Connecticut Judicial Branch Law Libraries
Copyright © 2000-2008, Judicial Branch, State of Connecticut. All rights
reserved.
Parents Who Live
Separately in Connecticut
· "The liberty interest at issue in this case—the interest of parents in the care, custody, and control of their children—is perhaps the oldest of the fundamental liberty interests recognized by this Court [U.S. Supreme Court]. Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.ed.2d 49, 56 (2000).
· “Father and mother joint guardians. The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. § 45a-606 (2008).
· “Orders re children where parents live separately. Commencement of proceedings. In all cases in which the parents of a minor child live separately, the superior court for the judicial district where the parties or one of them resides may, on the application of either party and after notice given to the other, make any order as to the custody, care, education, visitation and support of any minor child of the parties, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause..” Conn. Gen. Stat. § 46b-61 (2008).
· U.S. Supreme Court: “The liberty interest at issue in this case — the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by this Court.” Troxel v. Granville, 530 U.S. 57, 65, 120 S. Ct. 2054, 147 L.Ed. 49 (2000) (Emphasis added)
· “Connecticut courts likewise have recognized the constitutionally protected right of parents to raise and care for their children . . . . When legislation affects a fundamental constitutional right, it must be strictly scrutinized.” Fish v. Fish, 285 Conn. 24, 41 (2008). (Emphasis added).
· Standing Requirement: “Where fundamental rights are implicated, such as in the present case, standing serves a function beyond a mere jurisdictional prerequisite. It also ensures that the statutory scheme is narrowly tailored so that a person's personal affairs are not needlessly intruded upon and interrupted by the trauma of litigation.” Roth v. Weston, 259 Conn. 202, 219, 789 A.2d 431 (2002). (Emphasis added).
· Dissolution of marriage, legal separation and annulment
Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol screening. Conn. Stats.§ 46b-56(a)(2008).
Contents of this chapter
§ 1. Rights of Fathers in Connecticut
§ 2. Rights of Mothers in Connecticut
§ 7. Termination of Parental Rights (TPR)
§ 7a. Rights of Parents In TPR
§ 7d. Equal Protection of the Laws
§ 7e. Notice and Opportunity to be Heard
Tables in this chapter
Table 1. Marital Presumption of Legitimacy
Table 2. Factors Court May Consider When Awarding Custody
Table 3. Rights of the remaining parent in TPR
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SCOPE: |
Bibliographic resources relating to parental rights and status of fathers in paternity, termination of parental rights, adoption, custody, and visitation actions. Includes right to notice and counsel.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. §45a-606 (2008)
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STATUTES:
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· Conn. Gen. Stat. (2008) § 45a-606. Father and mother joint guardians. § 46b-61. Orders re children where parents live separately § 46b-215. Relatives obliged to furnish support, when. Orders.
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COURT RULES
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· Connecticut Practice Book (2008) Chapter 25 Superior Court - Procedure in Family Matters § 25-3. Action for custody of minor children § 25-4. Action for visitation of minor child
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CASES: |
· U.S. Supreme Court n Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.ed.2d 49, 58 (2000). “Accordingly, so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent's children.”
n Stanley v. Illinois, 405 U.S. 645, 658, 92 S. Ct. 1208, 31 L.Ed. 2d 551 (1972). “The State of Illinois assumes custody of the children of married parents, divorced parents, and unmarried mothers only after a hearing and proof of neglect. The children of unmarried fathers, however, are declared dependent children without a hearing on parental fitness and without proof of neglect. Stanley’s claim in the state courts and here is that failure to afford him a hearing on his parental qualifications while extending it to other parents denied him equal protection of the laws. We have concluded that all Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody.”
n Caban v. Mohammed, 441 U.S. 380, 99 S.Ct. 1760, 60 L.Ed. 2d 297 (1979).
n Quilloin v. Walcott, 434 U.S. 246, 98 S.Ct. 549, 54 Led.2d 511 (1978).
n Lehr v. Robertson, 463 U.S. 248, 266-267, 103 S,Ct. 2985, 77 L.Ed. 2d 614 (1983). “the existence or nonexistence of a substantial relationship between parent and child is a relevant criterion in evaluating both the rights of the parent and the best interests of the child . . . . We therefore found that a Georgia statute that always required a mother’s consent to the adoption of a child born out of wedlock, but required the father’s consent only if he had legitimated the child, did not violate the Equal Protection Clause . . . . We have held that these statutes may not constitutionally be applied in that class of cases where the mother and father are in fact similarly situated with regard to their relationship with the child.”
· Connecticut q Roth v. Weston, 259 Conn. 202, 205, 789 A. 2d 431 (2002). “We conclude that the statute is unconstitutional as applied to the extent that the trial court, pursuant to the statute, permitted third party visitation contrary to the desires of a fit parent and in the absence of any allegation and proof by clear and convincing evidence that the children would suffer actual, significant harm if deprived of the visitation.”
q Weidenbacher v. Duclos, 234 Conn. 51, 661 A.2d 988 (1995). See Table 1
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WEST KEY NUMBER:
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· Children out-of-wedlock # 20 Custody # 21-23 Support # 30-79 Paternity proceedings
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ENCYCLOPEDIAS: |
· 41 Am Jur 2d Illegitimate Children (2005). § 92. Duty of putative father § 100. Rights of father § 101. Rights of father—Visitation
· George L. Blum, Annotation, Right of Jailed or Imprisoned Parent to Visit from Minor Child, 6 ALR6th 483(2005).
· Robin Cheryl Miller, Annotation, Right Of Putative Father To Visitation With Child Born Out Of Wedlock, 58 ALR5th 669 (1998).
· Russell G. Donaldson, Annotation, Natural Parent’s Parental Rights As Affected By Consent To Child’s Adoption By Other Natural Parent, 37 ALR4th 724 (1985).
· Annotation, Comment Note—Right Of Natural Parent To Withdraw Valid Consent To Adoption Of Child, 74 ALR3d 421(1976).
· W.E. Shipley, Annotation, Woman’s Right To Have Abortion Without Consent Of, Or Against Objections Of, Child’s Father, 62 ALR3d 1097 (1975).
· W.E. Shipley, Annotation, Death Of Putative Father As Precluding Action For Determination Of Paternity Or For Child Support, 58 ALR3d 188 (1974).
· Thomas J. Goger, Annotation, Rights Of Putative Fathers To Custody Of Illegitimate Child, 45 ALR3d 216 (1972).
· Annotation, Necessity Of Securing Consent Of Parents Of Illegitimate Child To Its Adoption, 51 ALR2d 497 (1957).
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TEXTS & TREATISES:
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· 8A Arnold H. Rutkin et al., Connecticut Practice Series, Family Law And Practice with Forms (2d ed. 2000). Chapter 47. Property rights and agreements between unmarried cohabitants
· 5 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2008). Chapter 30 Rights of putative fathers to custody and visitation § 30.02. The putative father’s standing to seek custody of his child § 30.03. Rights of the putative father vs. the natural mother or legal parent § 30.04. Rights of the putative father vs. a non-parent § 30.05. Rights of the putative father to visitation § 30.06. Right of the putative father to have his child bear his surname
· 2 Disputed Paternity Proceedings (2008). Chapter 27. The rights of putative fathers § 27.02 The constitutional foundation § 27.03. The constitutional implications of the protections of putative fathers and the extent of those rights in particular cases [2]. Paternity actions [3]. Custody and visitation [4]. Adoptions, termination of parental rights, and notice issues
· 1 Joan Heifetz Hollinger et al. Adoption Law & Practice (December 2007). § 2.04. Father of the child [2]. Status of unwed fathers in adoption proceedings [a] The traditional rule [b] Recent constitutional cases extending rights to unwed fathers [c] Determining the need for consent from unwed fathers
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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Table 1 Marital Presumption of Legitimacy
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Marital Presumption of Legitimacy in Connecticut
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Definition |
a “presumption of legitimacy,” . . . postulates that a child born in wedlock is presumed to be a legitimate child of the mother and her husband. Weidenbacher v. Duclos, 234 Conn. 51, 68-69, 661 A.2d 988 (1995)
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Rebuttable |
“. . .we have held that this presumption may be rebutted by a person who presents clear, convincing and satisfactory evidence that the mother's husband is not the child's natural father . . . . Indeed, we have not limited or restricted in any way the class of persons who may present such proof and thereby overcome the presumption.” Ibid, p. 69.
