Ever Wonder about Parental Termination, Abandonment, and the Best Interests of the Child?

Parental Termination

Parental termination has been equated to be the civil equivalent of the death penalty. When a court entertains a motion seeking such an action, it partakes in a two-step inquiry: whether, by clear and convincing evidence, one or more statutory grounds for termination exist and termination is in the best interests of the child. In the first part of the inquiry, the court looks to the facts of the case to see whether the party seeking termination has shown at least the presence of one statutory ground for terminating parental rights.

One such ground is abandonment, which constitutes a parent’s “failure to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child.” The court will consider attempts at physical and telephonic contact with the child, whether the parent sent gifts or cards on birthdays and the like, and whether the parent provided any financial support for the child. Sporadic attempts are insufficient to be considered “reasonable.”

Child’s Best Interests

As to the second part of the inquiry, the court must determine whether it is in the child’s best interests to maintain parental rights or to terminate them. Best interests include “the child’s interests in sustained growth, development, well-being, and continuity and stability of its environment.” The focus is on what’s best for the child, not what is best for the parent. When a court decides one way or the other, it must consider and make factual findings regarding seven factors found in General Statutes § 45a-717(h), including but not limited to the age of the child and the attempts made by a parent to adjust his or her circumstances, conditions, and conduct so as to allow reunification with the child.

Appellate Court of Connecticut: Post-Judgment Divorce Action

In a post-judgment divorce action, the Appellate Court of Connecticut upheld a lower court’s termination of a father’s parental rights to his son. In that case, the father had exhibited inconsistent, unorthodox, threatening, and criminal behavior that caused the mother to flee the State of New York to hide in Connecticut with their child.

The father abused alcohol and drugs, and after their son was born, he would frequently disappear for prolonged periods of time. While the father was incarcerated, he failed to take advantage of established programs that would have allowed him the opportunity to keep phone contact with his son, and even when he had supervised visitation, he frequently missed scheduled visits. Furthermore, during therapy sessions, the son expressed the desire to not have contact with his father, and the apparent need to learn karate to protect him and his mother should the father attempt to harm them.

The mother sought termination of the father’s parental rights, and the trial court concluded, based on the evidence presented reflecting the above and additional testimony from therapists, other professionals, and additional witnesses, that termination was proper. It determined by clear and convincing evidence that the father abandoned his son, and that reestablishing contact with the child would be detrimental to the child’s well-being and best interests. The father appealed the decision, but the Appellate Court agreed with the lower court’s findings and affirmed the judgment.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.