Palmieri v. Palmieri

• Decision Date: 13 July 1976
• Citation: Palmieri v. Palmieri, 171 Conn. 289, 370 A.2d 926 (Conn. 1976)
• Court: Connecticut Supreme Court
• Parties: Kenneth R. PALMIERI v. Amelia L. PALMIERI.

Page 926

370 A.2d 926

171 Conn. 289

Kenneth R. PALMIERI v. Amelia L. PALMIERI.

Supreme Court of Connecticut.

July 13, 1976.

Stephen Wizner, New Haven, with whom were Mary F. Keller, New Haven, and, on the brief, Dennis E. Curtis, New Haven, for appellant (defendant).

Robert N. Schmalz, New Haven, for appellee (plaintiff).

Gerald H. Kahn, New Haven, for minor children.

Before HOUSE, C.J., and LOISELLE, BOGDANSKI, LONGO and BARBER, JJ.

PER CURIAM.

This is an appeal from a judgment of the Superior Court rendered by a trial referee sitting as a court. The sole issue on the appeal is whether the court abused its discretion in this proceeding for the dissolution of a marriage in awarding to the plaintiff father custody of the two minor children of the parties without any right of visitation being granted to the defendant-appellant mother.

The finding of the court, as well as its memorandum of decision, clearly indicates that the court fully realized the drastic nature of its decree and the result of its conclusion that the best interest and welfare of the minor children warranted that the defendant mother be denied custody and rights of visitation and that the plaintiff father be awarded sole custody. The evidence printed in the appendix to the plaintiff's brief, including the reports and recommendations of two trained social psychiatric workers, the family relations officer of the Superior Court and the attorney appointed by the court to represent the interests of the children, more than amply supports the findings and conclusions of the court. In addition, of course, the court had the important benefit of observing the parties and hearing their testimony with respect to the children.

' We have consistently held in matters involving child custody that while the rights, wishes and desires of the parents must be considered it is nevertheless the...