Legal Articles, General Practice

Cases involving the Department of Children and Families typically involve relatively serious allegations of physical and/or emotional neglect.  However, as the following case illustrates, even conduct that does not result in physical or emotional harm to a child can lead to very serious consequences.

In a released decision, the Connecticut Appellate Court upheld the termination of a mother’s parental rights in large part because she failed to achieve a degree of personal rehabilitation as would encourage a belief that, within a reasonable time, she could assume a responsible position in her child’s life.  The trial court record demonstrated that the mother had a very long history of alcohol abuse, which originally led to DCF’s involvement in the case.

You have taken the difficult step of recognizing that a marriage will no longer work – or perhaps you have been served with divorce papers by your spouse.  A world of uncertainty awaits, with questions like: “What will I do now?” “Do I need a lawyer?” “Can we both afford lawyers?” “How ugly will this get?” “What will happen with the children?” “What if I want to retire?” “How long will this take?” “What will I have to pay?” or “What will I receive?” “Will I have to testify in court?” Or perhaps… “Is there another way?” There IS another way.  As an alternative to the traditional divorce model – with dueling attorneys, depositions, motions, court appearances, and skyrocketing costs – many individuals are now turning to private mediation as a means to obtain a divorce judgment.  Mediation is an informal process in which a neutral third party – sometimes a lawyer, sometimes a therapist or counselor – acts as a sounding board and helps the parties identify and resolve their disputes.

In a decision by the Appellate Court of Connecticut, Juma v. Aomo, Judge Sheldon ruled that the trial court had subject matter jurisdiction over the action for dissolution of marriage. The defendant in the case argued that the court lacked subject matter jurisdiction by way of three separate motions to dismiss. Each motion containing the same argument, that he had already commenced an action for dissolution of marriage in Kenya, and that the parties’ marriage could only be dissolved by the Kenyan courts.

In a case involving the Department of Children and Families, a maternal grandmother was permitted to relocate with her granddaughter from Connecticut to North Carolina after successfully intervening in the matter.  By way of background, the plaintiff and defendant were the parents of a thirteen year old child.  Unfortunately, their relationship was filled with conflict which resulted in DCF involvement.

At the outset of a divorce proceeding, many clients will ask what they might expect from a court – or in a settlement agreement – in connection with alimony or the division of marital assets.  One of many statutory factors a court may consider in fashioning support orders or property distribution is the length of the parties’ marriage.  See C.G.S. § 46b-81, 82.

In a post judgment divorce action, the Court allowed the ex-wife to modify alimony and child support, despite language in the parties’ separation agreement precluding them from doing so.  The parties, who were divorced in 2008, were the parents of one minor child.  According to the terms of their separation agreement, the husband was obligated to pay to the wife unallocated alimony and child support in the amount of $225 per week for a period of five years.  The parties agreed that at the end of the five year term, they would calculate child support in accordance with the Connecticut Child Support Guidelines.  The agreement contained language specifically designating the term and amount of the unallocated order as non-modifiable.

Upon beginning an action for a divorce, many people will disclose to their lawyers that the parties had already contemplated the end of their marriage, sometimes many years before.  More often than one would guess, the parties had even mapped out this projected end to their relationship with an agreement written during the marriage itself – maybe hammered out on the family computer, or perhaps scribbled on a restaurant napkin – which was intended by the parties to govern the terms of any divorce that would loom in the future.

When it comes to divorce, dividing assets can be difficult. Who is entitled to what property? Who has to pay debts accumulated during the marriage? These are common questions that couples ask when faced with divorce. It is important to note that couples can answer these questions by themselves. Couples are entitled to dividing property and debts out of court, if this is possible. However, if the case goes to court, a judge will divide these assets and debts for you.

It’s a divorce and child visitation case that already has produced nearly 600 motions and rulings and evidence of insider trading that brought down a multibillion-dollar hedge fund. And as it passes the 10-year mark, the case of former Connecticut investment adviser David Zilkha and his ex-wife, Karen Kaiser, shows no signs of nearing a final resolution. They remain embroiled in disputes over child visitation and fees for hired experts, with more court hearings set for the next two months.