First Time Offender – (Alcohol Education Program)
In the State of Connecticut an arrest for driving while intoxicated is defined in Connecticut General Statute 14-227a. If you are reading this article then I shall assume that you have and at least heard of the handcuffing, breathalyzer and/or blood/urine screening and incarceration for the sobering up period.
The Alcohol Education Program is a diversionary program available to, typically first time offenders, to avoid the consequences stemming from a conviction. This diversionary program permits that offender to attend classes designed to educate the offender on the dangers of driving after having consuming to much alcohol. Typically, after one year after successfully completing the classes the case is dismissed.
But, the fun is not over with the trip the criminal court – your driving privilege may be subject to suspension. Generally, that loss will amount to ninety days but you are given an opportunity to have a per se department of motor vehicle hearing to determine whether the proper protocol were followed when your initial arrest was made. What occurs at this DMV hearing has no bearing on your separate and distinct criminal matter. FYI the suspension rendered by the Department of Motor Vehicle may be in addition to any suspension rendered by the criminal court.
Friday, March 28, 2008
Sunday, March 23, 2008
Parenting Education Classes
Parenting Education Classes – Controversy at the Connecticut Supreme Court
On March 19, 2008 the Hartford Courant ran a story about the argument before the Connecticut Supreme Court regarding the constitutionality of citizens of the State of Connecticut having to take parenting education classes in all divorces/custody actions where there are minor children born issue of the relationship. The entire article can be found at http://www.courant.com/news/local/hc-ctprose0319.artmar19,0,5830536.story.
In the Connecticut the parenting education program is defined at Connecticut General Statute 46b-69b which requires amongst other items that the parties are required by the automatic orders to complete this program within sixty days of the return date. A list of providers is available at the courthouse specifically the clerk’s office or through the office of family relations.
A certificate must be issue from the program provider that you have completed the program prior to the Court permitting your matter to go to judgment when children are involved. The parenting education classes are completely different than co-parenting classes that are typically uses in high conflict cases wherein the parents cannot communicate regarding the major decisions to be made about their children.
Completion to the parenting education class is mandatory before any final judgment on custody or visitation will be entered.
So back to our friend who did not want to take the class. Why not, knowledge is power and when children are involved post-divorce why would parents not want to have all the resources available to them to assist their child or children in this very difficult time in their lives. For the mere hours it takes to complete the class it appears that is would be a greater disservice upon their children if this Court were not to mandate this class. This is clearly not designed to teach parents how to parent but to stress the impact of divorce and how their actions during the pendency or post-divorce will have on their kids. So instead of going quietly into the night we again use our States limited resources to challenge a productive and important source of information for parents. Understandably, not everyone wants to spend time back in a classroom but if the class even remotely benefits children let alone their parents dealing with divorce then it seems to defy logic to challenge what apparently is a win win situation for all those involved especially those (the kids) who did not create the problem which their parents seek judicial relief.
On March 19, 2008 the Hartford Courant ran a story about the argument before the Connecticut Supreme Court regarding the constitutionality of citizens of the State of Connecticut having to take parenting education classes in all divorces/custody actions where there are minor children born issue of the relationship. The entire article can be found at http://www.courant.com/news/local/hc-ctprose0319.artmar19,0,5830536.story.
In the Connecticut the parenting education program is defined at Connecticut General Statute 46b-69b which requires amongst other items that the parties are required by the automatic orders to complete this program within sixty days of the return date. A list of providers is available at the courthouse specifically the clerk’s office or through the office of family relations.
A certificate must be issue from the program provider that you have completed the program prior to the Court permitting your matter to go to judgment when children are involved. The parenting education classes are completely different than co-parenting classes that are typically uses in high conflict cases wherein the parents cannot communicate regarding the major decisions to be made about their children.
Completion to the parenting education class is mandatory before any final judgment on custody or visitation will be entered.
