Family Law

Family law includes divorce, cohabitation, paternity, alimony, child support, custody and visitation rights, adoption, and much more. Family law is especially important to couples that are not married, but share property or children.

About three quarters of all states recognize common law marriages, in which a couple has lived together for a certain time (typically between seven to 14 years) as husband and wife, without the formal legalities of marriage. Connecticut does not sanction common law marriages, but does recognize valid common law marriages consummated in common law states. In these cases, the Court treats a common law marriage identically to a normal marriage or civil union.

Couples who have never been married, but who have children find themselves in the Family Court to resolve disputes over issues dealing with their common children. Essentially, in Connecticut, if both Parents are competent, and both Parents agree, the Family Court will not exercise jurisdiction. If, however, the State feels the Parents are putting the children at risk, the State will act through DCYS. The Parents will be summoned into the JUVENILE COURT and charged with neglect.

The Juvenile Court is a quasi-criminal court. The State of Connecticut is represented by the Department of Children and Youth Services (DCYS). DCYS is represented by an assistant attorney general. Almost always, the Parents are represented by an attorney. The child or children are usually assigned counsel who acts as both a guardian-at-litem (GAL) and attorney for the minor child (AMC). The Juvenile Court deals with guardianship and if appropriate has the authority to Terminate the Parental Rights of a Parent. This is serious business! If the Juvenile Judge finds that the child is at risk, guardianship of the child can be placed with DCYS, who then can take the child. Often on an emergency basis, DCYS will take children out of the house on a 72 hour hold. For most Parents, DCYS is not your friend.

If a child breaks the law, either in school, or outside of school, the child can be charged with delinquency. Delinquency hearings are held in the Juvenile Court. The State of Connecticut operates through an assistant attorney general who acts as a Prosecutor. The minor child is the defendant. All records are sealed. At least one parent must accompany the child to all hearings. The Juvenile Court has the authority to lock up miscreants – and often does. There is a “Juvenile Jail”. Believe it or not, if your child is a consistent truant, your child can be taken away and ordered to attend a school with locked doors and bars on the windows. Most children required to go to such schools are not happy there, and usually want to return home.

If a young adult (16-18) breaks the law, he or she will be charged in the Criminal Court. The Criminal Court has a separate session for young adults. The rules are a little different, but not significantly different. A young adult charged with a crime can be sent to a Juvenile Jail, or in some instances sent to the adult facilities. There are special rules dealing with young adults.

Couples living together can run afoul of the criminal code. One or both of them can be charged with assault, breach of peace, risk of injury to a minor, harassment, stalking, or other charges. Usually, these types of charges are handled in the Criminal Court in a separate session called FAMILY VIOLENCE. Often a Protective Order is issued, which can prevent a parent from returning home or seeing his or her children. In this Court, special rules apply. This courts mission is primarily to protect the “victim”. The secondary goal is to rehabilitate individuals so that they can return to their families.

 

• Divorce
• Family Law
• Custody Support
• Visitation
• Special Education Law
• Juvenile Law