Legal Articles, General Practice

Car accidents in St. Louis carry significant financial, emotional, and societal costs.

In a case involving the Department of Children and Families, the Court sustained an Order of Temporary Custody based on allegations that the child’s mother inflicted physical injury upon her child by disciplining him with a rubber spatula.

In a case involving the Department of Children and Families, the Court removed a child from her home because of the emotional strain the parties’ high conflict post judgment divorce proceedings placed on her.  The parties were divorced in 2009 and had joint custody of their daughter, with the mother having primary physical custody.  According to the Court, after their divorce, the parents fought incessantly and used the child as a means of obtaining or denying access to the other.  The child, who was fifteen years old during the proceedings, did not want to live with either parent due to their constant fighting.

Pursuant to Connecticut General Statutes § 17a-112(j)(3)(D), a court may grant a petition to terminate parental rights if it finds by clear and convincing evidence there is no ongoing parent-child relationship.  This concept is similar to “abandonment” except to the extent § 17a-112(j)(3)(D) specifies that in order to prove there is no ongoing parent-child relationship, one must establish that “the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child.”

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.