42 Conn. App. 583 | Conn. App. Ct. | 1996
The defendant, Noreen Bums-Brubeck, appeals from the trial court’s judgment denying
The trial court found the following facts. In 1984, the trial court dissolved the marriage of the defendant and the plaintiff, Christopher Brubeck. Pursuant to an agreement of the parties, the trial court granted joint legal custody of their minor child with the residence of the child to be with the defendant. In 1988, in response to the plaintiffs ex parte application, the court granted temporary sole custody of the child to the plaintiff. In 1990, after a full hearing on the plaintiffs motion to modify custody and visitation, the trial court granted the plaintiff sole custody of the child and the defendant visitation rights. In 1992, the defendant filed a motion to modify the orders rendered by the trial court in 1990. After a contested hearing, the court denied the defendant’s motion to modify, and it is from that denial that the defendant appeals.
I
The defendant first claims that the trial court improperly failed to order joint custody of the minor child. The following facts are necessary for the resolution of this issue. Subsequent to the dissolution of the marriage, the defendant became afflicted with the disease of alcoholism. While the defendant sought treatment, the plaintiff became the sole custodian of the child pursuant to the court orders rendered in 1988 and 1990. After completing her treatment, the defendant moved the trial court to restore her as a joint custodian of the child.
The defendant claims that the only relevant change in circumstance that existed in the prior modification orders was that the defendant became disabled. She claims that because she recovered from that disability, the trial court should have reinstated joint custody.
A review of the trial court’s 1990 memorandum of decision granting custody to the plaintiff does not support the claim that the sole reason for the trial court’s decision was the defendant’s disability. The trial court did not reach its custody decision based on the defendant’s alcoholism or on the defendant’s clinical depression, although it found that the defendant’s actions resulting from these conditions contributed to disruption in the child’s life. After reviewing the reports and the testimony, the trial court concluded that the child had adapted well to living with his father and his “intelligent and caring” stepmother. The court further found that the plaintiff was the more stable parent and that it was in the best interests of the child that the plaintiff have sole custody.
In support of the present motion for joint custody, the defendant argued that she had met all the require
The sole question is whether the trial court abused its discretion in deciding that the best interests of the child would be served by allowing custody to remain with the plaintiff. “The trial court had the advantage of observing the witnesses and the parties. Considerable evidence was presented concerning the activities of the parties since [the prior modification of custody]. In circumstances like these, whether the best interests of the [child] dictate a change of custody is left to the broad discretion of the trial court. Joy v. Joy, 178 Conn. 254, 257, 423 A.2d 895 [1979]; Stewart v. Stewart, supra
II
The defendant next argues that the trial court violated the Americans with Disabilities Act in arriving at its custody orders. The defendant contends that if one loses custody of a minor child as a result of a disability, the Americans with Disabilities Act requires that the trial court restore custody once the disability has abated. The defendant also contends that the trial court’s decision denying the motion for a restoration of joint custody was unconstitutional under the supremacy and equal protection clauses of the federal constitution.
The defendant argues that because she is a recovering alcoholic, she is a disabled person under the Americans with Disabilities Act, and that the act, as federal legislation, preempts the field regarding the treatment of disabled persons in both the private and public sectors. Furthermore, she contends that the act prevents the court from discriminating against her by using the state standard of the best interests of the child, rather than the automatic restoration of joint custody of the minor child. She claims that discriminating in this manner is a violation of the act and a violation of her constitutional rights.
The judgment is affirmed.
In this opinion the other judges concurred.