Case Background

The petitioner, father, had six children prior to the birth of his seventh child in 2005 with respondent, mother. The father and mother were friends prior to their relationship turning sexual, and when she informed him that she was pregnant, he said he did not want a seventh child. The father gave the mother money to have an abortion, and although she took this money, she decided not to undergo the procedure. When the mother was hospitalized prior to giving birth to their son, the father admitted he visited her hoping she had had a miscarriage.

The father had numerous orders to pay child support for his six other children, which along with voluntary payments of support totaled $200 per week. The father only made $300 gross per week. The mother succeeded in establishing a child support order for their son, but as of November 2008, the father was in arrears on this order in the amount of $4,653, and he sought a downward modification of this order.

The father made no attempts to visit the child, conveyed that he did not want the child or a relationship with the child, and stated that the child would be better off without him in the child’s life. The father admitted to the social worker assigned to this case that the mother’s child support order was a financial hardship.

Terminating Parental Rights

When a court considers a petition to terminate parental rights, it first considers whether or not, under General Statutes § 17a-112 (j), a statutory ground allowing for termination exists by clear and convincing evidence. One such ground is abandonment, which occurs where a parent does not visit the child, show love or affection for or personally interact with the child, or display any concern for the child’s welfare. If a statutory ground for termination is established, the court then determines whether or not termination is in the best interests of the child.

The Court’s Decision

In this case, the court found by clear and convincing evidence that the child had been abandoned by the father, who failed to maintain a reasonable degree of interest, concern, or responsibility for the child. The father clearly stated he did not want the child or wish for a relationship with him.

However, the court was not convinced that termination was in the best interests of the child, though it might be in the best interests of the father. The degree of concern the father showed in the amount of child support he had to pay the mother was key to this inquiry, and the court was convinced that finances played a significant role in the father seeking termination of parental rights. Because termination was not what was best for the child, the court denied the father’s petition seeking termination of parental rights.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.