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Not a per se bar |
“In sum, there is no persuasive reason today to deny the putative father of a child born in wedlock the opportunity to rebut the presumption of legitimacy. Accordingly, we hold that the mere fact that a child was born while the mother was married is not a per se bar that prevents a man other than her husband from establishing standing to bring an action for a writ of habeas corpus for custody of or visitation with a minor child.” Ibid., pp. 73-74.
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Best interests of the child |
“In deciding whether the putative father has standing, the trial court, on the basis of all the evidence before it, must determine whether the putative father has established that his interests and the best interests of the child outweigh those of the marital family unit.” Ibid., pp. 76-77
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Twofold task |
“In accordance with our precedents, the petitioner has a twofold task ahead. First, he must prove, by clear and convincing evidence, that he is the biological father . . . . Second, the petitioner must prove to the trial court that it is in the best interests of . . . [the child] that he be awarded custody or visitation. Ibid., p.78
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Legislative History |
“It seems obvious then from the remarks of the chairman of the house judiciary committee at the time that the amendment in question was introduced that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage. The court concludes that in view of the legislative history resulting in the present § 46b-61 of the General Statutes, the father of an illegitimate child need no longer be limited to bringing a petition for a writ of habeas corpus to invoke the jurisdiction of the Superior Court in a question regarding custody. It is clear that it was the intent of the legislature to permit an illegitimate father to institute a cause of action regarding custody under the authority of § 46b-61, as was done in the present case.” Stevens v. Leone, 35 Conn. Sup. 237, 239-240, 406 A.2d 402 (1979).
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SCOPE: |
Bibliographic resources relating to parental rights and status of mothers in paternity actions.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. § 45a-606 (2008)
· “Once alleged parental rights of the father have been adjudicated in his favor under subsection (b) of this section, or acknowledged as provided for under section 46b-172, his rights and responsibilities shall be equivalent to those of the mother, including those rights defined under section 45a-606." Conn. Gen. Stat. § 46b-172a(g) (2005) (emphasis added).
· Compelling disclosure of putative father. Institution of action: “If the mother of any child born out of wedlock, or the mother of any child born to any married woman during marriage which child shall be found not to be issue of the marriage terminated by a decree of divorce or dissolution or by decree of any court of competent jurisdiction, fails or refuses to disclose the name of the putative father of such child under oath to the Commissioner of Social Services, if such child is a recipient of public assistance, or otherwise to a guardian or a guardian ad litem of such child, such mother may be cited to appear before any judge of the Superior Court and compelled to disclose the name of the putative father under oath and to institute an action to establish the paternity of said child.” Conn. Gen. Stat. § 46b-169(a) (2008).
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STATUTES:
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· Conn. Gen. Stat. (2008) § 45a-606. Father and mother joint guardians.
§ 46b-61. Orders re children where parents live separately
§ 46b-160. Petition by mother or expectant mother
§ 46b-169. Compelling disclosure of name of putative father. Institution of action
§ 46b-215. Relatives obliged to furnish support, when. Orders.
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COURT RULES
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· Connecticut Practice Book (2008) Chapter 25 Superior Court - Procedure in Family Matters § 25-68. Right to counsel in State initiated paternity actions
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CASES: |
· Stevens v. Leone, 35 Conn. Supp. 237, 239-240, 406 A.2d 402 (1979). "It seems obvious from the remarks of the chairman of the house judiciary committee at the time that the amendment [Conn. Gen. Stat. § 46b-61] was introduced that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage."
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DIGESTS: |
· ALR Index: Legitimacy of children · ALR Digest: Children Out-of-Wedlock · Connecticut Family Law Citations: Paternity
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WEST KEY NUMBER:
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· Children out-of-wedlock # 20 Custody # 21-23 Support # 30-79 Paternity proceedings
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ENCYCLOPEDIAS: |
· 41 Am Jur 2d Illegitimate Children (2005). § 97. Rights of mother, generally § 98. —Loss of mother’s right
§ 34. Custody in general § 35. Parent and nonparent § 36. Change of custody between parents § 37. Mother
· David M. Holliday, Annotation, Paternity Proceedings: Right To Jury Trial, 51 ALR4th 565 (1987).
· Annotation, Natural Parent’s Parental Rights As Affected By Consent To Child’s Adoption By Other Natural Parent, 37 ALR4th 724
· Annotation, Right Of Natural Parent To Withdraw Valid Consent To Adoption Of Child, 74 ALR3d 421
· Annotation, Necessity Of Securing Consent Of Parents Of Illegitimate Child To Its Adoption, 51 ALR2d 497 (1957).
· Cause Of Action On Behalf Of Child Or Mother To Establish Paternity, 6 COA2d 1 (1994). Plaintiff's case for paternity § 4. Generally § 5. Mother's sexual intercourse with defendant § 6. ¾Intercourse during period of child's conception § 7. Absence of intercourse with other men § 8. Child's biological affinity to defendant
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TEXTS & TREATISES:
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· 8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). § 42.2. Rights of Unmarried or Non‑cohabiting Parents
· 5 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2005). Chapter 30. Rights of putative fathers to custody and visitation § 30.03 Rights of the putative father vs. the natural mother
· 2 Disputed Paternity Proceedings (2005). Chapter 27. The rights of putative fathers § 27.02 The constitutional foundation § 27.03 Adoption, termination of parental rights, paternity, custody and visitation. Right to notice. Right to counsel.
· 1 Adoption Law & Practice (2004). § 2.04[2]. Status of unwed fathers in adoption proceedings
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PAMPHLETS: |
· Establishing Paternity: Questions and Answers for Dads http://www.dss.state.ct.us/pubs/patdad.pdf
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LAW REVIEWS: |
· Aviam Soifer, Parental Autonomy, Family Rights and The Illegitimate: A Constitutional Commentary, 7 Connecticut Law Review 1 (1974).
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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Duty to Support Children
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the duty of parent to support child including child who are adopted or the issue of a subsequently annulled marriage.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “The independent nature of a child’s right to parental support was recognized by this court long before that right was codified in our statutes.” Guille v. Guille, 196 Conn. 260, 263, 492 A.2d 175 (1985).
· Child support order “does not operate to crystallize or limit the duty of the parent to support his minor child, but merely defines the extent of the duty during the life of the order.” Rosher v. Superior Court, 71 P.2d 918.
· Maintenance. “Under General Statutes . . . [§] 46b-84, the court is authorized to make orders regarding the maintenance of the minor children of the marriage. The word ‘maintenance’ means ‘the provisions, supplies, or funds needed to live on.’ Webster, Third New International Dictionary. It is synonymous with support . . . . Such orders may be in kind as well as in money.” Valente v. Valente, 180 Conn. 528, 532, 429 A.2d 964 (1980).
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STATUTES:
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· Conn. Gen. Stat. (2008) § 46b-37(b). Joint duty of spouses to support family
§ 46b-56. Superior court orders re custody and care*
§ 46b-84. Parents’ obligation for maintenance of minor child.
