Here, the trial court must undertake a two-pronged analysis.  First, it must determine whether no parent-child relationship exists.  Second, it must look into the future to determine whether it would be detrimental to the child to allow time for such a relationship to develop.  In considering whether an ongoing parent-child relationship exists, the feelings of the child are of paramount importance.  In fact, the ultimate question is whether the child has no present memories or feelings for the natural parent.

Existence of a Parent-Child Relationship

As one recent case illustrates, establishing the non-existence of an ongoing parent-child relationship can be quite challenging.  In that case, the child’s father was incarcerated, and although the Department of Children and Families made several attempts to contact him, the father never replied or inquired into rehabilitative services.  The father knew that the child was in the custody of DCF, yet upon his release he maintained almost no contact with his daughter or the Department.

The only exception was a single day when the father appeared uninvited to a supervised visit between the child and her mother.  The father arrived in the company of an apparently intoxicated friend, and spoke briefly with the child before the visitation supervisor intervened and the father left. This was the father’s only attempt to contact the child, and he exhibited no other interest or support for the child. He did not provide any financial support for the child, sent no cards, letters, gifts or electronic messages, and demonstrated no interest in rehabilitative services.

The Court’s Decision

Based on the foregoing, the Court found that in all likelihood, the child and the Department would know nothing of the father’s whereabouts until his next incarceration.  Nevertheless, because the father appeared at a supervised visit and, according to the visitation supervisor, the child was pleased and excited to see her father, the Court held that the no parent-child claim was not proven as the child’s behavior indicated she had a positive feeling toward her father.

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.