Legal Articles, General Practice
Lack of Fair Disclosure Invalidates Prenuptial Agreement
In a divorce action regarding fair disclosure, the Appellate Court of Connecticut reversed a trial court decision that validated a prenuptial agreement, despite the fact that one party failed in his duty to fairly and reasonably disclose his income prior to signing the agreement.
Relocation of a Minor Child OK, Father Failed To Supply Adequate Record for Court To Review
In a divorce action regarding the relocation of a minor, the Appellate Court of Connecticut upheld a lower court’s ruling allowing a mother’s relocation with her minor child to Virginia. Because the father failed to provide articulable facts in support of an additional claim, the court declined to review it.
Joint Legal Custody Means No International Removal of Minor Children Without Written Consent
In a divorce action, the Superior Court of Connecticut, Judicial District of Fairfield, Middlesex Regional Family Trial Docket at Middletown awarded joint legal custody of the minor children and found the father in contempt of previously issued court orders. It further prohibited the parties from removing the children from the country without the written agreement of both parents, after one threatened to do so.
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).
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