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Appeals court hears challenge to permanent custody order after mother’s travel and return
Summary
In oral arguments on docket 25P0623, appellant counsel argued the trial court relied on past conduct rather than the mother’s fitness at the October 1, 2024 trial; the Department of Children and Families urged affirmance, citing repeated abandonment and safety concerns.
An appellate panel heard oral argument in docket 25P0623 over whether the trial court had clear and convincing evidence that a mother was currently unfit at the October 1, 2024 trial, a finding that led to permanent custody for the Department of Children and Families (DCF). Appellate counsel Tamika O'Brien told the panel: "The answer is no," arguing the judge focused on past conduct rather than the mother's fitness at trial.
O'Brien, representing the appellant mother, told the court she did not challenge the trial judge's factual findings but said those findings described past behavior and did not establish current unfitness. She said the mother returned from Nigeria in August 2024, began services in…
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