Posts tagged with "Court"

Connecticut Appellate Court finds that Misappropriated Funds should not be part of Probate Estate

Connecticut Appellate Court finds that Misappropriated Funds should not be part of Probate Estate
Przekopski v. Przekop, 124 Conn. App. 238, 4 A. 3d 844 (2010)

The defendants, a sister, individually and as the executrix of her father’s estate, appealed from the judgment of the Superior Court, which upon a de novo appeal of a Probate Court order, denied a motion for rectification or for a corrected judgment, and ordered that the bank accounts misappropriated by the plaintiff brother be returned to the father’s estate for distribution.

The Appellate Court concluded that the Probate Court ordered the proper remedy and that it was improper for the Superior Court to order the transfer of the misappropriated funds from the plaintiff to the estate, instead of directly to the defendant, individually. The decedent used the survivorship accounts as a method of estate planning and he intended for the accounts to pass immediately to the defendant, individually, upon his death and not to be the subject of probate.

The Appellate Court recognized the decedent’s intent and wanted to ensure that the plaintiff did not profit from his abuse of the power of attorney that he utilized to substitute his name for the defendant’s individual name on certain bank accounts containing the funds.  The plaintiff did not engage in fair dealing in transferring certain bank accounts to himself under the power of attorney and abused his position of trust. The power of attorney did not authorize the plaintiff to change the name of the survivor on the accounts.

Because the plaintiff was a beneficiary under his father’s will and stood to inherit some of the funds if they were distributed pursuant to the will, it was error for the Superior Court to order the return of the funds to the estate.  The Appellate Court reversed the judgment only as to the order that the plaintiff transfer to the decedent’s estate all of the misappropriated funds.  The case was remanded with direction to order those funds, with the exception of the sum of $ 11,000, returned to the defendant, individually.

Should you have any questions relating to wills, trusts, estates or probate issues generally, please feel free to contact Joseph Maya at Maya Murphy, P.C. today at (203) 221-3100 or by email at JMaya@Mayalaw.com, to schedule a free initial consultation.

Placement in Appropriate Programs

Special education students are entitled to a free appropriate public education (otherwise known as “FAPE”), that must be tailored to the individual student. However, schools are not required to provide optimum programming – just “appropriate” programming. One federal judge has likened the difference between optimum and appropriate programming to that between a “Cadillac” and a “serviceable Chevrolet.” See Doe v. Bd. of Ed. of Tullahoma City Schools, 9 F.3d 455, 459-60 (6th Cir. 1993). However, if a particular service is required for the student’s special education needs, as evaluated, then the service must be provided without regard to how much it costs.

Sometimes, public schools simply do not offer the services that your child’s special education needs require. At this point, it may be possible to place your child in an appropriate private school and seek reimbursement from your school district for the associated costs. In order to do this, you must request a due process hearing and prove to an impartial hearing officer that not only does the private school meet your child’s educational needs, but that the school district failed to provide your child with a FAPE in a timely manner. Furthermore, you must comply with relevant statutory and regulatory requirements or your reimbursement award may be denied or reduced. Significantly, one misstep in this process can mean losing your right to reimbursement – there are time limitations and notice requirements to comply with, and it is important to know all the details before a parent unilaterally places a child privately. Our experienced attorneys will make themselves available to guide and assist you in making a quick and efficient determination of the most effective plan of action for your family, while protecting your rights under applicable regulations.

Fairfield High School Racial Bias Charged

Alleging racial discrimination, three minority students at Fairfield High School — arrested in February after a fight broke out in the school parking lot — plan to sue the town, claiming they were singled out base upon their “ethnicity and national origin.” Continue Reading

Special Education Law: Evaluation and Identification

Children identified as having disabilities have different rights from other students. Accordingly, the identification process is a very important step. It begins with a referral sent to the student’s school district – specifically, a written request for an evaluation of whether the child is eligible for, and needs, special education services. This request can be made by the child’s parent, school personnel, or another appropriate person (such as a physician or a social worker).