§ 46b-58. Custody, maintenance and education of adopted children
§ 46b-60. Orders re children and alimony in annulment cases § 46b-215. Relatives obligated to furnish support, when. * Amended by 2005 Conn. Acts 258 § 3 (effective October 1, 2005)
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CASES: |
· Foster v. Foster, 84 Conn. App. 311, 322, 853 A.2d 588 (2004). “It is a well established principle that child support is premised upon a parent's obligation to provide for the care and well being of the minor child. See Raymond v. Raymond, 165 Conn. 735, 739, 345 A.2d 48 (1974) ("[t]he needs of the child, within the limits of the financial abilities of the parent, form the basis for the amount of support required"). Although the trial court is given wide discretion to modify child support on the basis of a substantial change in circumstances, interference with visitation alone is insufficient to warrant a reduction in child support. See id. (concluding that "duty to support is wholly independent of the right of visitation"). Although we do not condone the plaintiff's actions in this case, the court may not punish the child, who is the beneficiary of child support, for the sins of her mother. See id. Accordingly, because the court incorrectly applied the law regarding a parent's obligation to provide child support, it was an abuse of discretion for the court to have eliminated the defendant's child support obligations on the basis of the plaintiff's chronic interference with visitation. Accordingly, the order eliminating the defendant's child support obligation is vacated.”
· W. v. W., 248 Conn. 487, 497-498, 728 A.2d 1076 (1999). “In the context of parental responsibilities, the duty to support the child is placed fairly on the nonparental party, not solely because of his voluntary assumption of a parental role, but, also because of the misleading course of conduct that induced the child, and the biological parent as the child's guardian, to rely detrimentally on the nonparental party's emotional and financial support of the child.”
· Unkelbach v. McNary, 244 Conn. 350, 357, 710 A.2d 717 (1998). “The [Child Support] guidelines are predicated upon the concept that children should receive the same proportion of parental income that they would have received had the family remained intact . . . . Toward that end, the guidelines are income driven, rather than expense driven.”
· State v. Miranda, 245 Conn. 209, 222, 715 A.2d 680 (1998). “It is undisputed that parents have a duty to provide food, shelter and medical aid for their children and to protect them from harm.”
· In Re Bruce R., 234 Conn. 194, 209, 662 A.2d 107 (1995). “Connecticut child support legislation clearly evinces a strong state policy of insuring that minor child receive the support to which they are entitled.”
· Timm v. Timm, 195 Conn. 202, 207, 487 A.2d 191 (1985). “It is further recognized that an order for the support of minor children is not based solely on the needs of the children but takes into account what the parents can afford to pay.”
· Sillman v. Sillman, 168 Conn. 144, 358 A.2d 150 (1975). Support and the age of majority.
SUPERIOR COURT (Unpublished) · Fox v. Fox, No. FA90-0098219, 2002 Ct. Sup. 6090, 6092 (May 3, 2002). “It stands to reason that if child support is the right of the child and the duty of the parent, and if incarceration of the parent does not extinguish the duty to support, then incarceration of the child does not extinguish the right to be supported. This Court finds that in the present case, incarceration of the minor child does not fall within the definition of self-supporting, nor does it eliminate the need or the right of the child to be supported. Therefore, this Court does not have the authority to suspend the order of child support in full prior to the child reaching the age of majority under current Connecticut statutory law and case law.”
· Decamillis v. Hasiotis, No. FA00-0630369, 2001 Ct. Sup. 12890, 12892, 2001 WL 11924 (Sep. 5, 2001). “It is implicit in the computation of current support orders that each parent's share must be computed, regardless of who requests the support order. Clearly, if either parent's support obligation is not met by providing direct support to a child in that parent's custody or by satisfactory and appropriate voluntary payments, it is not only the court's fight, but its duty, to set a support order.”
· State v. Gorman, No. FA 98-0331769 S, 2000 Ct. Sup. 2938-af, 2938-ah, 2001 WL 359720 (Feb. 2, 2000). “The court finds that there is no prior court order for the payment of child support. The court finds that this support petition brought pursuant to C.G.S. 46b-215 is an appropriate vehicle to establish a current support and an arrearage order. The court finds that to do same would not violate the prohibition against retroactive modifications of child support. The court finds that it is not bound by any agreement of the parties or by their actions or failure to act through the years.”
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DIGESTS: |
· Dowling’s Digest: Parent and Child § 5 Liability of Parent. Support.
· Connecticut Family Law Citations: CHILD SUPPORT, alteration, change, or amendment” —Parents
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WEST KEY NUMBERS: |
· Parent & Child # 3.1. Support and education of child. Rights, duties and liabilities in general (2) Father, duty to support (3) Mother, duty to support
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ENCYCLOPEDIAS: |
· 59 AM. JUR. 2D Parent and Child (2002). § 41. Services and earnings of children, generally § 42.Rights of respective parents § 43. Property and property rights, generally § 44. Compromise or release of child’s rights by parent § 45. Generally; basis of duty § 46. What law governs § 47. —Uniform Interstate Family Support Act § 48. Character and extent of parental obligation § 49. Obligations as limited to “necessaries” § 50. Amount; discretion of the court § 51. Termination of obligation by act of child § 52. Shifting burden of support to child § 53. Child-support agreements—between parents § 54. —For support by third person § 55. Obligations of respective parents § 56. —Father of respective parents § 57. —When one parent fraudulently misrepresents facts regarding sterility or birth control § 58. —Effect of parent’s death; mother as surviving parent 4. Effect on liability of separation from child § 59. Liability of parent separated from child § 60. —Where separation by act of other parent § 61. —Where separation by act of child § 62. —Where separation by judicial decree 5. Effect of Other Sources for support on Parent’s Liability § 63. Resort to child’s estate § 64. —Reimbursing parent for past expenditures § 65. Trust fund for support and maintenance of child 6. Liability of parents for necessities of child § 66. Generally § 67. Child living apart from parent § 68. Medical and dental services 7. Liability of Parents for Particular Types of Expenses § 69. Education § 70. —Amount and kind; higher school § 71. Medical and dental care § 72. Funeral expenses
· 24A AM. JUR. 2D Divorce and Separation (1998) §§ 1001-1107. Child Support
§ Annotation, Child’s Right Of Action For Loss Of Support, Training, Parental Attention, Or The Like, Against A Third Person Negligently Injuring Parent, 11 ALR4th 549 (1982). § Joel E. Smith, Annotation, Parent’s Obligation To Support Unmarried Minor Child Who Refuses To Live With Parent, 98 ALR3d 334 (1980).
§ J.A. Bryant, Annotation, Parent For Support Of Child Institutionalizes By Juvenile Court, 59 ALR3d 636 (1974).
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TEXTS & TREATISES:
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· 8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 38. Child Support § 38.1 Duty to support child § 38.2 Statutory duty to support § 38.3 Comparison of “child support” and “alimony” § 38.4 Child to whom duty of support applies
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LAW REVIEWS: |
· Arthur E. Balbirer, Rights And Obligations Of Custodial And Non-Custodial Parents In Connecticut, 53 Connecticut Bar Journal 356 (1979).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to child custody and unmarried parents, form preparation and procedure in custody actions where parents are unmarried or live separately, and the factors considered in awarding custody.
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SEE ALSO: |
Best Interest of the Child Standard in Connecticut
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CURRENCY: |
· 2008 Edition
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STATUTES:
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Conn. Gen. Stat. (2008) · Chapter 319o Department of Social Services § 17b-27. Voluntary acknowledgment of paternity program.