So back to our friend who did not want to take the class. Why not, knowledge is power and when children are involved post-divorce why would parents not want to have all the resources available to them to assist their child or children in this very difficult time in their lives. For the mere hours it takes to complete the class it appears that is would be a greater disservice upon their children if this Court were not to mandate this class. This is clearly not designed to teach parents how to parent but to stress the impact of divorce and how their actions during the pendency or post-divorce will have on their kids. So instead of going quietly into the night we again use our States limited resources to challenge a productive and important source of information for parents. Understandably, not everyone wants to spend time back in a classroom but if the class even remotely benefits children let alone their parents dealing with divorce then it seems to defy logic to challenge what apparently is a win win situation for all those involved especially those (the kids) who did not create the problem which their parents seek judicial relief.
Saturday, March 22, 2008
Connecticut Probate
After You Are Gone, Who Gets Your Stuff?
Probate is the public process of filing and validating a will in court, publication to creditors, paying all the debts and taxes of deceased person, and dividing up the assets according to the will or Connecticut law.
The Connecticut law of intestate succession provides who will inherit your property. Generally, if you are married and have no children, or have no surviving children at the time of your death, all of your property passes to your spouse.
If no one is qualified to claim your estate under any rules, your intestate estate passes to the State of Connecticut. For that reason and that reason alone you need to consider who your estate and how it will pass after you are gone.
For the most part, if you do not have a surviving spouse, your property then passes to your descendants. If you do not have any descendants, to your parents. If you are not survived by any descendants or parents, then to the descendants of your parents. If you do not have any surviving descendants, parents or descendants of your parents, then to your grandparent(s) if they survive you, and if they do not survive you, to your grandparents’ descendants.
Estate planning covers the transfer of property at death as well as a variety of other personal matters that may or may not involve tax planning.
Your ability to direct who gets what is significantly impaired if you do not plan ahead.
Probate is the public process of filing and validating a will in court, publication to creditors, paying all the debts and taxes of deceased person, and dividing up the assets according to the will or Connecticut law.
The Connecticut law of intestate succession provides who will inherit your property. Generally, if you are married and have no children, or have no surviving children at the time of your death, all of your property passes to your spouse.
If no one is qualified to claim your estate under any rules, your intestate estate passes to the State of Connecticut. For that reason and that reason alone you need to consider who your estate and how it will pass after you are gone.
For the most part, if you do not have a surviving spouse, your property then passes to your descendants. If you do not have any descendants, to your parents. If you are not survived by any descendants or parents, then to the descendants of your parents. If you do not have any surviving descendants, parents or descendants of your parents, then to your grandparent(s) if they survive you, and if they do not survive you, to your grandparents’ descendants.
Estate planning covers the transfer of property at death as well as a variety of other personal matters that may or may not involve tax planning.
Your ability to direct who gets what is significantly impaired if you do not plan ahead.
Monday, March 17, 2008
What if you Settle and Judgment Enters
What if a Judgment Has Entered Against You?
The plaintiff, the individual or other type of entity could now proceed upon their judgment. Collection procedures once commenced can in most circumstances include executions against your bank accounts, personal property, or income.
If Judgment has not entered and you have failed to respond and you may have been insured for this type of loss and they are demanding an amount greater than your insurance policy it does not mean that they are entitled to an amount greater, just that they are claiming they are. You should turn this matter over to your insurance company. If they do not respond to the claims made against you, you may have a claim for bad faith against your insurance company. Your insurance company is required, in good faith, to represent you.
The plaintiff, the individual or other type of entity could now proceed upon their judgment. Collection procedures once commenced can in most circumstances include executions against your bank accounts, personal property, or income.
If Judgment has not entered and you have failed to respond and you may have been insured for this type of loss and they are demanding an amount greater than your insurance policy it does not mean that they are entitled to an amount greater, just that they are claiming they are. You should turn this matter over to your insurance company. If they do not respond to the claims made against you, you may have a claim for bad faith against your insurance company. Your insurance company is required, in good faith, to represent you.
Auto Accident
Injuries from an auto accident that may exceed your insurance limits?
A minor fender bender with someone just took on a life of its own. You are now in a situation where those injuries that are being claimed by the injured party, other driver, passenger whomever are claiming damages in excess of your bodily insurance limits.