Once the school district receives a referral, it must convene a planning and placement team (“PPT”) to review the referral, determine whether further evaluation is necessary and, ultimately, decide whether the child requires special education services. If the PPT requests further evaluation of your child, such evaluation will be conducted at the school district’s expense. Once the PPT has made its determination, you have the right to request an independent educational evaluation (“IEE”) of your child if you disagree with the PPT’s decision. If, after the IEE, you still disagree with the PPT, you may request a hearing in accordance with State Department of Education regulations. Our attorneys will work with your family to determine the best course of action and to protect your child’s educational rights, while ensuring compliance with applicable federal, state and local regulations.

Connecticut School Districts and Bullying: What Can Parents Do?

I was greeted this morning with a very unfortunate email.  The email concerned bullying in Westport Schools and included a heart wrenching video of an 8th grade girl claiming to be a victim of bullying in Westport schools. (http://patch.com/A-gcKG) It is just not enough to feel sorry for this victim of bullying, we need to question the effectiveness of the current law and policies in place to avoid the tragic consequences that other towns have dealt with because their students were victims of bullying.

I previously blogged about the revisions to Connecticut’s law against bullying in 2008.  Under Connecticut General Statute section 10-222d, the law requires “any overt acts by a student or group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, at a school sponsored activity or on a school bus, which acts are committed more than once against any student during the school year.” In addition to definitional changes, the statute requires:

  1.  teachers and other staff members who witness acts of bullying to make written notification to school administrators;
  2. prohibits disciplinary actions based solely on the basis of an anonymous report of bullying;
  3. requires prevention strategies as well as interventions strategies;
  4. requires that parents of a student who commits verified acts of bullying or against whom such bullying occurred be notified by each school and be invited to attend at least one meeting;
  5. requires school to annually report the number of verified acts of bullying to the State Department of Education (DOE);
  6. no later than February 1, 2009, boards must submit the bullying policies to the DOE;
  7. no later than July 1, 2009, boards must include their bullying policy in their school district’s publications of rules, procedures and standards of conduct for school and in all of its student handbooks, and
  8.  effective July 1, 2009, boards must now provide in-service training for its teacher and administrators on prevention of bullying.

Westport responded to the requirements of this statute with a comprehensive bullying policy which can be found on the school district’s website under the tab for parents, and then selecting policies.  Here is the direct link to the policy: (http://www2.westport.k12.ct.us/media/policies/prohibition_against_bullying_5131.911_revised_8.25.2008.pdf)

Armed with Connecticut’s law and Westport’s policy, what should we do as parents, community members, and professionals?  I do not profess to have the answers but at a minimum, we should discuss this with our children, question the school administrators, guidance staff and teachers. Together we should challenge ourselves to make a difference using the channels available to us.  There are ways that we can help to effectuate change before it is too late.  If you know of a child affected by bullying, please act on their behalf.  Not every student will post a video to tell you this is happening. If the school is not addressing the bullying in a meaningful way to eradicate the conduct, legal redress is available and the courts will readily intervene.

If you have any questions please feel free to contact me by telephone in the Firm’s Westport office at (203) 221-3100 or by e-mail at SMaya@Mayalaw.com. Attorney Maya is a partner at Maya Murphy, P.C. Her practice is limited to Education Law and Trusts and Estates.

Domestic Violence and Divorce in Connecticut: How Relevant is Domestic Violence in Divorce Proceedings?

In 2009, eighteen murders were committed as a result of domestic violence in Connecticut, and 21,018 total reported incidents of domestic violence.[1] Domestic violence is a crime, and often results in divorce proceedings. In reality, up to seventy-five percent of instances of domestic violence in a marriage occurs after the couple has separated.[2] Given the increased risk of violence after separation, it is extremely important for a victim of domestic violence to be aware and known her rights.

In Connecticut, domestic violence falls within a category known as “family violence” which is defined as “an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members.” Conn. Gen. Stat. § 46b-38a(1). Under this law, “verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.” Id. According to the statute, in order for an incident to fall under the family violence statute, it must be between (a) spouses, former spouses; (b) parents and their children; (c) persons eighteen years of age or older related by blood or marriage; (d) persons sixteen years of age or older other than those persons in subparagraph (c) presently residing together or who have resided together; (e) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (f) persons in, or have recently been in, a dating relationship. Conn. Gen. Stat. § 46b-38a(2).

