Legal Question in Family Law in Connecticut
Parental Rights termination
We have permanent guardianship of our 41/2 yr.old grand- daughter.She has lived with us since she was 8 mos.old. Her mother has not had anycontact with her for over 21/2 yrs...has never paid child She is now suing our son for divorce,and is goingafter custody of the child.So we filed a petition to try to have the mother's parental rights terminated.We also hired a P.I. and have the mother,on tape,purchasing alcohol on four consecutive Fridays.Our son is consenting to his parental rights being terminated.Our attorney seems confident,with all we have against the mother{abandonment,no rehabilitation,etc.}But we are told judges very rarely terminate rights of parents who are presently showing an interest in the child.Any comments as to our chances?? In addition,our granddaughter is now healthy and very happily attached to us...her mother is now a stranger to her.
3 Answers from Attorneys
Grandparent adoption
My question is why you are going for adoption when you already have guardianship. In WA we have Non-Parent Custody actions, in which the custody granted requires substantial change of circumstances to modify. Is it that you want to cut off all contact with the mother?
In WA, the case of MARRIAGE ALLEN, 28 Wn.App. 637, 648, 626 P.2d 16 (1981) quoted another case as follows: "(I)t was formerly thought that blood ties between parent and child were extremely important. Now it is learned that kinship is not as important as stability of environment and care and attention to the child's needs. See J. Goldstein, A. Freud, A. Solnit, Beyond the Best Interests of the Child (1973). These convictions may also change as further study and experience produces new insights."
See also Custody of Stell, 56 Wn.App. 356, 783 P.2d 615 (1989) for another non-parent custody case.
These cases don't deal with termination or adoption, but they might give some insight and direction to you and your attorney.
Grandpaarent Adoption
Tendancies of courts in general are FAR less important that the tendancy of YOUR judge in particular. If your attorney practices before him regularly, your attorney probably knows... listen to him instead of seeking the advice of attorneys half way accross the country who don't even have any idea who the judge is.
Termination of Parental Rights
State law procedures for adoption and termination of parental rights are creatures of state statute, being unknown at the common law. Not being licensed to practice in Connecticut, I am not familiar with your statute(s) on this subject. However, it is fairly universally recognized that parental unfitness may be grounds to transfer legal custody of a child from its natural parent to someone else. However, parental unfitness may not, of itself, be sufficient to justify terminating the strong natural bond between the parent and child that exists in the law. In Virginia, a parent used to be able to terminate his or her parental rights by simply signing a form to that effect. Now, the Court must, in addition, make a finding that terminating the parental rights is in the child's best interests, however that decision is made under your state's law.