Five years after the court dissolved their marriage, the father moved to modify the custody order due to a change in circumstances. He alleged that the mother alienated the child from him and constantly deprived him of his parenting rights without judicial reprimand. The court issued a temporary order granting the father sole physical custody of the child pending further proceedings.

Court Decision

After three days of hearings, the court granted the father’s motion, finding that the minor child was in “a healthier environment” since the transfer of custody. The mother, on the other hand, “wrongfully engage[d] in efforts to manipulate the minor child,” a characterization imputed by numerous unbiased parties. The court noted the mother’s past inability to comply with court orders, “lengthy pattern of contemptuous conduct,” financial waste, a pattern of parental alienation, and history of false reports of abuse and neglect to government agencies, resulting in wasted investigational efforts.

The court found that the father established a change in circumstances, and it was in the child’s best interests that the father receive sole legal and physical custody. In addition, the court entered orders that severely restricted the mother’s ability to file motions in the matter due to her previous abuses of the system.

Appeal

On appeal, the mother contended that the court abused its discretion by modifying the order, but the Appellate Court quickly rejected this argument. Trial courts have broad discretion in determining what is in the best interests of a minor child, and in this case, there was substantial evidence supporting the trial court’s conclusion. As such, an abuse of discretion did not occur.

The mother also contended that the court orders that restricted her own ability to seek modification of custody and parenting access were impermissible. In its ruling, the trial found that “the defendant has filed … numerous pleadings and complaints that have resulted in unnecessary litigation.” The Appellate Court stated that the imposition of conditions with respect to a party’s ability to file motions, in circumstances such as this, are warranted and do not constitute an abuse of discretion.

Final Outcome

Finally, the mother argued that it was improper for the trial court to base its decision, in part, on a finding of parental alienation. She alleged that because the father did not present expert testimony, and the court did not make any findings with respect to the theory, the court abused its discretion. The Appellate Court readily disagreed, saying that such considerations – manipulation and coercion by a parent – are permitted under General Statutes § 46b-56 (c). Therefore, because the mother failed to establish any grounds for reversal, the Appellate Court affirmed judgment.

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.