Monthly Archives: February 2012

Court Rules that Evidence of Prior Actions May Be Used to Substantiate Neglect

In a recent appeal involving the Department of Children and Families, the Court (Cohn, J.), explained that in the context of DCF proceedings, evidence of prior actions may be used to substantiate physical neglect.  In that particular case, the appellant and his wife had a history of engaging in domestic violence, and one of their… Read more


In Educational Neglect Proceeding, Court Rules that “Detrimental Effect” is not Required

In the case of In Re Amurah B., Superior Court, Judicial District of Middlesex, Docket No. M08CP09010939A (March 12, 2010, Rubinow, J.), the Court addressed whether the Department of Children and Families must demonstrate a “detrimental effect” before it can enter a finding of educational neglect.  In that particular case, DCF initially filed petitions alleging… Read more


Court Transfers Guardianship of Child to Maternal Grandmother

In a recent case involving the Department of Children and Families, the Court granted a mother’s motion to transfer guardianship to the child’s maternal grandmother.  DCF initially became involved in the matter after receiving reports that the parents were engaging in domestic violence and substance abuse.  Although the Court originally entered an order of protective… Read more


Despite Father’s Unemployment, Court Awards Support Based on Earning Capacity

Recently, a Connecticut Superior Court again applied the principle of utilizing a party’s “earning capacity” – rather than actual earnings – to the modification of a support award in post-judgment matrimonial action.  Earning capacity is not an amount that a person can “theoretically earn,” nor is it confined to actual income, but rather it is… Read more


Court Permits Trasfer of Guardianship to Out-Of-State Aunt

In a recent decision involving the Department of Children and Families, a Connecticut trial court granted a maternal aunt’s motions for out-of-state placement and transfer of guardianship.  The children were originally removed from the mother’s care pursuant to an Order of Temporary Custody upon allegations that they were being denied proper care and attention, and… Read more


Court Approves Permanancy Plan Including Termination of Parental Rights

In a recent decision involving the Department of Children and Families, the Court overruled the respondent mother’s objection to a proposed permanency plan that included termination of parental rights and adoption.  At the time of the hearing, the children were fourteen and eleven years old.  They both had special educational needs and were victims of… Read more


Court May Terminate Parental Rights Even Though Adoption Arrangement is not Secured

In the case of In Re Davonta V., 285 Conn. 483 (2007), the Connecticut Supreme Court addressed whether it is ever in  a child’s best interest to terminate parental rights when an adoptive family has not yet been secured.  In that case, the child was the subject of a neglect petition filed by the Department… Read more


Court Denies Foster Parent’s Right to Intervene in DCF Proceeding

In a recent decision involving the Department of Children and Families, the Superior Court (Simon, J.) precluded a foster parent from intervening in proceedings designed to reunify a child with her biological father.  DCF originally filed a request for an order of temporary custody, which the Court sustained by agreement, as well as a neglect… Read more


Request for Attorneys’ Fees Denied: Court finds that wife “cannot be rewarded for her own financial indiscretions.”

This week, the Superior Court in the Judicial District of Fairfield (Owens, JTR) issued a decision following a contested post-judgment divorce hearing in which an ex-wife sought counsel fees from her ex-husband in an amount of “not less than $50,000.00.” The parties, who had been divorced since shortly after their divorce trial in the spring… Read more


Court Modifies Unallocated Support Down to $3,200 per Month

In Rosen v. Grand, Superior Court, Judicial District of Stamford-Norwalk, Docket No. FSTFA044000277S (Aug. 25, 2011, Wenzel, J.), the plaintiff husband filed a motion to modify his unallocated alimony and support payments six years after the parties’ divorce.  The plaintiff and defendant were originally married in 1989 and had two children together. When they were… Read more


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