Standard Of Harm

Standard Of Harm Legal Definition

Standard Of Harm in Connecticut

The harm alleged in a third party custody petition arises from the fundamental nature of the parent-child (see Children Protection in Connecticut) relationship, which may be emotionally, psychologically or physically damaging to the child. Consequently, in light of the fact that a third party custody petition directly challenges the overall competence of the parent to care for the child, the standard employed to protect the liberty interest of the parent must be more flexible and responsive to the child’s welfare than the standard applied in visitation cases, in which the underlying parent-child (see Children Protection in Connecticut) relationship is not contested. McDermott v. Dougherty, 385 Md. 320, 353-354, 869 A.2d 751 (2005). Cited in Fish v. Fish, 285 Connecticut 24, 47 (2008).

Note: Definition based in the Connecticut Judicial Branch Family Glossary