Connecticut Child Custody & Visitation Attorney

Child Custody in Connecticut; How to get the Custody or parenting time order that you want.

If a court has not yet issued any orders concerning the custody or visitation of the child, then the law presumes that both parents have equal custody rights. Thus, before a divorce case has been started, both parents have an equal right to access to the children and to make legal decisions concerning their children. When the parents cannot agree on visitation or on legal decisions for the children, then that is when they have to come to court to get an order. When custody or visitation is disputed, that is when people seek orders of the Court to determine these issues. 

I often begin discussing these issues by defining legal custody versus physical custody.   Legal custody refers strictly to the legal authority to make legal decisions for the children such as for medical care, education and religious upbringing.  Physical custody refers to which parent has the children with them at any particular time.   Physical custody determinations often involves creating a schedule of what times and days the children will be with each parent, which usually referred to as the parenting plan.

Connecticut Superior Court has jurisdiction to make orders concerning the custody and parenting time of the children for divorcing couples as well as parents who have never been married. The courts will use the standard of "What is in the best interest of the child" to make such a determination. While the courts may hear arguments concerning the conduct of the parents during marriage, the courts will only consider those arguments to the extent that they relate to the health and well being of the children.

How does a Court determine what is in the best interests of the children?   First, if the parties agree to joint custody, then the Court is bound by statute to presume that joint custody is in the best of interests of the children.  If the parties cannot agree, then the court looks to numerous factors to consider in determining what is in the best interest of the children.  These factors are articulated at Connecticut General Statutes Section 46b-56(c), to wit:

1. The physical and emotional safety of the child;

2. The temperament and developmental needs of the child;

3. The capacity and the disposition of the parents to understand and meet the needs of the child;

4. Any relevant and material information obtained from the child, including the informed preferences of the child;

5. The wishes of the child's parents as to custody;

6. The past and current interaction and relationship of the child with each parent, the child's siblings and any other person who may significantly affect the best interests of the child;

7. The willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;

8. Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;

9. The ability of each parent to be actively involved in the life of the child;

10. The child's adjustment to his or her home, school and community environments;

11. The length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child's family home pendente lite in order to alleviate stress in the household;

12. The stability of the child's existing or proposed residences, or both;

13. The mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;

14. The child's cultural background;

15. The effect on the child of the actions of an abuser, if any domestic violence, as defined in section 46b-1, has occurred between the parents or between a parent and another individual or the child;

16. Whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and

17. Whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b.

Please note that the court is not limited to just these factors or to give more weight to any one factor than any other.   This is especially true in considering the wishes of the children.  For while the Court will consider their wishes, adults have to make the final decisions concerning what is in the best interests of the children.

When custody or visitation is disputed, the court will likely order that a study be done by the Family Services which works for the Connecticut Judicial Branch or by a Court appointed Guardian Ad Litem. The Court is not required to make an order in accordance with the findings of the Family Relations study or the guardian ad litem.

Divorce cases that involve custody or visitation are usually some of the most difficult and contentious of all divorce cases. These cases involve marshalling all of the facts of your case, and bringing them forth to the Court in a manner that makes the Court feel that your goal for a custody or parenting order is what is in the best interest of the children. If you are truly seeking sole custody or limited visitation of the child by the other parent, then you must seek the assistance of an attorney immediately. Normally, a court will presume that it's in the best interest of a child for both parents to have liberal involvement in the child's life. Therefore, to get a court to make an order of sole custody or limited visitation requires extensive work to build such a case. Attorney Kevin L. Hoffkins has extensive experience building such cases for his clients. He also has extensive experience working through the process with the Family Relations staff who investigate these cases.

Connecticut Superior Court has jurisdiction to make orders concerning the custody of the children of divorcing couples. The courts will use the standard of "What is in the best interest of the child" to make such a determination. While the courts may hear arguments concerning the conduct of the parents during marriage, the courts will only consider those arguments to the extent that they relate to the health and well being of the children.

If a court has not yet issued any orders concerning the custody or visitation of the child, then the law presumes that both parents have equal custody rights. Thus, before a divorce case has been started, both parents have an equal right to access to the children and to make legal decisions concerning the child. When the parents cannot agree on visitation or on legal decisions for the children, then that is when they have to come to court to get an order. When custody or visitation is disputed, the court will likely order that a study be done by the Family Relations staff which works for the Connecticut Judicial Branch. The Court is not required to make an order in accordance with the findings of the Family Relations study.

Divorce cases that involve custody or visitation are usually some of the most difficult and contentious of all divorce cases. These cases usually bring out the strongest emotions in litigants. If you are truly seeking sole custody or limited visitation of the child by your spouse, then you must seek the assistance of an attorney immediately. Normally, a court will presume that it's in the best interest of a child for both parents to have liberal involvement in the child's life. Therefore, to get a court to make an order of sole custody or limited visitation requires extensive work to build such a case. Attorney Kevin L. Hoffkins has extensive experience building such cases for his clients. He also has extensive experience working through the process with the Family Relations staff who investigate these cases.