Court of Connecticut upheld a trial court’s determination that it was not in the best interests of a minor child to place him in the custody of his mother, who suffered from anger management issues, faced a criminal charge of risk of injury to her other minor child, and had unresolved mental health and substance abuse issues.
Termination of Parental Rights Upon Finding of Inability to Provide Stable Home For Children
In a child custody action regarding the termination of parental rights, the Appellate Court of Connecticut concluded that a trial court did not abuse its discretion when it terminated a mother’s parental rights to her two minor children was in their best interests.
Courts Can Enforce Non-Parent Visitation Even With Strong Parental Opposition
In a post-judgment action regarding non-parent visitation the Supreme Court of Connecticut ruled where a non-parent applicant for visitation meets his or her burden of proof, the best interests of the child shall be used to effectuate the relationship between applicant and child. In cases where the trial court is concerned for the child’s well-being at the hands of a parent, it wields the power to enforce visitation.
Termination of Parental Rights Denied Upon Successful Rehab
In a child custody action involving parental rights, the Superior Court of Connecticut, Judicial District of Danbury, Juvenile Matters at Danbury found that the Department of Children and Families (Department) did not meet their statutory burden to terminate the rights of a parent who successfully rehabilitated herself.
Trial Courts, Per Statute, Must Articulate Basis for Deviation from Child Support Guidelines
In a post-judgment divorce action, the Appellate Court of Connecticut reversed a lower court’s child support order for failure to explain the basis for deviation from the child support guidelines. Because the Appellate Court was left to speculate as to the relationship of the order to the other financial orders rendered, the entire case was remanded for a new trial as to all financial orders.
Deviation From Agency Policy Upheld Where Foster Placement “Best” Met the Needs of the Children
In a post-judgment action involving agency policy, the Superior Court of Connecticut, Judicial District of Fairfield, Juvenile Matters at Bridgeport upheld the placement of two minor children by the Department of Children and Families (the Department), despite deviation from administrative policy, as the placement “best” met the children’s needs.
Modification of Custody and Visitation: Legal Standard Distinctions
In any post-judgment proceeding to modify orders related to custody and visitation of minor children, the Superior Court is guided by General Statutes § 46b-56 (a), which provides the court with broad authority to make or modify any proper order regarding the custody, care, education, visitation and support of minor children in dissolution actions. Tomlinson v. Tomlinson, 119 Conn. App. 194, 202, 986 A.2d 1119, cert. granted on other grounds, 295 Conn. 916, 990 A.2d 868 (2010).
Psychological Evaluations and Modification of Custody
At the outset of any family law representation, experienced attorneys inquire as to any documented psychiatric history of the participants to evaluate a custody case. Even in the absence of historical psychiatric treatment of any kind, undiagnosed conditions – when properly explored through discovery and presented at trial – may indeed play a role in a Court’s determination of an appropriate parenting plan for a minor child of divorce.
Voluntary Application for Termination of Parental Rights Denied As Not In Child’s Best Interest
In a post-judgment action involving termination of parental rights, the Superior Court of Connecticut, Judicial District of Fairfield, Juvenile Matters at Bridgeport found that despite the existence of a statutory ground for terminating parental rights, the petitioner failed to sustain his burden of proof that it would be in the best interests of the child to do so.
Meaning of “Disability” for Child Custody Purposes is Not Unconstitutionally Vague
In a post-judgment divorce action, the Appellate Court of Connecticut ruled that in making child custody determinations, the core meaning General Statutes § 46b-56 (c), which include sixteen factors to be considered in awarding child custody, is clearly established and is not unconstitutionally vague. Furthermore, a court may consider disability as a determinative factor if it is in the child’s best interest to do so.
