Showing posts with label connecticut. Show all posts
Showing posts with label connecticut. Show all posts
Tuesday, July 21, 2009
Use Your Handsfree Device while Driving
Forgeting your bluetooth or handsfree device may cost you $100.00 on your first offense. Be carefull the police are cracking down on enforcing this provision under the Law. I can tell you from firsthand knowledge that if you are caught talking without you handsfree device then you will be ticketed. Dont think it is the next guy who will be pulled over as it may be you.
Friday, February 6, 2009
Establishing Custodial Rights for Grandparents in Connecticut
What is Akin to a Parent Child Relationship?
Many states have recognized a parent child relationship under “de facto parent,” “psychological parent,” or “in loco parentis” theories. The question of who may be deemed a psychological parent for purposes of receiving parental responsibilities has been answered differently throughout the United States.
A psychological parent under the laws of the state of Oregon has been defined within ORS 109.119 (10)(a) as:
(a) “Child-parent relationship” means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child’s psychological needs for a parent as well as the child’s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months.
In California, for example, a de facto parent is defined as “a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child’s physical and psychological needs for care and affection, and who has assumed that role for a substantial period.” Cal. Rules of Court, R. 1401 (8); see also C.E.W. v. D.E.W., 845 A.2d 1146, 1152 (Me. 2004) (declining to define a de facto parent, but noting “it must surely be limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life”).
In California, a de facto parent does not have custody over a dependent child or the right to make any decisions on his or her behalf. Rather, a de facto parent simply has standing to participate as a party in disposition hearings and any hearing thereafter at which the status of the dependent child is at issue. (Cal. Rules of Court, rule 5.534(e).) While any grandparent or other relative may in the court's discretion be present at a hearing and address the court (Cal. Rules of Court, rule 5.534(f)), a de facto parent has additional rights. A de facto parent may also present evidence, be represented by counsel and, in the court's discretion, be appointed counsel. (Cal. Rules of Court, rule 5.534(e).)
Factors a court considers in making its decision regarding a request for de facto parent status include: the nature of the applicant's psychological bond with the child; the applicant's adherence to the role of parent over a substantial period of time; whether the applicant possesses unique information about the child; whether the applicant has regularly attended juvenile court hearings; and whether a future proceeding may result in an order that permanently forecloses the applicant's contact with the child. In re Merrick V. (2004) 122 Cal.App.4th 235, 256.
The Alaska Supreme Court has defined a psychological parent as: “[O]ne who, on a day-to-day basis, through interaction, companionship, interplay, and mutuality, fulfills the child’s psychological needs for an adult. This adult becomes an essential focus of the child’s life, for he is not only the source of the fulfillment of the child’s physical needs, but also the source of his emotional and psychological needs . . . . The wanted child is one who is loved, valued, appreciated, and viewed as an essential person by the adult who cares for him. . . . This relationship may exist between a child and any adult; it depends not upon the category into which the adult falls – biological, adoptive, foster, or common-law – but upon the quality and mutuality of the interaction.” Evans v. McTaggart, 88 P.3d 1078, 1082 (Alaska 2004).
Similarly, in In re Clifford K., 619 S.E.2d 138 (W.Va. 2005), the West Virginia Supreme Court defined the nature of the relationship that supports a finding that the third party acted as a psychological parent. The court stated: “A “psychological parent,” who has greater protection under the law in a child custody proceeding than would ordinarily be afforded to one who is not the biological or adoptive parent of the child, is a person who, on a continuing day-to-day basis, through interaction, companionship, interplay, and mutuality, fulfills a child’s psychological and physical needs for a parent and provides for the child’s emotional and financial support.” Id. at 157.
The State of Nebraska has defined a parent child relationship as "a person standing in loco parentis to a child is one who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation, without going through the formalities necessary to a legal adoption, and the rights, duties, and liabilities of such person are the same as those of the lawful parent . . . ." Cornhusker Christian Child Home v. DSS, 227 Neb. 94, 416 N.W.2d 551, 561 (1987) (quoting Austin v. Austin, 147 Neb. 109, 112-13, 22 N.W.2d 560, 563 (1946)).
Legal recognition of a de facto or "psychological parent" and child relationship---notwithstanding the absence of any biological ties---also finds support in a recent decision of New Jersey's highest court. In V.C. v. M.J.B., 163 N.J. 200, 748 A.2d 539 (2000), the New Jersey Supreme Court held that “the same sex partner of a biological mother who had assumed a parental role in helping to raise the biological mother's child had established a "psychological parenthood" with respect to the child and thus had a legal right to petition for custody and visitation.” See id. at 555.