· Chapter 802h, Part II Guardians of the Person of the Minor, §§45a-603 et seq. § 45a‑606. Father and mother joint guardians. § 45a-607. Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights.
· Chapter 815j Dissolution of Marriage, Legal Separation and Annulment § 46b-56, as amended by P.A. 05-258 s. 3, Superior Court orders re custody, care and therapy of minor children in actions for dissolution of marriage, legal separation and annulment… § 46b‑61. Orders re Children where parents live separately. § 46b-64. Orders of court prior to return day of complaint. § 46b-66, Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol screening. § 46b-69b Parenting Education Program. Required.
· Chapter 815p Uniform Child Custody Jurisdiction & Enforcement Act § 46b-115a Definitions § 46b-115m Modification of custody determination of another state § 46b-115w Procedure for registering an out-of-state child custody order §§ 46b-115x—46b-115gg Procedure for enforcement of child custody determination · Chap. 815y, Paternity Matters, §§46b-160 et seq. § 46b-172 Review of agreements; incorporation into decree. Arbitration. [amended by 1999 Conn. Acts 193 §7] § 46b-172a. Filing of claim for paternity by putative father. Child as party. Attorney General as party. Hearing. Three-judge court. Rights and responsibilities upon adjudication or acknowledgment of paternity. Claim for paternity after death of putative father.
· Chapter 816 Support Part II Obligations of Relatives § 46b-215 Relatives obliged to furnish support, when. § 46b‑215(b) Attorney General as party to the case when person is receiving public assistance.
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COURT RULES
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Connecticut Practice Book (2008) · Chapter 25 Superior Court – Procedure in Family Matters § 25-3 Action for Custody of Minor Child § 25-5 Automatic Orders Upon Service of Complaint or application § 25-9. Answer, Cross Complaint, Claims for Relief by Defendant § 25-24. Motions § 25-26. Modification of Custody, alimony or support § 25-28. Order of Notice § 25-30. Statements to be Filed (Financial Affidavits) § 25-34. Procedure for Short Calendar § 25-38. Judgment Files § 25-57. Affidavit Concerning Children § 25-59. Closure of court room in family matters § 25-60. Family division evaluations and studies 25-61 Family Division § 25-62 Appointment of Guardian Ad Litem
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LEGISLATIVE HISTORY:
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· Public Acts 1974, No. 74-169, §12, 17 H.R. Proc., Pt. 6, 1974 Sess., p. 2805 [Conn. Gen. Stat. §46b-61] “...expands the jurisdiction of the superior court involving minor children and further states that the section can be used in controversies not only involving a husband and wife but in controversies involving parents of minor children or children if they are no longer married or were never married.”
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LEGISLATIVE REPORTS:
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· Lawrence K. Furbish, Child Custody in Marriage Dissolutions, Connecticut General Assembly, Office of Legislative Research Report No. 99-R-0791 (August 5, 1999).
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FORMS:
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· VS-56 Acknowledgment of Paternity · VS-57 Recision of Acknowledgment of Paternity · JD-CL-12 Appearance · JD-FM-75 Application for Waiver of Fees · JD-FM-161 Custody / Visitation Application · JD-FM-162 Order to Attend Hearing and Notice to the Defendant · JD-FM-158 Notice of Automatic Orders · JD-FM-163 Case Management Agreement · JD-FM-164 Affidavit Concerning Children · JD-FM-164A Addendum to Affidavit Concerning Children · JD-FM-165A Case Management Dates · JD-FM-167 Motion for Notice by Publication or Mail in Family Cases · JD-FM-168 Order of Notice by Publication or Mail in Family Cases · JD-FM-175 Certification of Notice in Family Cases (Public Assistance) · JD-FM-178 Affidavit Concerning Military Service · JD-FM-160 Answer · JD-FM-183 Custody/Visitation Agreement · JD-FM-6 Financial Affidavit · JD-FM-176 Motion for Orders Before Judgment (Pendente Lite) · JD-FM-173 Motion for Contempt · JD-FM-174 Motion for Modification
Unofficial Forms
· Temporary or Pendente Lite Orders Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 106‑116 (1991)
· Modification of Automatic Orders Barbara Kahn Stark et al., Friendly Divorce Guidebook For Connecticut 369 (1998). Motion for Relief From Automatic Orders Representing Yourself in a Custody Case: A How to Do it Yourself Booklet, Legal Assistance Resource Center of Connecticut, Sample 7 (2003).
· Exparte Orders Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 145-150 (1991)
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CASES: |
· Foster v. Foster, 84 Conn. App. 311, 320, 853 A.2d 588 (2004). “As the plaintiff has no constitutionally protected right to counsel in a custody or visitation proceeding, we decline to require the court, in every custody or visitation dispute confronted with a pro se litigant, to grant a continuance simply because the request is founded on a parent’s right to raise a child without undue interference. Although we recognize the value of family integrity, we acknowledge also that the state has an interest in the orderly presentation of cases and the ability of the court to manage its docket. We therefore conclude that, balancing all the interests, the court’s refusal to grant a continuance did not result in a constitutional deprivation.”
· Knock v. Knock, 224 Conn. 776,788, 621 A.2d 267 (1993). “Section 46b-56(b) does not require that the trial court award custody to whomever the child wishes; it requires only that the court take the child’s wishes into consideration.”
· Ridgeway v. Ridgeway, 180 Conn. 533, 541, 429 A.2d 801 (1980). “In this case, the evidence showed that the children were living in a familiar and stable environment with love and attention from their paternal grandparents; that the plaintiff at times had an adverse effect upon the children; and that the plaintiff’s psychological instability was such that it posed a threat to the children’s well-being.”
· Stevens v. Leone, 35 Conn. Supp. 237, 239, 406 A.2d 402 (1979). “It seems obvious ... that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage.”
· Rudolewicz v. Rudolewicz, Superior Court, judicial district of Hartford at New Britain, Docket No. 410812 (August 20, 1986), 1 C.S.C.R. 664, 666. 20 factors the court should consider when determining the “best interest of the child”
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WEST KEY NUMBERS:
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· Children Out-of-Wedlock #20.1– #20.13 #20.1 Rights of mother #20.2 Rights of father · Child Custody #20 – #88 Grounds and factors in general · Infants #19 #19.2 Matters considered in awarding custody #19.3 Determination of right to custody
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ENCYCLOPEDIAS: |
· George L. Blum, Annotation, Religion as Factor in Child Custody Cases, 124 A.L.R. 5th 203 (2004).
· Robin Cheryl Miller, Annotation, Child Custody and Visitation Rights Arising From Same-Sex Relationship, 80 A.L.R. 5th 1 (2000).
· Linda A. Francis, Annotation, Mental Health of Contesting Parent as Factor in Award of Child Custody, 53 A.L.R. 5th 375 (1997).
· Elizabeth Trainor, Annotation, Initial Award or Denial of Child Custody to Homosexual or Lesbian Parent, 62 A.L.R. 5th 591 (1998).
· Harriet Dinegar Milks, Annotation, Smoking as Factor in Child Custody and Visitation Cases, 36 A.L.R. 5th 377 (1996).
· Danny R. Veilleux, Annotation, Age of Parent as Factor in Awarding Custody, 34 A.L.R. 5th 57 (1995).
· Mary E. Taylor, Annotation, Parent’s Use of Drugs as a Factor in Award of Custody of Children, Visitation Rights, or Termination of Parental Rights, 20 A.L.R. 5th 534 (1994).
· Claudia G. Catalano, Annotation, Child Custody and Visitation Rights of Person Infected with AIDS, 86 A.L.R. 4th 211 (1991). · 11 Am. Jur. Trials 347 Child custody litigation (1966).