Do you have extensive personal assets? If not, it's usually in your best interests to allow the plaintiff to determine your policy limits. If you refuse to, they can sue you and then they get to find out anyway. If you have substantial personal assets, or just stuff -- and I'd urge you to visit with a personal injury lawyer on these important details.
A minor fender bender with someone just took on a life of its own. You are now in a situation where those injuries that are being claimed by the injured party, other driver, passenger whomever are claiming damages in excess of your bodily insurance limits.
Do you have extensive personal assets? If not, it's usually in your best interests to allow the plaintiff to determine your policy limits. If you refuse to, they can sue you and then they get to find out anyway. If you have substantial personal assets, or just stuff -- and I'd urge you to visit with a personal injury lawyer on these important details.
Sunday, March 9, 2008
Death Penalty - Capital Punishment in the United States
Capital Punishment in the United States
"Your eye shall not pity; it shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." Deuteronomy 19:21
Does this bible verse support those in their belief that advocate for the death penalty? Was it 'Daniel Frank' the first executed in the territory called the United States that created this ongoing debate?
The debate over the use and imposition of capital punishment varies over a wide spectrum of beliefs and issues. What cannot be debated is the fact that murder is an unjustified intentional killing. Murder can be committed by an individual acting against our enacted laws and morality as well as a government acting on behalf of its citizenry. State authorized killings and criminal murders both demonstrate a lack of respect for human life. Both abolitionists and proponents of the death penalty search for the answers to what is the appropriate penalty for one who murders another.
The Eighth Amendment prohibition of "cruel and unusual punishment" is controlling upon the Supreme Courts analysis of capital punishment. It was Furman v. Georgia ruled that this type of punishment violated the Eighth and Fourteenth Amendment due to arbitrary sentencing. States later revamped their statutes to avoid the issues raised in Furman.
Pro-Death Perspective:
Arguments that support the use of death penalty for criminal offenders hinge on deterrence and retribution. The deterrence argument focuses on the notion that executions deter potential offenders from committing similar acts (to aid in the prevention of a future crime).
Have you spoken with someone who said that they have not committed these types of offenses for fear that as a part of their sentence the death penalty would be imposed?
Anti-Death Perspective:
Albert Camus reflecting on the use of the guillotine, state that "there will be no lasting peace either in the heart of individuals or in social customs until death is outlawed." The threat of death does not have any effect on homicide rates.
"Your eye shall not pity; it shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." Deuteronomy 19:21
Does this bible verse support those in their belief that advocate for the death penalty? Was it 'Daniel Frank' the first executed in the territory called the United States that created this ongoing debate?
The debate over the use and imposition of capital punishment varies over a wide spectrum of beliefs and issues. What cannot be debated is the fact that murder is an unjustified intentional killing. Murder can be committed by an individual acting against our enacted laws and morality as well as a government acting on behalf of its citizenry. State authorized killings and criminal murders both demonstrate a lack of respect for human life. Both abolitionists and proponents of the death penalty search for the answers to what is the appropriate penalty for one who murders another.
The Eighth Amendment prohibition of "cruel and unusual punishment" is controlling upon the Supreme Courts analysis of capital punishment. It was Furman v. Georgia ruled that this type of punishment violated the Eighth and Fourteenth Amendment due to arbitrary sentencing. States later revamped their statutes to avoid the issues raised in Furman.
Pro-Death Perspective:
Arguments that support the use of death penalty for criminal offenders hinge on deterrence and retribution. The deterrence argument focuses on the notion that executions deter potential offenders from committing similar acts (to aid in the prevention of a future crime).
Have you spoken with someone who said that they have not committed these types of offenses for fear that as a part of their sentence the death penalty would be imposed?
Anti-Death Perspective:
Albert Camus reflecting on the use of the guillotine, state that "there will be no lasting peace either in the heart of individuals or in social customs until death is outlawed." The threat of death does not have any effect on homicide rates.
Can Autism be linked to Vaccines
What about all of the Childhood Vaccines - ProVaccine/AntiVaccine
An award has been made to a family compensating them for autism symptoms that their child received as a result of a vaccine in a rare situation. Is this what has been rumbling out there for years or is this going to be a unique situation. Is this going to scare parents away from giving their physicians permission to administer those childhood vaccines that most of have received on our own lives? If you are reading this and have received the regular childhood shots they have obviously done something to protect you from serious disease. Is the real issue no vaccines or safer testing by the Government to ensure they are safe?