The New Jersey Supreme Court applied a four-part test to determine whether a "psychological parenthood" existed between a "third party" adult and a child:
"the legal parent must consent to and foster the relationship between the third party and the child; the third party must have lived with the child; the third party must perform parental functions for the child to a significant degree; and most important, a parent-child bond must be forged." Id. at 551.
These criteria indicate that a given person's eligibility for "psychological parenthood" with respect to an unrelated child will be strictly limited to those adults who have served literally as one of the child's de facto parents.
Many states have recognized a parent child relationship under “de facto parent,” “psychological parent,” or “in loco parentis” theories. The question of who may be deemed a psychological parent for purposes of receiving parental responsibilities has been answered differently throughout the United States.
A psychological parent under the laws of the state of Oregon has been defined within ORS 109.119 (10)(a) as:
(a) “Child-parent relationship” means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child’s psychological needs for a parent as well as the child’s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months.
In California, for example, a de facto parent is defined as “a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child’s physical and psychological needs for care and affection, and who has assumed that role for a substantial period.” Cal. Rules of Court, R. 1401 (8); see also C.E.W. v. D.E.W., 845 A.2d 1146, 1152 (Me. 2004) (declining to define a de facto parent, but noting “it must surely be limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life”).
In California, a de facto parent does not have custody over a dependent child or the right to make any decisions on his or her behalf. Rather, a de facto parent simply has standing to participate as a party in disposition hearings and any hearing thereafter at which the status of the dependent child is at issue. (Cal. Rules of Court, rule 5.534(e).) While any grandparent or other relative may in the court's discretion be present at a hearing and address the court (Cal. Rules of Court, rule 5.534(f)), a de facto parent has additional rights. A de facto parent may also present evidence, be represented by counsel and, in the court's discretion, be appointed counsel. (Cal. Rules of Court, rule 5.534(e).)
Factors a court considers in making its decision regarding a request for de facto parent status include: the nature of the applicant's psychological bond with the child; the applicant's adherence to the role of parent over a substantial period of time; whether the applicant possesses unique information about the child; whether the applicant has regularly attended juvenile court hearings; and whether a future proceeding may result in an order that permanently forecloses the applicant's contact with the child. In re Merrick V. (2004) 122 Cal.App.4th 235, 256.
The Alaska Supreme Court has defined a psychological parent as: “[O]ne who, on a day-to-day basis, through interaction, companionship, interplay, and mutuality, fulfills the child’s psychological needs for an adult. This adult becomes an essential focus of the child’s life, for he is not only the source of the fulfillment of the child’s physical needs, but also the source of his emotional and psychological needs . . . . The wanted child is one who is loved, valued, appreciated, and viewed as an essential person by the adult who cares for him. . . . This relationship may exist between a child and any adult; it depends not upon the category into which the adult falls – biological, adoptive, foster, or common-law – but upon the quality and mutuality of the interaction.” Evans v. McTaggart, 88 P.3d 1078, 1082 (Alaska 2004).
Similarly, in In re Clifford K., 619 S.E.2d 138 (W.Va. 2005), the West Virginia Supreme Court defined the nature of the relationship that supports a finding that the third party acted as a psychological parent. The court stated: “A “psychological parent,” who has greater protection under the law in a child custody proceeding than would ordinarily be afforded to one who is not the biological or adoptive parent of the child, is a person who, on a continuing day-to-day basis, through interaction, companionship, interplay, and mutuality, fulfills a child’s psychological and physical needs for a parent and provides for the child’s emotional and financial support.” Id. at 157.
The State of Nebraska has defined a parent child relationship as "a person standing in loco parentis to a child is one who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation, without going through the formalities necessary to a legal adoption, and the rights, duties, and liabilities of such person are the same as those of the lawful parent . . . ." Cornhusker Christian Child Home v. DSS, 227 Neb. 94, 416 N.W.2d 551, 561 (1987) (quoting Austin v. Austin, 147 Neb. 109, 112-13, 22 N.W.2d 560, 563 (1946)).
Legal recognition of a de facto or "psychological parent" and child relationship---notwithstanding the absence of any biological ties---also finds support in a recent decision of New Jersey's highest court. In V.C. v. M.J.B., 163 N.J. 200, 748 A.2d 539 (2000), the New Jersey Supreme Court held that “the same sex partner of a biological mother who had assumed a parental role in helping to raise the biological mother's child had established a "psychological parenthood" with respect to the child and thus had a legal right to petition for custody and visitation.” See id. at 555.
The New Jersey Supreme Court applied a four-part test to determine whether a "psychological parenthood" existed between a "third party" adult and a child:
"the legal parent must consent to and foster the relationship between the third party and the child; the third party must have lived with the child; the third party must perform parental functions for the child to a significant degree; and most important, a parent-child bond must be forged." Id. at 551.