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TEXTS & TREATISES:
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· Legal Assistance Resource Center of Connecticut, Representing Yourself in a Custody Case: A How to Do it Yourself Booklet (2003).
· 8 Arnold H. Rutkin et al., Connecticut Practice: Family Law and Practice with Forms chs. 40-42 (2000). Ch. 40 Jurisdiction to Enter and Enforce Custody Orders Ch. 41 Pendente Lite Custody & Visitation Ch. 42 Child Custody and Visitation
· Barbara Kahn Stark, Friendly Divorce Guidebook for Connecticut Chapter. 8 (2003).
· Law Practice Handbooks, Family Law Practice in Connecticut ch. 10 (1996). [Jeffrey D. Ginzberg, Child Custody and Visitation.]
· Custody Disputes: What to Expect From the Family Relations Office. Published by the Legal Assistance Resource Center of Connecticut (2001).
· American Bar Association, Standards of Practice for Lawyers Representing Children in Custody Cases, reprinted in 37 Fam. L. Q. 131 (2003). (approved by the ABA House of Delegates, Aug. 2003) · American Law Institute, Principles of the Law of Family Dissolution: Analysis & Recommendations ch. 2 (2002). The Allocation of Custodial and Decisionmaking Responsibility for Children
· 2 Sandra Morgan Little, Child Custody & Visitation Law and Practice ch. 10 (2004). Custody Disputes Between Parents
· 5 Sandra Morgan Little, Child Custody & Visitation Law and Practice ch. 30 (2004). Rights of Putative Fathers to Custody & Visitation
· Mimi E. Lyster, Child Custody: Building Parenting Agreements that Work (3d ed., 1999).
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ARTICLES: |
· Linda D. Elrod, Raising the Bar for Lawyers Who Represent Children: ABA Standards of Practice for Custody Cases, 37 Fam. L. Q. 105 (2003). · Stephen J. Bahr et al., Trends in Child Custody Awards: Has the Removal of Maternal Preference Made a Difference? 28 Fam. L. Q. 247 (1994). · |
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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Table 2 Factors Court May Consider When Awarding Custody
Effective October 1, 2005
“In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so may consider, but shall not be limited to, one or more of the following factors:
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1. The temperament and developmental needs of the child;
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2. The capacity and the disposition of the parents to understand and meet the needs of the child;
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3. Any relevant and material information obtained from the child, including the informed preferences of the child;
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4. The wishes of the child’s parents as to custody;
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5. The past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child;
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6. The willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;
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7. Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;
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8. The ability of each parent to be actively involved in the life of the child;
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9. The child’s adjustment to his or her home, school and community environments;
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10. The length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendent lite in order to alleviate stress in the household;
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11. The stability of the child’s existing or proposed residences, or both;
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12. The mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;
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13. The child’s cultural background;
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14. The effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child;
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15. Whether the child or a sibling of the child has been abused or neglected, as defined repectively in section 46b-120;
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16. Whether the party satisfactorily complete participation in a parenting education program established pursuant to section 46b-69b.
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SCOPE: |
Bibliographic resources relating to actions seeking court ordered visitation when parents are unmarried or when married couples live separately but have not initiated divorce proceedings.
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SEE ALSO: |
Best Interest of the Child Standard in Connecticut Child Custody Actions in Connecticut
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CURRENCY: |
· 2008 Edition
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STATUTES:
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Conn. Gen. Stat. (2008) · § 45a-604. Definitions · § 45a‑606. Father and mother joint guardians · § 46b-54. Counsel for minor children. Duties. · § 46b-56. Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol screening. · § 46b-57. Third party intervention re custody of minor children. Preference of the child · § 46b-59. Court may grant right of visitation to any person. · § 46b-59a. Mediation of disputes re enforcement of visitation rights · § 46b‑61. Orders re Children where parents live separately · § 46b-64. Orders of court prior to return day of complaint · §§ 46b-115—46b-115gg Uniform Child Custody Jurisdiction & Enforcement Act
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COURT RULES
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Connecticut Practice Book (2008) · Chapter 25, Superior Court - Procedure in Family Matters § 25-4 Action for Visitation of Minor Child § 25-5 Automatic Orders Upon Service of Complaint § 25-9 Answer, Cross Complaint, Claims for Relief by Defendant § 25-23 Motions, Requests, Orders of Notice, and Short Calendar § 25-24. Motions § 25-26. Modification of Custody, Alimony or Support § 25-27. Motion for Contempt § 25-28. Order of Notice § 25-30. Statements to be Filed § 25-38. Judgment Files § 25-50.Case Management § 25-57. Affidavit Concerning Children § 25-59. Closed Hearings and Records § 25-60. Family Division Evaluations and studies25-61 § 25-61. Family Division Evaluations and Studies § 25-62. Appointment of Guardian Ad Litem
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LEGISLATIVE HISTORY:
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· Public Acts 1974, No. 74-169, § 12, 17 H.R. Proc., Pt. 6, 1974 Sess., p. 2805 [§ 46b-61] “...expands the jurisdiction of the superior court involving minor children and further states that the section can be used in controversies not only involving a husband and wife but in controversies involving parents of minor children or children if they are no longer married or were never married.”
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FORMS:
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· JD-CL-12 Appearance · JD-FM-75 Application for Waiver of Fees · JD-FM-160 Answer · JD-FM-161 Custody / Visitation Application · JD-FM-162 Order to Attend Hearing and Notice to the Defendant · JD-FM-158 Notice of Automatic Orders · JD-FM-164 Affidavit Concerning Children · JD-FM-164A Addendum to Affidavit Concerning Children · JD-FM-167 Motion for Notice by Publication or Mail in Family Cases · JD-FM-168 Order of Notice by Publication or Mail in Family Cases · JD-FM-160 Answer · JD-FM-176 Motion for Orders Before Judgment (Pendente Lite) · JD-FM-6 Financial Affidavit · JD-FM-173 Motion for Contempt · JD-FM-174 Motion for Modification · JD-FM-183 Custody/Visitation Agreement · JD-FM-185 Motion for Intervention in Family Matters
Unofficial Forms· Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 97 (1991). Pendente Lite Motions
· Barbara Kahn Stark et al., Friendly Divorce Guidebook For Connecticut 369(1998). Modification of Automatic Orders
· Family Law Practice in Connecticut, Law Practice Handbooks, Inc. 10-62 (1996). Sample Visitation Order
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CASES: |
· Foster v. Foster, 84 Conn. App. 311, 320, 853 A.2d 588 (2004). “As the plaintiff has no constitutionally protected right to counsel in a custody or visitation proceeding, we decline to require the court, in every custody or visitation dispute confronted with a pro se litigant, to grant a continuance simply because the request is founded on a parent’s right to raise a child without undue interference. Although we recognize the value of family integrity, we acknowledge also that the state has an interest in the orderly presentation of cases and the ability of the court to manage its docket. We therefore conclude that, balancing all the interests, the court’s refusal to grant a continuance did not result in a constitutional deprivation.”
· Roth v. Weston, 259 Conn. 202, 789 A.2d 231 (2002). Petition for visitation by maternal grandmother and maternal aunt pursuant to Conn. Gen. Stat. § 46b-59. “In the absence of a threshold requirement of a finding of real and substantial harm to the child as a result of the denial of visitation, forced intervention by a third party seeking visitation is an unwarranted intrusion into family autonomy. Accordingly, in the absence of any such requirement of harm, § 46b-59 does not justify interference with parental rights.” (229) “… the petition must contain specific, good faith allegations that the petitioner has a relationship with the child that is similar in nature to a parent-child relationship. The petition must also contain specific, good faith allegations that the denial of the visitation will cause real and significant harm to the child… Second, the petitioner must prove these allegations by clear and convincing evidence.” (235)
· Laspina-Williams v. Laspina-Williams, 46 Conn. Supp. 165, 171, 742 A.2d 840 (1999). Petition for visitation rights with the biological child of the defendant; the child was conceived through alternative insemination and had been jointly raised by the plaintiff and defendant who were same-sex partners. “ … the defendant allowed, even encouraged, the plaintiff to assume a significant role in the life of the child such that she is a party entitled to seek visitation with the child.” · Temple v. Meyer, 208 Conn. 404, 544 A.2d 629 (1988).
