How are disagreements over guardianship resolved?

| Jan 4, 2019 | Probate Litigation

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.