Family violence is a pattern of abusive behavior based upon one partner’s attempt to control and dominate the other. This includes physical abuse, emotional abuse, economic abuse, sexual abuse, and stalking and harassment. Rarely are the different types of abuse mutually exclusive. By themselves, each one of these elements can make the decision to leave an abusive relationship difficult. Unfortunately, given the complex nature of domestic violence, Connecticut law provides for criminal relief where physical abuse is present or there is present danger and likelihood that physical violence will ensue.[3] Connecticut does not provide any criminal penalties for emotional or financial abuse.

Protective Orders & Restraining Orders

A victim of family violence has remedies under Connecticut law. Under Connecticut law, a victim of family violence has two different mechanisms to help protect their safety: Protective Orders and Restraining Orders.

A Protective Order is made by a criminal court judge against a person who was arrested for stalking, harassment, or family violence crime.[4] A Protective Order will direct the abuser to refrain from hitting, harassing, contacting the victim or her (his) children, or anything else a judge deems appropriate, and lasts only as long as the criminal court case.

A Restraining Order is made by a civil court judge after a victim files for an Application for Relief from Abuse. Generally, a Protective Order does not address issues of child custody or the removal of the abuser from the marital residence, but a Restraining Order can resolve those issues temporarily. Therefore, it may be necessary to file for a Restraining Order even after a Protective Order has already been granted. Moreover, the application can be granted ex parte, if the judge finds that there is enough evidence to suggest that the applicant is in immediate danger.[5] If the judge declines to grant the Restraining Order ex parte, the judge will set a hearing date within 14 days. At that time, both the applicant and the party whom the Restraining Order is sought, must appear before the judge. A Restraining Order survives for six months, and can be extended on judicial order.

Filing for Divorce

The decision to leave an abusive relationship is difficult, but always right. Abuse in a relationship is never acceptable. While obtaining a Protective and/or Restraining Order is an important step for a victim in protecting herself and/or her children, both types of orders are not permanent. Seeking a divorce or legal separation is the next step.

An action for dissolution of marriage is commenced by filing a summons and complaint with the Superior Court in the judicial district where one of the spouses resides. Conn. Gen. Stat. § 46b-45. Once commenced, the Court will dictate a series of Automatic Orders.[6] The Automatic Orders are designed to prevent either party from making any significant changes relating to their children or finances. These orders prohibit relocating the children out of state or locking one party out of the marital residence. If there is a prior Protective and/or Restraining Order in effect, the Automatic Orders will be issued in accordance with those prior order(s). For example, if there is a Restraining Order in place, directing the husband to leave the marital residence will not be affected by the Automatic Orders.

During a divorce proceeding, the spouses will attempt to work out an amicable separation. The spouses will negotiate the marital residence, child custody, child support, spousal support and other issues. Given the complexity of these proceedings, coupled with the intricate nature of family violence, it is important to have an attorney who understands these multifaceted issues.

Custody

Family violence affects every member of the family, directly and indirectly. It creates a home environment where children live in constant fear. As a result, many survivors of family violence fear they will lose their children to the abusive partner. In some cases, this prevents the victim from leaving her abuser.

The most important thing for a victim of family violence to remember is that the Court will decide custody. In doing so, the Court must consider the best interests of the child.[7] In determining the best interests of the child, the Court will look at a litany of items, including the stability of the child’s existing or proposed residences, the mental and physical health of all individuals involved, and the effect on the child of the actions of an abuser. Conn. Gen. Stat. § 46b-56(c). If the Court views the victim as the primary parent, and the victim has not been abusive to the child(ren), then the victim is not likely to lose physical and legal custody.

It is important to understand that custody is not the same as visitation. For example, even if a father has abused a mother, as long as he has not harmed the children, he will likely be granted visitation. However, the mother, as a victim of family violence, has the right to request certain conditions for the visitation in order to provide for her own protection. That might include a provision that visitation only occur at certain times, on certain days, at certain locations, or with another person present.

Family violence and divorce cases are riddled with complex issues. It is important to find an attorney who understands domestic violence and has experience with domestic violence divorce cases. One should be confident that their legal advisors are well-versed in the law and familiar with recent case developments.