· Ridgeway v. Ridgeway, 180 Conn. 533, 541, 429 A.2d 801 (1980). “In this case, the evidence showed … that the plaintiff’s psychological instability was such that it posed a threat to the children’s well-being.” Visitation limited to one day per week
· Raymond v. Raymond, 165 Conn. 735, 742, 345 A.2d 48 (1974). “It has never been our law that support payments were conditioned on the ability to exercise rights of visitation or vice versa. The duty to support is wholly independent of the right of visitation.”
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WEST KEY NUMBERS:
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· Child Custody # 175-231 · Children out of Wedlock # 20.9 · Infants # 19.3(4)
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TEXTS & TREATISES:
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· 8 Arnold H. Rutkin et al., Connecticut Practice: Family Law and Practice with Forms §§ 41.1—41.46, 42.40—42.45 (2000).
· Family Law Practice in Connecticut, Law Practice Handbooks, Inc. §§ 10.37—10.39(1996).
· American Law Institute, Principles of the Law of Family Dissolution: Analysis & Recommendations ch. 2 (2002). The Allocation of Custodial and Decisionmaking Responsibility for Children
· 3 Sandra Morgan Little, Child Custody & Visitation Law and Practice §§ 16.01—16.14 (2004).
· Donald T. Kramer, Legal Rights of Children §§ 3.01—3.15 (2d ed. 1994).
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ENCYCLOPEDIAS: |
· 59 Am. Jur. 2d Parent & child § 36 (1987).
· Robin Cheryl Miller, Annotation, Restrictions on Parent’s Child Visitation Rights Based on Parent’s Sexual Conduct, 99 A.L.R. 5th 474 (2002).
· Robin Cheryl Miller, Annotation, Child Custody and Visitation Rights Arising From Same-Sex Relationship, 80 A.L.R. 5th 1 (2000).
· Harriet Dinegar Milks, Annotation, Smoking as Factor in Child Custody and Visitation Cases, 36 A.L.R. 5th 377 (1996).
· Mary E. Taylor, Annotation, Parent’s Use of Drugs as a Factor in Award of Custody of Children, Visitation Rights, or Termination of Parental Rights, 20 A.L.R. 5th 534 (1994).
· Claudia G. Catalano, Annotation, Child Custody and Visitation Rights of Person Infected with AIDS, 86 ALR4th 211 (1991).
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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SCOPE: |
· Bibliographic resources relating to parents as guardians of minors in Connecticut
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SEE ALSO: |
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CURRENCY: |
· 2008 Edition
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DEFINITION:
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· Mother: “means a woman who can show proof by means of a birth certificate or other sufficient evidence of having given birth to a child and an adoptive mother as shown by a decree of a court of competent jurisdiction or otherwise; ” Conn. Gen. Stat. § 45a-604 (2008).
· Father: “means a man who is a father under the law of this state including a man who, in accordance with section 46b-172, executes a binding acknowledgment of paternity and a man determined to be a father under chapter 815y;” Conn. Gen. Stat. § 45a-604(2) (2008)
· Parent: “means a mother as defined in subdivision (1) of this section or a "father" as defined in subdivision (2) of this section;” Conn. Gen. Stat. § 45a-604(3) (20085).
· Presumption re best interest of the child to be in custody of parent: “In any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.” Conn. Gen. Stat. §46b-56b (2005).
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STATUTES:
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· Conn. Gen. Stat. (2008)
Chapter 802h. Protected persons and their property
Part II. Guardians of the person of a minor
§ 45a-605. Provisions construed in best interest of minor child
§ 45a-606. Father and mother joint guardians
§ 45a-609. Application for removal of parent as guardian. Hearing. Notice. Examination
§ 45a-610. Removal of parent as guardian
§ 45a-611. Reinstatement of parent as guardian of the person of minor.
§ 45a-612. Visitation rights of parent removed as guardian.
§ 45a-623. Transfer of proceeding to Superior Court or another judge of probate
§ 45a-624a. Consent of parent required for designation of standby guardian.
Chapter 815j. Dissolution of marriage, legal separation and annulment
§ 46b-56b. Presumption re best interest of child to be in custody of parent
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LEGISLATIVE: |
· 2000 Conn. Acts 75 (Reg. Sess.), effective October 1, 2000. An act concerning protection of children in Probate Courts. Substitute House Bill No. 5716.
· 1979 Conn. Acts 460 § 4 (Reg. Sess.). An act concerning guardianship of children.
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FORMS:
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· Probate Court PC-500. Application/Removal of guardian PC-520. Order of notice, temporary custody or removal and appointment of guardian PC-530. Notice/Receipt of application for removal of guardian PC-560. Decree/Removal of guardian and appointment
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WEST KEY NUMBERS: |
· Guardian and Ward # 4. Guardians by nature # 25. Removal of guardian # 26. Death of guardian
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DIGESTS:
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· Dowling’s Digest: Guardian and Ward § 1. In general; Appointment · Connecticut Family Law Citations: Guardian
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COURT CASES
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· Doe v. Doe, 244 Conn. 403, 455, 710 A.2d 1297 (1998). “As these authorities make clear, the presumption does not mean that the nonparent must, in order to rebut it, prove that the parent is unfit. It means that the parent has an initial advantage, and that the nonparent must prove facts sufficient to put into issue the presumed fact that it is in the child's best interest to be in the parent's custody. Once those facts are established, however, the presumption disappears, and the sole touchstone of the child's best interests remains irrespective of the parental or third party status of the adults involved. In that instance, then, neither adult - the parent or the third party - enjoys any advantage or suffers any disadvantage as a result of his or her parental or third party status.”
· Bristol v. Brundage, 24 Conn. App. 402, 405, 589 A.2d 1 (1991). This statute [§ 46b-56b] was enacted to counteract the holding of McGaffin v. Roberts [below] . . . which held that 45-43 (now 45a-606) did not create a presumption that a surviving parent is entitled to preference in a custody dispute.”
· McGaffin v. Roberts, 193 Conn. 393, 407, 479 A.2d 176 (1984), cert. denied, 470 U.S. 1050, 105 S.Ct. 1747, 84 L.Ed. 2d 813 (U.S. 1985). “Thus the factor of parenthood is to be property considered in the aggregate of all those circumstances that a trial court is entitled to consider in exercising its broad discretion in deciding what is in the best interests of a minor child.”
· Posey v. Yandell, 26 Conn. Supp. 320, 323, 222 A.2d 747 (1966). “Upon the death of the mother, the plaintiff became the sole guardian of the child Carolyn. It follows that the plaintiff has a prior right to custody unless the circumstances are such that to give it to him would not be for the best interest of the child.”
· Antedomenico v. Antedomenico, 142 Conn. 558, 562, 115 A.2d 659 (1955). “If one parent is in default of his parental obligations, he or she may be deprived of the right to have the care and custody of a minor child, and that right may be conferred upon the other . . . . The state is primarily interested in having the status of husband and wife, with joint guardianship of children, maintained. When it is disrupted, the state must exercise its duties as parens patriae in the interests of the child.”