These criteria indicate that a given person's eligibility for "psychological parenthood" with respect to an unrelated child will be strictly limited to those adults who have served literally as one of the child's de facto parents.
Saturday, April 5, 2008
What to Do When Involved in a Car Accident in Connecticut
What to Do When Involved in a Car Accident in Connecticut
Connecticut Auto Accident Information
If you are involved in an auto accident, you may be entitled to recover damaged for your pain and suffering, emotional distress, loss of enjoyment of life, disability, medical expenses, loss of earning, inconvenience and property damage.
What to do When Injured in a Car accident in Connecticut?
1. If you are seriously injured or concerned that you may require immediate medical attention then seek help for emergency workers.
2. If you are not in need of emergency or immediate medical attention, take time to survey the area where the accident occurred including important details:
a. Identity of the driver of the other vehicle(s);
b. Identify any possible witness to the accident – identify them to the police officer;
c. Look for skid marks as well as other evidence such as broken glass, broken tail lights
or other parts that have been damaged also noting any debris location;
3. Obtain information from the other driver:
a. Name;
b. Address;
c. Phone number;
d. Name of insurance company.
4. Talk with the police officer
a. Make sure you clearly inform the investigating officer of your understanding of how
the accident happened.
5. If you have a cell phone with a camera or a other camera take pictures of the scene, roadway, driver(s), passenger(s) and the vehicles themselves.
6. Obtain information of any witnesses:
a. Name;
b. Address;
c. Phone number;
From the beginning , you need to have the understanding that you life may change as a result of what just occurred. Cooperation and assistance from the insurance companies will play a major component in getting your affairs back in order. The insurance adjuster has one mindset – pay you a little as possible to get you to sign a release.
Successfully dealing with this process are those who can find an attorney who will take on the responsibility of getting their clients car fixed and properly adjusted or replace if required, dealing with doctors or other medical providers to verify you get the treatment you need and lastly how it will get paid – either med pay (part of your automobile policy) or your medical insurance.
Connecticut Auto Accident Information
If you are involved in an auto accident, you may be entitled to recover damaged for your pain and suffering, emotional distress, loss of enjoyment of life, disability, medical expenses, loss of earning, inconvenience and property damage.
What to do When Injured in a Car accident in Connecticut?
1. If you are seriously injured or concerned that you may require immediate medical attention then seek help for emergency workers.
2. If you are not in need of emergency or immediate medical attention, take time to survey the area where the accident occurred including important details:
a. Identity of the driver of the other vehicle(s);
b. Identify any possible witness to the accident – identify them to the police officer;
c. Look for skid marks as well as other evidence such as broken glass, broken tail lights
or other parts that have been damaged also noting any debris location;
3. Obtain information from the other driver:
a. Name;
b. Address;
c. Phone number;
d. Name of insurance company.
4. Talk with the police officer
a. Make sure you clearly inform the investigating officer of your understanding of how
the accident happened.
5. If you have a cell phone with a camera or a other camera take pictures of the scene, roadway, driver(s), passenger(s) and the vehicles themselves.
6. Obtain information of any witnesses:
a. Name;
b. Address;
c. Phone number;
From the beginning , you need to have the understanding that you life may change as a result of what just occurred. Cooperation and assistance from the insurance companies will play a major component in getting your affairs back in order. The insurance adjuster has one mindset – pay you a little as possible to get you to sign a release.
Successfully dealing with this process are those who can find an attorney who will take on the responsibility of getting their clients car fixed and properly adjusted or replace if required, dealing with doctors or other medical providers to verify you get the treatment you need and lastly how it will get paid – either med pay (part of your automobile policy) or your medical insurance.
Wednesday, April 2, 2008
Is it worth it to pay an Attorney and/or Mediator?
Should I hire an attorney and/or mediator?
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
One of the biggest – and most often cited – expenses related to litigation, divorce and/or contested judicial matters is the attorney and/or mediator. There is a perpetual debate over the value of services provided by professionals, attorney and/or mediator. In the legal practice this controversy is sometimes confronted head-on by judicial system itself. After all, going “pro se” (individuals representing themselves) requires greater resources to be allocated by the State and Federal Government than individuals or businesses with the assistance of legal counsel who can navigate their way throughout the process.
In this blog we’ll examine the underlying factors that come into play when involved in a lawsuit, litigation or general dispute with – or without – an attorney and/or mediator, so that you can make your own informed decisions about the subject. After all, it’s your money, your property, your children or the like and most of all your choice.