An award has been made to a family compensating them for autism symptoms that their child received as a result of a vaccine in a rare situation. Is this what has been rumbling out there for years or is this going to be a unique situation. Is this going to scare parents away from giving their physicians permission to administer those childhood vaccines that most of have received on our own lives? If you are reading this and have received the regular childhood shots they have obviously done something to protect you from serious disease. Is the real issue no vaccines or safer testing by the Government to ensure they are safe?
Saturday, March 8, 2008
Connecticut Foreclosure
Some Information on Foreclosures by Sale in Connecticut
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
Who is going to pay for College?
No Loans for College - Where Will the Money Come from
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
Will Florida and Michigan Delegates be Seated at DNC
Who is really going to decide
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Wednesday, March 5, 2008
The Best Interests of the Minor Child
Guardian Ad Litem versus Attorney for the Child
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
Monday, March 3, 2008
The Rights of Parents to Limit Visitation of their Children with Third Parties
Third Party Rights of Access in Connecticut
What has historically been in “the best interest of the child” is no longer the standard: the bar has been raised.
In Troxel.v Granville, 530 U.S. 57 (2000), the Court recognized that the Washington Statute at issue permitted any third person to subject any parental decision regarding visitation to state review. A parent’s decision regarding their child is “…afforded no presumptive validity or given any weight…The statute places the best interests of the parents’ child solely in the hands of the judge and the judge’s view necessarily prevails. Therefore, the statute provides the state court judge with the authority to disregard the decisions of a fit parent regarding visitation rights of their child when, upon petition by a third party, the Court determines the child’s best interests contrary to the wishes of the fit parent.” Troxel at 565, 566.
The Court criticized the Superior Court decision for contravening the traditional presumption that a fit parent will act in the best interests of his or her child. “In that respect, the court’s presumption failed to provide any protection for Granville’s fundamental constitutional right to make decisions concerning the rearing of her own two daughters.” Troxel at 568.
Despite the suggestion that in an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren, the Court concluded that “[n]eedless to say, however, our world is far from perfect, and in it the decision whether an inter-generational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent’s decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parents own determination.” Troxel at 569.
And thus it was held that the standard application to the determination of child/visitation cases regarding third person would no longer be determined by the best interests of the child but rather would be decided on the basis of an otherwise fit parent’s decision as to who, when and how others peoples’ lives may become integrated with their children’s lives, despite “the best interest of the child.”
What has historically been in “the best interest of the child” is no longer the standard: the bar has been raised.
In Troxel.v Granville, 530 U.S. 57 (2000), the Court recognized that the Washington Statute at issue permitted any third person to subject any parental decision regarding visitation to state review. A parent’s decision regarding their child is “…afforded no presumptive validity or given any weight…The statute places the best interests of the parents’ child solely in the hands of the judge and the judge’s view necessarily prevails. Therefore, the statute provides the state court judge with the authority to disregard the decisions of a fit parent regarding visitation rights of their child when, upon petition by a third party, the Court determines the child’s best interests contrary to the wishes of the fit parent.” Troxel at 565, 566.
The Court criticized the Superior Court decision for contravening the traditional presumption that a fit parent will act in the best interests of his or her child. “In that respect, the court’s presumption failed to provide any protection for Granville’s fundamental constitutional right to make decisions concerning the rearing of her own two daughters.” Troxel at 568.
Despite the suggestion that in an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren, the Court concluded that “[n]eedless to say, however, our world is far from perfect, and in it the decision whether an inter-generational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent’s decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parents own determination.” Troxel at 569.
And thus it was held that the standard application to the determination of child/visitation cases regarding third person would no longer be determined by the best interests of the child but rather would be decided on the basis of an otherwise fit parent’s decision as to who, when and how others peoples’ lives may become integrated with their children’s lives, despite “the best interest of the child.”
Saturday, March 1, 2008
Legal Issues Affecting Your Pets in the State of Connecticut
What happens when….
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
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