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ENCYCLOPEDIAS: |
· 39 Am Jur 2d Guardian and Ward (1999). § 5. Parents as joint guardians § 6. Rights of father § 7. Rights of mother § 8. Rights of other relatives § 9. Incidents of guardianship by nature § 10. Transfer of guardianship or custody of child
· 39 C.J.S. Guardian and Ward (2003). § 4. Classes or kinds of guardians. Natural guardians
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2008). Chapter 3. Guardianship II. Guardianships of minors § 3.2. Guardianship of minors. Parent and child—statutory guardians of the person, custody and control, termination of parental rights, statutory parent § 3:3. —Right to services and earnings, effects of emancipation § 3:4. —Duty to support § 3:10. Removal of parents or other guardians of minor’s person, temporary custody orders, visitation and reinstatement rights, appointment of guardian or co-guardian · 1 Donald T. Kramer, Legal Rights Of Children (Rev.2d ed. 2005). Chapter 2. Child custody § 2.15. Preference of the natural parent(s) over others; generally
· 8 Arnold H. Rutkin et al., Connecticut Practice Series, Family Law and Practice With Forms (2000). Chapter 42. Child Custody and Visitation § 42.1. Parental custody rights—generally § 42.2. Right of unmarried or non-cohabiting parents § 44.19. Death of custodial parent · Peter L. Costas, managing ed., Lawyers’ Deskbook: A Reference Manual, (2d ed. 2000). q Lynn B. Cochrane, Child Protection. "Basic Principles: Guardianship of the Person of the Minor in Probate Court," pp. XVII-26, 28-30.
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WEB SITES: |
http://www.jud.state.ct.us/probate/faq.html#GUARDIANSHIPS
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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· “The fundamental liberty interest of natural parents in the care, custody, and management of their children does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life. If anything, persons faced with forced dissolution of their parental rights have a more critical need for procedural protections than do those resisting state intervention in to ongoing family affairs.” Santorsky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).
· “When the State moves to destroy weakened familial bonds, it must provide the parents with fundamentally fair procedures.” Santorsky v. Kramer, 455 U.S. 745, 753-754, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).
· “[W]e recognize that ‘the right of parents qua parents to the custody of their children is an important principle that has constitutional dimensions,’ a principle echoed and illuminated in recent years by decisions of the United States Supreme Court and of this court.” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
· “Termination of parental rights is a judicial matter of exceptional gravity and sensitivity. Anonymous v. Norton, 168 Conn. 421, 430 362 A.2d 532 (1975). Termination of parental rights is the ultimate interference by the state in the parent-child relationship and, although such judicial action may be required under certain circumstances, the natural rights of the parents in their children ‘undeniably warrants deference and, absent a powerful countervailing interest, protection.’ Stanley v. Illinois, 405 U.S. 645, 651 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); In re Juvenile Appeal (Anonymous), 177 Conn. 648, 671 420 A.2d 875 (1979).” In Re Emmanuel M., 43 Conn. Sup. 108, 112, 648 A.2d 904 (1993)
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SCOPE: |
Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· Fourteenth Amendment to the U.S. Constitution: “. . . nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
· Due Process: “freedom of personal choice in matters of . . . family life is one the liberties protected by the Due Process Clause of the Fourteenth Amendment.” Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-640, 94 S. Ct. 791, 39 L. Ed. 2d 52 (1974).
· Equal protection of the laws: “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606 (1987).
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STATUTES: |
· Conn. Gen. Stat. (2008). Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner. Cooperative postadoption agreements. Placement of child from another state. Interstate Compact on the Placement of Children.
Chapter 803. Termination of parental rights and adoption § 45a-708. Guardian ad litem for minor or incompetent parent
§ 45a-715. Petition to terminate parental rights. Cooperative postadoption agreements.
§ 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party. (b) The court shall cause notice of the hearing to be given to the following persons, as applicable . . . (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
§ 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination (a) At the hearing held on any petition for the termination of parental rights filed in the Court of Probate under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Court of Probate under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order.
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CASES: |
· Roth v. Weston, 259 Conn. 202, 231, 789 A.2d 431 (2002). “We recognize that due process requires the clear and convincing test be applied to the termination of parental rights because it is the complete severance by court order of the legal relationship, with all its rights and responsibilities . . . .”
· Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972). “The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection.”
· Quilloin v. Walcott, 434 U.S. 646, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978). “But this is not a case in which the unwed father at any time had, or sought, actual or legal custody of his child. Nor is this a case in which the proposed adoption would place the child with a new set of parents with whom the child had never before lived. Rather, the result of the adoption in this case is to give full recognition to a family unit already in existence, a result desired by all except appellant.”
· Prince v. Massachusetts, 321 U.S. 158, 166, 64 S. Ct. 438, 88 L. Ed. 645 (1944). “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.”
· In re Luke, 40 Conn. Supp. 316, 326-327, 498 A.2d 1054 (1985). “It is the responsibility of all of the adults involved to give the children’s interest top priority over their own emotional objectives, so that they may understand and benefit from the fact that they have two ‘Daddies’ who love them, that having two ‘Daddies’ is not ‘too complicated’ but is rather an enriching factor in their lives.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel
· 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof
· Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983).
· Joel E. Smith, Annotation, Right of Indigent Parent to Appointed Counsel In Proceeding For Involuntary Termination of Parental Rights, 80 ALR3d 1141 (1977)
· Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
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TEXTS & TREATISES: |
· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2007). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent termination · 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2007). Chapter 2. Consent to adoption § 2.10. Exceptions to the requirement of parental consent § 2.10[2]. State courts and statutory examples
· 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2008). Chapter 28. Termination of parental rights § 28.02. Elements of the proceeding § 28.02[2]. Constitutional limitations § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges [4]. Counsel for the parents [5]. Disclosure
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.18. Unmarried fathers
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 294-297
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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Table 3 Rights of the remaining
parent in TPR
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Rights of the Remaining Parent in TPR
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Conn. Gen. Stats. § 17a-112(i) (2008) (partial)
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“Consent for the termination of the parental rights of one parent does not diminish the parental rights of the other parent of the child, nor does it relieve the other parent of the duty to support the child.”
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Conn. Gen. Stats. § 17a-112(n) (2008) (partial)
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“(n) If the parental
rights of only one parent are terminated, the remaining parent shall be the
sole parent and, unless otherwise provided by law, guardian of the person.” |
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Conn. Gen. Stats. § 45a-717(i) (2008)
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“If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.”
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SCOPE: |
Bibliographic sources relating to the right to counsel in termination of parental rights in Connecticut.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “If a party appears without counsel, the court shall inform such party of the party's right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such party. No party may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights.” Conn. Gen. Stat. (2008) § 45a-717(b).
· “The respondent’s due process rights are therefore properly determined by the balancing test of Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), employed by the United States Supreme Court in considering a parent’s right in termination proceedings to representation by counsel . . . ” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
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STATUTES: |
· Conn. Gen. Stat. (2008) Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner. Chapter 803. Termination of parental rights and adoption § 45a-715. Petition to terminate parental rights. Cooperative postadoption agreements. § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party. (b). . . . If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent.
§ 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
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CASES: |
· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel
· 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof
· Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983).
· Joel E. Smith, Annotation, Right of Indigent Parent to Appointed Counsel In Proceeding For Involuntary Termination of Parental Rights, 80 ALR3d 1141 (1977).
· Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997)
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TEXTS & TREATISES: |
· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2007). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent termination
· 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2008). Chapter 28. Termination of parental rights § 28.03. Procedural protections [4]. Counsel for the parents
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.06. Right to counsel
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 290-291
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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SCOPE: |
Bibliographic sources relating to the standard of proof in termination of parental rights in Connecticut.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “The constitutional guarantee of due process of law requires that the statutory grounds for termination of parental rights be established by ‘clear and convincing evidence,’ not merely a fair preponderance of the evidence.” In Re Emmanuel, 43 Conn. Supp. 108, 113, 648 A.2d 904 (1994).
