Legal Articles, Divorce & Family Law
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.
Court Grants Motion for Contempt Despite Ex-Husband’s Successful Motion to Modify Alimony
In a post judgment divorce action, an ex-husband was found in contempt of court for willfully failing to satisfy his alimony obligation, despite the fact that he filed, and ultimately prevailed on, a motion to modify that obligation. The parties were divorced in 2003 following an uncontested hearing. Per the parties’ divorce agreement, the ex-husband was obligated to pay alimony in the amount of $800 per week until his ex-wife reached the age of sixty-five.
Prenuptial Agreements Invalidated Where Spouse Drafted Prenup in Foreign Language
In a post-judgment divorce action involving prenuptial agreements, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport found that two prenuptial agreements offered during a dissolution proceeding were unenforceable. One document did not conform to a knowledge requirement regarding monetary amounts, while the second was written in a language the plaintiff could not understand, and neither was the plaintiff represented by counsel.
Best Interests of Children Outweighs Legitimate Purpose for Child Relocation
In a post-judgment divorce action involving child relocation, the Superior Court of Connecticut, Judicial District of Fairfield ruled that although a mother had legitimate purposes for relocating to Boston with her minor children, it would not be in the best interests of the children for her to do so and, as such, denied her motion to relocate. The parties were the parents of two minor children, and divorced in 2007 after six and a half years of marriage. As part of their divorce decree granting joint legal and shared physical custody, the parties included a parenting agreement specifically outlining the care, custody, control and parenting of the children.
Father in Contempt of Separation Agreement Provisions Concerning Care of Children
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport found the defendant in contempt of multiple separation agreement provisions regarding the care of his children and the rights and responsibilities each parent shared.
Despite No-Fault Grounds for Dissolution of Marriage, Courts May Consider it When Issuing Monetary Awards
In a post-judgment divorce action involving dissolution of marriage, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford found that in no-fault divorce cases, courts may consider the causes of marriage dissolution in awarding alimony and assigning property.
State Supreme Affirms Contractual Waiver of First Amendment Rights was Intelligent and Voluntary
In a post-judgment divorce action involving first amendment rights, the Supreme Court of Connecticut upheld a lower court’s ruling that the waiver of free speech rights by a party pursuant to a confidentiality agreement was made intelligently and voluntarily, and the party could be sanctioned by the court for breach of the agreement.
Motion to Modify Alimony Granted Upon 25% Reduction in Income
In a post judgment divorce action, the Court granted an ex-husband’s motion to modify alimony after he successfully demonstrated a 26% reduction in income. The parents of four children, the parties were married for approximately 23 years before divorcing in 2004. Pursuant to the Court’s judgment of dissolution, the husband was obligated to pay alimony in the amount of $114,400 per year for a period of four years, followed by $1,200 per week for a period of ten years.
Modification of Custody Orders: “Best Interests of the Child” Standard
Following a divorce (whether after a contested trial or by a negotiated settlement agreement), the parties should expect that circumstances concerning child custody may and likely will change over time – especially if the minor child was young at the time of judgment. In asking a Court for the modification of a custody order, a parent should be aware of the applicable law and prepared to present facts to demonstrate a legal basis for changing a parenting plan.