Opinion
No. K09-CP96-000094-C
March 23, 2004
CORRECTED MEMORANDUM OF DECISION
On March 5, 2003, the respondent mother, Crystal L., filed a motion to transfer guardianship of Angela H. claiming that she can now provide a safe, permanent, stable home for Angela, that she has the financial ability to care for the child, that she has a strong bond with Angela (who also has a strong bond with her half-sister who is in mother's care) and that the original circumstances that led to transfer of guardianship to grandmother no longer exist. In short, mother claims that she is now suitable and worthy to serve as sole guardian for Angela.
Previously, Angela had been adjudicated neglected in 1996 and guardianship was transferred to maternal grandmother. On November 5, 2002, the court entered an order naming mother and grandmother co-guardians of Angela with the child's principal place of residence with maternal grandmother.
Grandmother, Jean L., objects to mother's request for transfer of guardianship. Father, Jason H., supports mother's request, as does the attorney for the child. Although the Department of Children and Families ("DCF") was involved with this family, it has not been involved in this matter subsequent to the transfer of guardianship to co-guardians, mother and grandmother.
The court heard testimony on October 6, 2003 and December 5, 2003. The court heard from a total of nine witnesses. Movant, Crystal L., Angela's mother, testified on her own behalf and called as witnesses Tiffany W., mother's friend, Ryan E., mother's then live-in boyfriend and the father of Angela's half-sister Amber, and Jason H., father. In addition to testifying herself, maternal grandmother, Jean L. called as witnesses Janet C., mother's aunt and grandmother's sister-in-law, Nancy P., a friend of grandmother's, Carol M., mother's sister, and Edward L., maternal grandfather.
Subsequent to the close of the trial, the court was informed that a change had occurred in mother's relationship with Ryan. The court re-opened the evidence on January 26, 2004, to admit a stipulation by the parties that mother had temporarily moved back to grandmother's house.
Based on the court's careful review and consideration of all the testimony as well as the documentary evidence, the court hereby grants the motion for transfer of guardianship and finds that mother Crystal L. is a suitable and worthy guardian at this time.
I. FACTS
The court finds that the evidence established the following facts:
A. Respondent Mother — Crystal
Crystal was 19 when Angela was born and was involved in a relationship with Angela's father that included domestic violence. Crystal has been employed now for over two years and has cared for Angela's younger sister, Amber. She has enrolled Amber in day care and the day care facility reported that Amber was always delivered clean and with meals packed and they had no concerns about Amber's care. The director found Crystal to be a loving and attentive parent who was always available if the center needed to contact her regarding Amber's care. Mother also completed a group counseling program at Domestic Violence Services of New London County which addressed issues of domestic violence, self-esteem, anger, stress and relaxation, and communication skills. Mother also completed a parenting class at Madonna Place.
B. Maternal Grandmother — Jean L.
Jean L. has cared for Angela for most of Angela's life. Although there are some issues with regard to Jean's parenting skills and some areas in which short-comings were noted at trial, including Angela's largely unstructured bedtime, Jean has provided a consistent and loving home for Angela. Grandmother has been involved with Angela's school activities, girl scouts, and ice skating. She has ensured that Angela received religious instruction. The evidence regarding Jean's health revealed that Jean has suffered from extremely serious health problems during the last year including severe pancreatitis and kidney failure. During the time grandmother was hospitalized, Angela was cared for by Crystal. Despite Jean's health concerns, she continues to be willing to provide full-time care for Angela.
C. Angela
Angela is now 8 years old and has lived with maternal grandmother most of her life. Much of that time, Crystal also lived with maternal grandmother. Angela is doing well in school and enjoys a number of hobbies and sports. Angela excels at figure skating and grandmother has fostered this interest, along with grandfather, and has attended most of Angela's skating events and competitions. Mother has also attended Angela's skating events and competitions.
II. DISCUSSION
In general, the party seeking the transfer of guardianship "bears the burden of establishing by a preponderance of the evidence that the best interest of the child warrants granting [the movant's] request." In re Shyliesh H., judicial district of Middlesex at Middletown, Superior Court For Juvenile Matters Child Protection Session, 1999 Conn. Sup. 2329 (Feb. 26, 1999) (Schuman, J.), aff'd on other grounds 56 Conn. App. 167, 180, 743 A.2d 165 (1999). See also In re John Anthony D.A., judicial district of Middlesex at Middletown, Superior Court For Juvenile Matters Child Protection Session, 2000 Conn. Sup. 6755 (June 5, 2000) (Schuman, J.); In re Alexander C., judicial district of Middlesex at Middletown, Superior Court For Juvenile Matters Child Protection Session, 1998 Conn. Sup. 13698 (Nov. 27, 1998) (Quinn, J.) Here, movant Crystal L. bears the burden of proving by a fair preponderance of the evidence that the best interest of the child Angela warrants that she should be named as sole guardian for Angela.
The central issue at trial concerned whether mother Crystal has reached the point at which she should be permitted to provide care for Angela as Angela's sole guardian. Both grandmother and mother have demonstrated their concern and commitment to the child. The evidence established that Angela will continue to have the love and support of her grandmother who has been such an important part of her life.
The court had an opportunity to observe and consider the witnesses as they testified during the course of the hearing. "It is the peculiar province of the trial court to observe the demeanor of the parties and their witnesses and to draw inferences therefrom as to the motives underlying their testimony and conduct." Solomon v. Aberman, 196 Conn. 359, 379, 493 A.2d 1933, (1985), Dadio v. Dadio, 123 Conn. 88, 92-93, 192 A. 557 (1937); see Christie v. Eager, 129 Conn. 62, 64-65, 26 A.2d 352 (1942). The Dadio court stated that:
Findings based upon these observations in the courtroom are in the same category as findings based upon a view of premises or property. Such evidence is as properly to be considered by the court in rendering its decision or making its finding as if presented by the lips of witnesses. Dadio v. Dadio, 123 Conn. at 93.
From that evidence, the court concludes that mother is now in a position to provide appropriate care for Angela and to meet her needs on a full-time long-term basis.
Mother has demonstrated her ability to care for Angela in part through the care she has given Angela's younger sister Amber. The evidence from the day care facility where mother took Amber while mother was working was extremely positive and complimentary of mother's parenting skills with Amber. Crystal has also been steadily employed for a lengthy period of time with her employer describing her as a "reliable and dependable person" and "an asset to [their] team." Exhibit 5. She has also successfully completed parenting and domestic violence classes. Although grandmother could continue to provide appropriate and loving care for Angela, on balance, the court finds that the best interest of the child would be served by granting sole guardianship to mother at this time. As counsel for mother, as well as counsel for the child, argued, Crystal is now in a position to assume responsibility for the care of her daughter. While the transition for Angela to having mother serve as her sole guardian may be difficult for Angela, the parties are encouraged to continue to allow Angela to benefit from the continued help and support of maternal grandmother which Angela has been fortunate to receive throughout her life.
For the reasons set forth above, the court grants the motion for transfer of guardianship and finds that sole guardianship with Crystal is in the best interest of Angela. It will be important that grandmother and mother work together to provide as smooth a transition as possible for Angela. The court also encourages mother to take advantage of the support offered by grandmother.
The court notes that if mother continues to live with grandmother, there really should be no significant disruption for Angela. Obviously, if mother moves out of grandmother's home with Angela and Amber, it will be important for mother and grandmother to make the transition as smooth as possible for Angela.
Thus, for all the reasons set forth above, the court grants the motion for sole guardianship to mother and finds that Crystal L. is a suitable and worthy guardian.
So ordered this 23rd day of March,2004.
Jongbloed, J.