Reply to Jennifer Dulos - Connecticut mom of 5 missing

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]People have this sweet ideas about child custody based on what they have seen in the movies. For example, many believe that just because they write in their will they want a specific person to get custody upon their death, that's how the custody goes.  Nope, the judge decides and it goes by degree of relationship to the parent, age, financial means, ability to supervise the children, mental and physical capacity, etc. If the parents are divorced, unless the court has stripped the non custodial parent, that spouse will get immediate custody. Also, it does not matter whether the person petitioning for custody lives in Greece. At a minimum Gloria will be required to sent the children for two months vacation to Greece and on holidays and she will have to pay for it. She will also be required to provide full information about their educational and medical activities to the aunt. If Gloria dies, the custody hearing opens again, if she is awarded custody now. The aunt has a very good chance to get physical custody if she applies for it because Gloria is over 80 years old and was so hostile towards their dad.  If it is true that Gloria also had psychiatric treatment, that will also count against her.  That's the law, sorry.[/quote]

Haha. This is hilarious and not how it works at all. Non-parents do not have visitation rights. And a US court is not going to send US children abroad when there is a viable US option. But keep posting your fantasies, they are very entertaining.[/quote]

Yes they do, especially when either of the parent is dead the visitation is transferred to a grandparent or sibling. In this case both parents are dead and Gloria has been hostile to the other parent. Whether the there is a viable option -and Gloria wont be viable by any court - US courts had  sent children to live overseas. This is not Iran, that's not how US law works. The USA is a signatory of both parts of the Hague convention and as such it has nothing with citizenship of the child but the court that has jurisdiction of the child and despite Gloria's attempts to move the case to NY, the custody will be adjudicated in CT and the judge will decide who will get custody. The courts even allow for the parent to move overseas with the kids. Here we do not even have a parent. I remind you that US courts sent Elian Gonzalez back to Cuba. So many cases, Kelly Rutherford, the gossip girl, Sarah Kurtz, just a few recent cases in the news where the US courts sent us citizen children who had lived all their lives here to live permanently overseas. The law in CT allows visitation rights to be granted to "any person" Roth v Weston (2002). Actually, even if a child has been adopted, the biological grandparent has the right to get visitations. Tha'ts straight from the CT court about visitation rights of non-parents.  https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/RightsofGrandparents/Grandparent.pdf[/quote]

You seriously did not even read your own link.  No grandparent or third party has visitation "rights" in Connecticut.  They have a right to petition for visitation.  Grandparents and other third parties who can establish that they had a "parent-like" relationship with a child can petition the court for visitation.  The fact that the children may have occasionally vacationed with their aunt does not demonstrate that they had a "parent-like" relationship.

You are also completely misreading the mention of grandparent visitation in the case of adoption.  There is no right of biological grandparents to petition for visitation for their biological grandchildren who have been adopted.  The mention of adoption merely clarifies that grandparents of ADOPTIVE children and grandchildren may petition just as biological grandparents may do.  But if a grandparent's child relinquishes their child for adoption, the legal tie is severed from both first parent and first grandparent.[/quote]

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