Connecticut Phone: 203-661-5222 | New York Phone: 914-397-2400 | Florida Phone: 239-302-2768

Your Leading Estate Planning, Taxation, Real Estate and Trust & Estate Litigation Firm.

ABA American Bar Association NYSBA WCBA Worcester County Bar Association Connecticut Bar Association CTLA ASPPA

How are disagreements over guardianship resolved?

It's not easy to navigate the best choices for children, especially if they may involve tough decisions. Connecticut probate courts are there for parents, relatives and other responsible adults to gain custody or guardianship of children. Courts are also places to dispute decisions made over these issues.

How would someone gain custody of a child?

Courts will often favor a biological connection to the subject of a guardianship hearing, so a mother or father would be a likely choice. A court would consider the best environment for a child if parents are in dispute, and other relatives would be favored if neither parent is available.

Would the state of Connecticut ever receive guardianship?

There have been cases of the Department of Children and Families (DCF) receiving guardianship of children if there are no other available guardians or no other acceptable environments. Parents may also relinquish guardianship to DCF if they feel it is necessary for similar reasons, including the child's state of mental health or their own mental health.

What if parents feel the need to reverse this decision?

Some parents who relinquished guardianship under difficult circumstances may wish to regain guardianship or custody of their children. A probate court would be able to review the previous decision, especially with new evidence or claims.

Do parents need a lawyer for a probate court filing or appearance?

It is often recommended that parties to a probate court process retain legal representation. An attorney may be more familiar with the processes of guardianship cases and claims.

No Comments

Leave a comment
Comment Information

Greenwich Office
25 Field Point RD
Greenwich, CT 06830

Phone: 203-661-5222 CT
Fax: 203-661-1197
Greenwich Office Location

White Plains Office
1 North Lexington Avenue
Suite 701
White Plains, NY 10601

Phone: 914-397-2400 NY
Fax: 914-437-6354
Map & Directions

Bridgehampton Office
2317 Montauk Highway
Bridgehampton, NY 11932

Phone: 203-661-5222 CT
Fax: 203-661-1197
Map & Directions

Naples Office
500 Fifth Avenue South
Suite 526
Naples, FL 34102

Phone: 239-302-2768
Fax: 239-325-1813
Map & Directions