Father Removed as Guardian After Death of Mother
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Child Custody Divorce & Family Law Child Support
Summary: Blog about a father who lost custody of his children because he neglected to provide for them emotionally or financially.
If you have questions about divorce, legal separation, alimony pendente lite, 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.
Father was removed as guardian to his children as the evidence showed that he failed to provide them with any significant financial or emotional support although he had adequate means to do so, and he denied them the care necessary for their physical well being.
The parties shared two children. In 1989, the mother noticed a lump in her right breast. She was hospitalized frequently in the following years, where the father would sometime visit and bring gifts for the mother and children. The wife died on January 29, 1993. The defendant immediately left without his children, on the explanation that he was emotionally overwrought. The plaintiff, the sister of the mother, brought action for the removal of the father as guardian. She claimed that the defendant father, failed to maintain a reasonable degree of interest, concern or reasonability for the minor’s welfare. The court agreed. The defendant father had displayed a minute interest in the mother and children even before the death. The court noted that the father’s intermittent visits and gifts did not compensate for his general absence during the mother’s illness and subsequent death. In addition, the children had been given little financial support. After the mother’s death, the children were given little food, clothing and overall care. As a result, the children showed physical signs of malnourished and poor health. As a result, the court concluded the husband had overall failed in his duty to provide for his children.
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: Garrett’s Appeal from Probate, 677 A.2d 1000 ; 1994 Conn. Super. LEXIS 2308 (September 8, 1994)