· “The respondent’s due process rights are therefore properly determined by the balancing test of Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), employed by the United States Supreme Court in considering a parent’s right in termination proceedings to representation by counsel . . . and to the use of a clear and convincing standard of proof . . . . ” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
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STATUTES: |
· Conn. Gen. Stat. (2008) § 17a-112. Termination of parental rights of child committed to commissioner. Cooperative postadoption agreements. Placement of child from another state. Interstate Compact on the Placement of Children.
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CASES: |
· In The Interests of Jaisean M., 2002 Ct. Sup. 5787, 5789, 2002 WL 1156030 (May 3, 2002) “Roth and Troxel have nothing to do with a termination of parental rights case. In fact, the burden of proof in a termination of parental rights case has long been 'clear and convincing evidence,' and the requirement that a grandparent seeking visitation overcome a similar burden actually parallels and reaffirms, rather than undermines, the statutory scheme applicable to termination cases.”
· In re Eden, 250 Conn. 674, 694, 741 A.2d 873 (1999). “The constitutional requirement of proof by clear and convincing evidence applies only to those findings upon which the ultimate decision to terminate parental rights is predicated.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel
· 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof
· Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · · Joel E. Smith, Annotation, Right of Indigent Parent to Appointed Counsel In Proceeding For Involuntary Termination of Parental Rights, 80 ALR3d 1141 (1977).
· Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
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TEXTS & TREATISES: |
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.03. Standard of proof
· 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2004). § 2.10. Exceptions to the requirement of parental consent [2]. State courts and statutory examples
· Sandra Morgan Little, Child Custody & Visitation Law and Practice (2008). Chapter 28. Termination of parental rights § 28.04[2]. Burden of proof
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 293-294
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560.
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SCOPE: |
Bibliographic sources relating to the constitutional guarantee of equal protection of the laws in termination of parental rights in Connecticut
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987).
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CASES: |
· In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987). “The trial court’s court decision to terminate the respondent’s parental rights was made pursuant to the statutory requirements of General Statutes § 17-43a (b) [now § 17a-112], makes no distinction between mentally ill and other persons. As such, the statutory criteria applies with equal force to all parents without regard to their mental condition.”
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WEST KEY NUMBERS: |
· Constitutional Law #225.1. Equal protection of the laws. Regulations affecting civil rights or personal rights and relations in general.
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DIGESTS: |
· ALR Digest: Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights
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ENCYCLOPEDIAS: |
· Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). §§ 5-9. Objections on grounds of discrimination; Equal protection
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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SCOPE: |
Bibliographic sources relating to the constitutional guarantee of notice and the opportunity to be heard including determination of parental competency.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· Mentally incompetent person: “one who is unable to understand the nature of the termination proceeding and unable to assist in the presentation of his or her case.” In re Alexander V., 223 Conn. 557, 563, 613 A.2d 780 (1992).
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STATUTES: |
· Conn. Gen. Stat. (2008) § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party.
(a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition, except, in the case of a petition for termination of parental rights based on consent that is filed on or after October 1, 2004, the time for hearing shall be not more than twenty days after the filing of such petition.
(b) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court shall deem appropriate; and (4) the Commissioner of Children and Families. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. (c) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(d) In any proceeding pending in the Court of Probate, in lieu of personal service on, or at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail at least ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.
§ 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination (a) At the hearing held on any petition for the termination of parental rights . . . . any party to whom notice was given shall have the right to appear and be heard with respect to the petition.
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CASES: |
· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
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WEST KEY NUMBERS: |
· Constitutional Law # 274. Deprivation of personal rights in general. Privacy (5). Privacy; marriage, family and sexual matters · Mental Health # 472. Capacity to sue and be sued
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DIGESTS: |
· Connecticut Family Law Citations: Termination of Parental Rights
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TEXTS & TREATISES: |
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.04. Standing § 13.05. Service of process
· 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2008). § 2.10[2]. State courts and statutory examples
· 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2008). Chapter 28. Termination of parental rights § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges § 28.04[5]. Right to be physically present
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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SCOPE: |
Bibliographic resources relating to adoption by relative in Connecticut including father who live separately and the child’s grandparents
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CURRENCY: |
· 2008 Edition
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DEFINITION:
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· Relative: “shall include, but not be limited to, a person who has been adjudged by a court of competent jurisdiction to be the father of a child born out of wedlock, or who has acknowledged his paternity under the provisions of section 46b-172a, with further relationship to the child determined through the father.” Conn. Gen. Stat. § 45a-707(6) (2008).
· Relative: “shall include, but not be limited to, a person who has been adjudged by a court of competent jurisdiction to be the father of a child born out of wedlock, or who has acknowledged his paternity under the provisions of section 46b-172a, with further relationship to the child determined through the father.” Conn. Gen. Stat. § 45a-724(a)(4) (2008).
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STATUTES:
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· Conn. Gen. Stat. (2008)
§ 45a-724 (a)(3) and (b). Who may give child in adoption
§ 45a-725. When child free for adoption
§ 45a-727. Application and agreement of adoption. Investigation, report, assessment of fees. Hearings and decrees.
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LEGISLATIVE: |
· Lawrence K. Furbish, Background on Adoption, Connecticut General Assembly, Office of Legislative Research Report 94-R-703 (December 5, 1994).
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FORMS:
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· Probate Court Forms PC-603. Application/Adoption PC-610. Affidavit/ Temporary Custody, Removal, Termination or Adoption PC-681. Agreement of Adoption
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CASES: |
· Mullins v. Oregon, 57 F.3d 789 (9th Circuit 1995). Constitutional rights of grandparents.
· Lehr v. Robertson, 463 U.S. 248, 77 Led 2d 614 (1983). Unwed father
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DIGESTS:
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· West Key Number: Adoption · Dowling’s Digest Adoption · Connecticut Family Law Citations Adoption
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ENCYCLOPEDIAS: |
· 2 Am. Jur. 2d Adoption (1994). § 17. Persons who may adopt. Other blood relatives § 22. Persons who may be adopted. Blood relatives; natural children
· 2 C.J.S. Adoption of Persons (1972). §§ 13-17. Persons who may adopt §§ 18-24. Persons who may be adopted
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2004). Chapter 5. Adoption and parental rights § 5.4. Who may give minors in adoption
· Dianne E. Yamin, Hon., Adoption: Law and Practice, in Connecticut Lawyers’ Deskbook: A Reference Manual, XVIII-1 to XVIII-16 (Peter L. Costas, managing ed., 1998). “Relative adoption,” p. XVIII-8
· 6 Arnold H. Rutkin, gen. ed., Family Law and Practice (2008). Chapter 64. Adoption law, procedure and practice § 64.07. Who may adopt § 64.08. Who may be adopted
· 1 Thomas A. Jacobs, Children and the Law: Rights & Obligations (1995). Chapter 4. Adoption § 4:08. Who may adopt
Chapter 14. Adoption § 14.06. Unmarried fathers § 14.07. Unnamed fathers § 14.09. Rights of grandparents
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LAW REVIEWS: |
· Richard Hoffman, Note, Grudging And Crabbed Approach To Due Process For The Unwed Father, 16 Connecticut Law Review 571 (1984).
· Deborah L. Forman, Unwed Fathers and Adoption: A Theoretical Analysis in Context, 72 Texas Law Review 967 (1994). [Available at the Law Library at Norwich]
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL
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