Representing yourself, or “pro se” is worthy of consideration, and can save you an initial expenditure of funds to hire an attorney but you must consider not just the present but your future obligations both direct and indirect. To represent yourself, you will need to understand the legal and judicial process, and let alone the laws and statutes they may impact your ability to obtain the relief that you are seeking. But many people decide to represent themselves instead of hiring attorneys and/or mediators during the initial process and only involve an attorney after the fact i.e. judgment had entered, and for that reason it is a reasonable and common practice to hire your advocate before the process potentially may impact your future advocates ability to undo what occurs during the initial proceedings.
You will be forced to deal with many issues when involved in litigation. There may be depositions, court dates, hearings, trials or a process you don’t know about, or an issue that you are too involved with to view with objective eyes. You might need experienced advice to assist you in examining your options when faced with a fork in the road. Without quick and professional resolution of these types of problems, you could face serious consequences, both financially and emotionally.
For these reasons, the most overlooked, underrated, and valuable justification for hiring an attorney and/or mediator is that it gives you the opportunity to negotiate through a professional, experienced, and emotionally objective third party who has your best interest in mind.
Because the attorney will be negotiating/advocating on your behalf, it is essential that you hire someone you can trust, communicate with, and rely upon. Many parties feel most confident when they are able to choose an attorney from their own community who understands their needs.
The decision to hire an attorney and/or mediator or go it alone as a “pro se” is a complicated and important one, and there are many variables to take into consideration.
If I can be of any assistance to you when your situation requires legal counsel please contact me mfasanojr@duffyandfasano.com. My name is Michael A. Fasano Jr. and I am with Duffy & Fasano, attorneys and counselors at law. I service the New Haven County area, Litchfield County Area with a focus on Waterbury, Litchfield and the beautiful Northwest Hills.
Tuesday, April 1, 2008
Connecticut’s Conveyance Tax May Be Extended for Two Years
House Bill 5885 - Is Connecticut’s Conveyance Tax Increase Temporary?
The temporary fix to Connecticut’s financial problems may continue to be supplemented by the increased conveyance tax for both the State and local municipalities. A conveyance tax is imposed and collected based upon the sales price of the real property being sold. In Connecticut the conveyance tax is customarily paid by the seller at the time of the sale.
The increase in the conveyance tax was supposed to expire (sunset) July 1, 2007. A sunset gives lawmakers a chance to review laws and then after its review decide to continue them or not. Apparently, this increase shall not expire but continue for at least two more years at this rate.
If you are selling your home at a loss you may have to bring money to the closing table to pay this conveyance tax in addition to the other fees associated with the closing, including real estate commissions, attorneys fees etc. Conversely, a bank that acquires a property through the foreclosure process does not pay a conveyance tax on that foreclosed property. A conveyance tax is bourn only by a home seller regardless of the length of time the seller has owned the home.
The tax is calculated on the total sale price, not the equity or the profit that the seller makes. Every day at the closing table you can feel the stress that the homeowner, often bringing money to the closing table to avoid foreclosure or a high interest rate usually unexpected with that variable rate mortgage. Seniors in this state are being affected who live on a fixed income and need all of the equity that they have built over years of home ownership when it's time to sell their property.
Your home is one of your greatest investments and you don't want to see your equity going to a state government that continues to increase our taxes. Sunset the conveyance tax and hold the politicians to their word of a temporary increase and not a permanent increase disguised by temporary renewals of the tax.
The temporary fix to Connecticut’s financial problems may continue to be supplemented by the increased conveyance tax for both the State and local municipalities. A conveyance tax is imposed and collected based upon the sales price of the real property being sold. In Connecticut the conveyance tax is customarily paid by the seller at the time of the sale.
The increase in the conveyance tax was supposed to expire (sunset) July 1, 2007. A sunset gives lawmakers a chance to review laws and then after its review decide to continue them or not. Apparently, this increase shall not expire but continue for at least two more years at this rate.
If you are selling your home at a loss you may have to bring money to the closing table to pay this conveyance tax in addition to the other fees associated with the closing, including real estate commissions, attorneys fees etc. Conversely, a bank that acquires a property through the foreclosure process does not pay a conveyance tax on that foreclosed property. A conveyance tax is bourn only by a home seller regardless of the length of time the seller has owned the home.
The tax is calculated on the total sale price, not the equity or the profit that the seller makes. Every day at the closing table you can feel the stress that the homeowner, often bringing money to the closing table to avoid foreclosure or a high interest rate usually unexpected with that variable rate mortgage. Seniors in this state are being affected who live on a fixed income and need all of the equity that they have built over years of home ownership when it's time to sell their property.
Your home is one of your greatest investments and you don't want to see your equity going to a state government that continues to increase our taxes. Sunset the conveyance tax and hold the politicians to their word of a temporary increase and not a permanent increase disguised by temporary renewals of the tax.
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.
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.
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.”
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