Crafting a fair and balanced plan for raising children after the end of a marriage or relationship can be challenging. Fortunately, Connecticut law provides ways for you and your co-parent to adjust the custody arrangements to fit changing circumstances or safety concerns. By filing a motion to modify, you can put the court on notice that the current agreement is not working and request a corresponding shift in its terms.
And you do not have to do this alone. A Southbury child custody modification lawyer at our office stands ready to meet with you and review your options for establishing a new parenting plan that best supports your child and lifestyle. Our reputable child custody attorneys have ample experience in this field and will guide you through this process.
As Connecticut General Statutes § 46b-56 and 46b-56a explain, there are a couple of different ways for the court to sort out questions of custody. While the default presumption is that both parents can—and should—be involved in the children’s upbringing, there are times when this is inappropriate. For example, if there are safety concerns or the parent moves a lot for work, this may not be a suitable environment for the children to live in for the long term.
Additionally, the court can distribute parental responsibility between both parents in many ways. For example, one parent may be the designated person for providing housing, food, and daily needs while both parents share decision-making and the financial cost for things like healthcare and education. Regardless of the arrangement the parents start with, the court may decide to modify it if a change in circumstances puts the children in danger or makes it unduly burdensome or impossible for one person to carry out their part in the plan.
For example, if one parent moves in with a paramour who is abusive or has a dangerous drug problem, it may be necessary to modify the custody order to protect the children’s welfare. Likewise, if the custodial parent gets a new job that requires them to travel out of state frequently, changing the parenting plan would also make sense. A parent who believes that a custody modification may be appropriate can benefit from consulting an attorney in Southbury who can answer their questions and provide concrete advice.
When one or both parents decide to modify their parental responsibility plan, they have a couple of options for how to accomplish this. Depending on their situation, they may qualify to participate in out-of-court proceedings, such as mediation. These programs give the parents a neutral and mediated platform to discuss their preferences and beliefs about what should happen, with the end goal of creating a new custody plan to present to the judge for approval.
If the parents are unable to reach a solution, going straight to court by filing a custody modification lawsuit—with or without the help of a Southbury lawyer—may be appropriate instead. During this process, the judge may ask questions about the current arrangement, the need for the change, and what the parents believe would make the most sense. As with the initial custody determination, the court may also consider what it thinks to be the best interests of the children when deciding how to proceed.
When life changes, and the current child custody arrangement is no longer suitable, asking the court to modify it formally may be necessary. Doing so can allow you, your children, and your co-parent to create a new plan that is fair and balanced and fosters your children’s abilities to grow and thrive.
At our firm, we are fierce advocates for children and parents as they move through these unfamiliar territories of co-parenting after a divorce or breakup. Reach out to a respected Southbury child custody modification lawyer on our team to schedule a no-obligation consultation.
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