Siblings aim to change child custody law

Cyril Gutzman, 10, left, and his sister, Marika, 12, of Bethel, hold a poster that Marika made reflecting a state law that she is trying to put into place that will allow children in custody battles to talk to a judge in chambers about which parent they want to live with. Trianna is their 13-year-old sister, who is not pictured. Thurs. Oct. 7, 2010. less Cyril Gutzman, 10, left, and his sister, Marika, 12, of Bethel, hold a poster that Marika made reflecting a state law that she is trying to put into place that will allow children in custody battles to talk to ... more Photo: Lisa Weir Photo: Lisa Weir Image 1 of / 6 Caption Close Siblings aim to change child custody law 1 / 6 Back to Gallery

BETHEL -- Three Bethel siblings want to change the law so children over age 12 have a stronger voice in custody disputes.

Trianna, Marika and Cyril Gutzman plan to bring their petition to state legislators for what they call "Trianna's law."

Trianna, 13, is a freshman at the Kent School in Kent. Marika, 12, is a seventh-grader at Bethel Middle School and Cyril, 10, is a fifth-grader at Johnson School.

The Gutzman children believe that children can better represent their own needs than the attorney who speaks on their behalf. Their parents, Alexis Kaiser and Kevin Gutzman, share joint custody.

Trianna came up the idea of a petition last spring, but only recently started getting signatures.

"I'm very happy people are so positive to change the law. I wouldn't have thought to do this if I hadn't seen the movie `Gandhi,' " Trianna said. "He gave me the inspiration to make the change. He said, `Be the change you want to be in the world.' "

The petition supports the idea that children over the age of 12 could meet with the judge to discuss their wishes in a disputed custody case. As it is, an attorney is hired or appointed as a guardian ad litem by the court to represent and protect the interests of a minor. The attorney talks to the child(ren) and then to the judge.

"I think there are plenty of kids in Connecticut who have the same problem and wish they had a say," Trianna said.

More Information About the petition Bethel siblimgs Trianna, Marika and Cyril Gutzman have submitted a petition to allow: Children ages12 and older direct access to judge in custody case. Minor children's wishes are now represented by attorney.

Marika has adopted the petition as her community service project.

"I'd like to see a new law so young kids don't even need a guardian," she said. "I'm happy with what's going on, so far. People have been very supportive."

She said she believes children need a bigger voice in custody issues.

"We have a little power to change what's going to happen, so we want to help all the other kids, too," she said.

Attorney Sharon Dornfeld, who is the court-appointed attorney or guardian ad litem for the Gutzman children, would not speak specifically about the family, but said the children's activism was good civic behavior.

Custody laws vary by state.

"As a general matter, the system is in place to shield children as much as possible from getting involved in their parents' custody disputes, but in large part, it's exceedingly difficult," said attorney Eva DeFranco, of the Danbury firm of Collins, Hannafin, Garamella, Jaber and Tuozzolo.

"The kids understand conflict, whether it's explicit or not," she said. "That's why the guardian ad litem or an attorney is appointed for the minor children."

Connecticut state law spells out many of the considerations that ought to be taken into account when determining custody of the children, she said.

"If a child is mature enough to articulate a decision, then that should be taken into account with all the other panoply of issues," DeFranco said. "Very clearly in this state, it is not seen as a desirable practice to have kids testify in any custody battle. In fact, I think most mental health practitioners would agree it could have an irrevocable emotional effect on a child."

Though a child might want to speak to a judge, DeFranco said she thinks it could cause problems in the future.

"Presumptively, it's best for them to have a meaningful relationship with both dad and mom," she said, and by testifying against one parent, the ability to repair an alienated relationship would be that much more difficult.

Attorney Neil Marcus, who has worked with guardians on cases, believes that inherent in the law is the child's access to a judge, even if it is rarely applied.

But protecting the child's rights is paramount to the courts, he said.

Thirty years ago, the court rarely appointed a guardian for a minor. Now the court always does because it is careful to protect the interests of the child, Marcus said. In a criminal proceeding involving a child under 18, the court requires a parent or guardian to be appointed to oversee the interests of the minor.

Marcus said in the instance in which the guardian is not the right fit for a child, he still did not think a minor child could represent himself effectively without counsel.

"The rules of practice in family court are not that simple that a 12-year-old could zip right thought them," Marcus said.

The three Gutzmans said that they hope that if they collect a lot of signatures, state legislators would listen to them and allow children to talk directly to a judge.

"It's not like we speak a different language," Marika said. "I would go to see a judge myself and tell the judge what I want. I know what's best for me. I'm sure if a judge talked to me, I would get what I want."

Contact Eileen FitzGerald

at 203-731-3333.