At Maya Murphy, P.C., we have decades of experience dealing with divorce, restraining order petitions, and criminal litigation – often in situations where the three matters run concurrently. We handle all types of issues related to divorce and child-custody, including post-judgment matters, in a broad geographic area, which includes Westport, Fairfield, Greenwich, and the entire Fairfield County area. For a free initial consultation call (203) 221-3100.


[1] 2009 Family Violence Detailed Report, Connecticut Department of Public Safety, September 2010.

[2] Hart, Barbara. Children of Domestic Violence: Risks and Remedies. Child Protective Services Quarterly; Pittsburgh Bar Association, Winter 1992.

[3] While not provided for under the definition of family violence crime, Connecticut law does criminalize sexual abuse and stalking and harassment.

[4] Family Violence Crime is defined as “crime as defined in section 53a-24 which, in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.” Conn. Gen. Stat. § 46b-38a(2).

[5] Ex parte means that only the party seeking the Restraining Order is before the Judge. Ex parte Restraining Order only last until the hearing, which must be scheduled within 14 days.

[6] This is also true in legal separation, custody, and visitation proceedings in Connecticut.

[7] Schult v. Schult, 241 Conn. 767, 777, 699 A.2d 134 (1997).
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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The Best Divorce Lawyers CT: Divorce Attorneys Fairfield County, Connecticut

Maya Murphy’s Matrimonial Law Group consists of a dedicated team of lawyers committed to representing its clients through the most complex divorce proceedings. As a significant portion of our Matrimonial Law Group’s client base consists of high net worth individuals, we have experience dealing with the valuation and division of a variety of assets including businesses, residential and commercial real estate, high-end personal property, trusts, various retirement vehicles, as well as stocks, bonds and other securities. Our matrimonial lawyers also counsel the Firm’s clients through the formation and execution of pre-marital agreements, and often collaborate with our Trusts & Estates Group regarding issues involving trusts, testamentary instruments and estate planning. With attorneys licensed to practice in Connecticut and New York, we routinely handle cases originating in Fairfield County, Westchester County and New York City.

Our Matrimonial Law Group represents clients in dissolution and separation proceedings, custody and child support cases, as well as post-judgment custody and support modifications. Our matrimonial lawyers handle each and every case professionally and diligently. Though we aggressively litigate our more acrimonious cases when required, we always take into account the individual and unique needs, position and desires of each client, and recognize the importance of negotiating settlements when appropriate. Our matrimonial lawyers are well versed in the mediation process as well, and are often retained in a neutral capacity, providing our clients with an alternative to the traditional adversarial divorce model.

Maya Murphy’s Matrimonial Law Group is dedicated to providing its clients with high quality representation, including a thorough knowledge of the law, unsurpassed attention to detail, unwavering client support and constant preparedness. We understand that our clients are often in the worst situations they will ever personally encounter, and seek, at every turn, to alleviate their fears while protecting and advancing their interests in a court of law.

Our firm provides representation in all trial and appellate courts for matters relating to dissolution of marriage including: legal separation, property division, alimony, child custody, child support, and visitation rights. Our firm is experienced in dealing with the legal, financial, emotional and psychological issues arising in family and matrimonial relationships. Our attorneys have extensive experience representing individuals in matters involving all types of divorce and family law issues.

Maya Murphy’s offices are located in Westport, Connecticut and serves clients in locations including Stamford, Hartford, New Haven, Danbury, Waterbury, Bridgeport, Greenwich, Norwalk, Milford, Stratford, Fairfield County, Hartford County, New Haven County, Litchfield County, Middlesex County, Tolland County, Windham County, and New London County.

To discuss a case please contact Joseph C. Maya or H. Daniel Murphy at (203) 221-3100 in Connecticut or (212) 682-5700 in New York. Mr. Maya can be reached via e-mail at JMaya@Mayalaw.com and Mr. Murphy can be reached via e-mail at HDMurphy@Mayalaw.com.

