Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. - Connecticut Statutes

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Statutes > Connecticut > Title46b > Chap816 > Sec46b-219

      Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. No person shall be liable under any provision of the general statutes for the support of a parent who wilfully deserted such person continuously during the ten-year period prior to such person reaching his majority. For the purposes of this section, wilful desertion means total neglect of parental responsibility in failing to provide reasonable support and care within the financial capability of the parent. Any person claiming the provisions of this section as a defense shall have the burden of proof of such wilful desertion.

      (1957, P.A. 475.)

      History: Sec. 17-326 transferred to Sec. 46b-219 in 1979.

      Annotations to former section 17-326:

      Cited. 31 CS 271. Cited. 33 CS 769. Cited. 34 CS 284.

      "Wilful desertion" means intentional desertion; parental responsibility is obligation to furnish protection, education and support. Where defendant's mother was divorced by his father with whom he lived and, despite her history of alcoholism and drug addiction, she attempted to obtain his custody on several occasions, trial court could conclude there was no desertion under this statute. 4 Conn. Cir. Ct. 643.

State Codes and Statutes

Statutes > Connecticut > Title46b > Chap816 > Sec46b-219

      Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. No person shall be liable under any provision of the general statutes for the support of a parent who wilfully deserted such person continuously during the ten-year period prior to such person reaching his majority. For the purposes of this section, wilful desertion means total neglect of parental responsibility in failing to provide reasonable support and care within the financial capability of the parent. Any person claiming the provisions of this section as a defense shall have the burden of proof of such wilful desertion.

      (1957, P.A. 475.)

      History: Sec. 17-326 transferred to Sec. 46b-219 in 1979.

      Annotations to former section 17-326:

      Cited. 31 CS 271. Cited. 33 CS 769. Cited. 34 CS 284.

      "Wilful desertion" means intentional desertion; parental responsibility is obligation to furnish protection, education and support. Where defendant's mother was divorced by his father with whom he lived and, despite her history of alcoholism and drug addiction, she attempted to obtain his custody on several occasions, trial court could conclude there was no desertion under this statute. 4 Conn. Cir. Ct. 643.

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State Codes and Statutes

Statutes > Connecticut > Title46b > Chap816 > Sec46b-219

      Sec. 46b-219. (Formerly Sec. 17-326). No liability for support of deserting parent. No person shall be liable under any provision of the general statutes for the support of a parent who wilfully deserted such person continuously during the ten-year period prior to such person reaching his majority. For the purposes of this section, wilful desertion means total neglect of parental responsibility in failing to provide reasonable support and care within the financial capability of the parent. Any person claiming the provisions of this section as a defense shall have the burden of proof of such wilful desertion.

      (1957, P.A. 475.)

      History: Sec. 17-326 transferred to Sec. 46b-219 in 1979.

      Annotations to former section 17-326:

      Cited. 31 CS 271. Cited. 33 CS 769. Cited. 34 CS 284.

      "Wilful desertion" means intentional desertion; parental responsibility is obligation to furnish protection, education and support. Where defendant's mother was divorced by his father with whom he lived and, despite her history of alcoholism and drug addiction, she attempted to obtain his custody on several occasions, trial court could conclude there was no desertion under this statute. 4 Conn. Cir. Ct. 643.