IN RE LEO L. et al.[*]
Argued
May 13, 2019.
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[Copyrighted Material Omitted]
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Appeal
from the Superior Court in the judicial district of
Middlesex, Child Protection Session, where the court, Woods,
J.
Christopher
DeMatteo, New Haven, for the appellant (intervenor).
Evan
ORoark, assistant attorney general, with whom, on the brief,
were William Tong, attorney general, Clare Kindall, solicitor
general, and Benjamin Zivyon, assistant attorney general, for
the appellee (petitioner).
Elgo,
Moll and Norcott, Js.
OPINION
MOLL,
J.
[191
Conn.App. 135] The intervening grandfather, Eugene L.
(intervenor), appeals from the judgment of the trial court
denying his motion to transfer the guardianship of his two
minor grandchildren, Leo L. and Dakota F.H., to himself and
his fiancée, Crystal H. On appeal, the intervenor
contends that the court erroneously determined that the
transfer of guardianship would not be in the childrens best
interests and, thus, abused its discretion in denying his
motion. We disagree and, accordingly, affirm the judgment of
the trial court.
[191
Conn.App. 136] The following procedural history and facts, as
set forth in the trial courts memorandum of decision, are
relevant to our disposition of the intervenors claim. Leo L.
and Dakota F.H. are the children of Monique L., and the
intervenor is their maternal grandfather. On August 4, 2016,
the children were committed to the care and custody of the
Department of Children and Families (department) upon being
adjudicated neglected. Shortly thereafter, on August 10,
2016, they were placed with nonrelative foster parents in
whose care they have remained.
In
September, 2017, the department changed its plan for the
children from reunification with their mother to the
termination of parental rights and eventual adoption. On
September 27, 2017, after the intervenor had learned of the
departments intentions, he successfully moved to intervene
in the case. On December 21, 2017, Monique L. consented to
the termination of her parental rights with respect to the
children.[1] On January 8, 2018, pursuant to
Practice Book § 35a-12A,[2] the intervenor
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[191 Conn.App. 137] moved to transfer guardianship of the
children to himself and Crystal H. Following a four day trial
during the period of February to June, 2018, the trial court
issued a memorandum of decision denying the motion on the
basis that, while the intervenor and his fiancée might
be suitable and worthy guardians, the ...