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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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College Expenses and Divorce

Going through a divorce is often a very emotional and overwhelming experience, often complicated by motions, discovery, court appearances and negotiations. By the end of the mandatory “cooling off” or pendente lite phase (Latin for “while the action is pending”), one may find himself or herself confused and eager to resolve the case. When considering the terms of a potential divorce settlement involving minor children, it is very important to keep future college expenses in mind. If overlooked, it may be very difficult or impossible to obtain contribution from a former spouse for books, tuition and/or living expenses should your child choose to attend college. There are various ways this issue can be addressed, and for a complete understanding, some fundamental information is useful.

Generally speaking, a divorce is typically resolved in one of two ways. The first is utilized when, despite efforts to come to a fair resolution, the parties are unable to agree on custody, visitation, child support, alimony, and/or the division of assets. When one or more of those aspects of the divorce remain in dispute, a trial will be necessary to obtain a final judgment. After hearing evidence and considering each party’s case, the Court will decide the terms of the divorce and enter orders accordingly. However, where parties are able to reach an agreement, the Court may rely on the terms of that agreement and enter orders in accordance therewith. Regardless of which avenue is taken, final court orders must ultimately be entered to formalize the dissolution of the marriage and define the terms of the divorce.

Though a divorce becomes “final” upon judgment, often orders require modification due to changes in circumstances which occur after the marriage is officially dissolved. Examples include modifying child support and/or alimony due to a change in one or both parties’ financial circumstances, or modifying custody or visitation due to changes in the characteristics of the parties’ home, work schedules or living conditions. Other times, it is necessary to add orders that simply were not ripe for adjudication at the time the divorce was obtained. Orders entered after a divorce becomes final are referred to as “post judgment” orders.

In Connecticut, educational support orders are governed by Connecticut General Statutes Section 46b-56c. This statute authorizes the Courts to enter orders defining how the parties will handle their children’s “necessary educational expenses.” By statute, necessary educational expenses include room, board, dues, tuition, fees, registration and application costs up to the amount charged by the University of Connecticut for a full-time, in-state student at the time the child registers. That being said, parents can agree to increase the limit beyond the amount charged by the University of Connecticut if they choose. The educational support order may include the cost of books and medical insurance for the child as well. An educational support order is limited to four full academic years at an institution of higher education or a private occupational school for the purpose of obtaining a bachelors or other type of undergraduate degree, or vocational instruction.

Educational support may be handled at the time of the divorce or post judgment. When handled at the time of the divorce, the parties simply include in their separation agreement a provision outlining in detail how they will divide necessary educational expenses. As children are often young during the divorce and the parties’ circumstances at the time the child will be ready to attend college are unforeseeable, this issue is not always ripe for consideration at the time of the dissolution. In such cases, the parties may wish to defer the issue until the child is older. It is very important to note that if the parties choose to do so, they must include in their separation agreement a provision expressly requesting that the Court retain jurisdiction over this issue. If the parties fail to do so, the Court will not allow either party to request its involvement in the future.

Assuming the parties request that the Court retain jurisdiction over educational support, either may come back to Court at the appropriate time to request a post judgment educational support order. Once the post judgment action is commenced- as with the divorce itself- the parties may resolve the issue by agreement or request a hearing. Important to note is that whether the order is entered at the time of the divorce or post judgment, the Court must find that it is more likely than not the parents would have provided support to the child for higher education or private occupational school if the family remained intact. The parties may stipulate to this fact in an agreement. If a post judgment hearing is required, the Court will make that determination and by considering specific evidence including the parents’ income and assets, the reasonableness of the higher education considering the child’s academic record and financial resources available, as well as the child’s preparation for, aptitude for and commitment to higher education.

Attorney DeMeola in Maya Murphy’s Westport office. He welcomes inquiries and can be reached by telephone at (203) 221-3100 or by e-mail at mdemeola@mayalaw.com.
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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Alimony Alert- September 9, 2011

On July, 11, 2011, following trial in a Stamford based dissolution action, Judge Wenzel awarded the defendant wife both periodic and lump sum alimony. Pursuant to Judge Wenzel’s orders, the plaintiff husband is obligated to pay to his now ex-wife $3,000.00 per month for a period of three years (from August 1, 2011 through July 31, 2014). With respect to lump sum alimony, the plaintiff must pay his ex-wife $100,000.00 in four equal installments of $25,000.00. The payments are to be made on August 15, 2011, December 15, 2011, April 15, 2012 and August 15, 2012.

