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Because mental health of 7-year-old twins' mother had improved to extent that she could safely parent twins on unsupervised and full-time basis, and her living situation offered them greater stability than father's living situation, custody order was modified to change twins' primary residence from father's Texas home to mother's Connecticut home.
The parties were married on May 28, 1994. They both traveled extensively for years. The children were conceived through in-vitro fertilization which took place in Australia. During the first two months after the babies’ birth, the defendant had a brief thought of harming her children during a period when she lacked adequate sleep and was stressed. In June 2001, the plaintiff’s job in Hong Kong was ended, and the family returned to the United States after living in Asia for six years. The family moved to a house in West Hartford, Connecticut. In October 2001 the defendant was admitted to the emergency department at the UCONN Health Center for mental health conditions due to stress and lack of sleep. From 2001 to 2002, the defendant saw a psychologist on a weekly basis. She reported thoughts of suicide to the plaintiff. After several months of couple’s counseling, the plaintiff husband sought divorce. The plaintiff was awarded custody of the children, and the defendant was allotted supervised visitation with the children.
After treatment with several professional psychologists and counselors, the defendant showed signs of noticeable recovery for her mental health conditions. Several professionals found that the defendant had coincided extensively with treatment. The court noted that the defendant’s transition from supervised to unsupervised visitation had gone without incident, and showed significant promise. While there was no guarantee against relapse, the court found that the defendant had been tested more than the average patient, and that all professionals concurred with a reasonable degree of medical certainty the defendant presented no risk to her children or anyone else. With these changes, the court concluded that a transition of custody from the plaintiff father to defendant mother in Connecticut. would actually be in the children’s best interest.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Little v. Smith, 2006 Conn. Super. LEXIS 3139; 2006 WL 21142756 (Conn. Super 2006)