The Court found that the parties were married on May 30, 2007 in Westport, Connecticut. The husband is an attorney, and when the parties married, earned over $300,000.00 per year. In 2008, he received a total of $537,000.00 in income which included a substantial severance package. Since 2008 he had been working forty hours per week as a temporary attorney earning approximately $75.00 per hour. The defendant wife was employed in the advertising industry for 31 years, but was terminated just before the parties’ marriage. During the marriage, however, she worked in publishing and advertising. The court did not make a finding as to the defendant’s actual earnings or earning capacity except to the extent that it noted she earned far less than the plaintiff. At the time of trial, the defendant was unemployed and receiving unemployment compensation in the amount of $2,150.00 per month. Each party has two children from previous marriages, but none from their marriage to one another.

In fashioning its alimony award, the Court noted that it considered the factors set forth in Connecticut General Statutes §46b-82. Although it did not state which of those factors it relied upon, it appears the Court did not assign fault to either party. The Court did note, however, that although the defendant has an earning potential, it is far more limited than that of the plaintiff, and she has far fewer resources to rely upon. The Court further stated that its periodic alimony award is meant to help the defendant rehabilitate both in terms of her job skills as well as her physical and emotional condition.

Alimony Alerts are prepared by Michael D. DeMeola of Maya Murphy, P.C.

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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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Relocation: A Concise Summary of Connecticut Law

If you are reading this article, chances are you are interested in relocating with your child, or, would like to prevent your spouse, or ex-spouse, from relocating with your child. The following is meant to serve as a concise explanation of the laws which govern relocation cases in the State of Connecticut. As the analysis employed during divorce proceedings is quite different than the analysis utilized in the post-judgment context, the laws governing each scenario are addressed separately.

During divorce proceedings, parties often consider moving a considerable distance apart. Unfortunately, even in cases where parents might agree to a joint custody arrangement, that distance may have a significant impact on the feasibility of regular visitation, typically impeding upon the non-custodial parent’s access to his or her children. When determining whether relocation is appropriate during a divorce proceeding, or upon final dissolution, the Court will base its decision on whether the move is in the “best interests” of the child or children. In determining the “best interests” of children the Court will consider one or more of the factors specifically enumerated in Connecticut General Statutes Section 46b-56(c). Although the following is not an exhaustive list, those factors include: 1) the temperament and developmental needs of the child; 2) the ability of the parents to understand and meet the needs of the child; 3) any relevant information obtained from the child, including the informed preferences of the child; 4) the wishes of the child’s parents as to custody; 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; 6) the willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship; 7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute; 8 ) the ability of each parent to be actively involved in the life of the child; 9) the child’s adjustment to his or her home, school and community environments; 10) the stability of the child’s existing or proposed residences; 11) the mental and physical health of all individuals involved; 12) the child’s cultural background; and 13) the effect on the child of domestic violence which has occurred between the parents, or between a parent and another individual or the child. Notably, the Court is not required to assign any specific weight to the factors it considers.

Connecticut Courts have held that the issues which arise in cases initiated after a divorce is obtained (a post-judgment action) are considerably different than those present during divorce proceedings. In recognition of those differences, the State of Connecticut enacted Connecticut General Statutes Section 46b-56d, which governs relocation specifically in the post-judgment context. According to Section 46b-56d, where relocation would have a significant impact on an existing parenting plan, the relocating parent bears the burden of proving by a preponderance of the evidence that 1) the relocation is for a legitimate purpose; 2) the proposed relocation is reasonable in light of such purpose; and 3) the relocation is in the best interest of the child (see analysis above). In making its determination in the post-judgment context, the Court must consider, 1) each parent’s reasons for seeking or opposing the relocation; 2) the quality of the relationships between the child and each parent; 3) the impact of the relocation on the quantity and the quality of the child’s future contact with the non-relocating parent; 4) the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and 5) the feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.

Attorney DeMeola practices out of Maya Murphy’s Westport office. He welcomes inquiries and can be reached by telephone at (203) 221-3100 or by e-mail at mdemeola@mayalaw.com.
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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