The law requires that any legal decision directly affecting a child be based on the child’s best interest. Parents should understand this concept and how judges evaluate a child’s best interest.
Judges consider various factors when determining the best interests of the child in Fairfield. Work with an experienced child custody attorney for guidance on ensuring your desired outcome meets the best interest standard.
Judges have broad discretion to consider whatever information seems important to them when deciding a child’s best interests. However, Connecticut General Statutes § 46b-56(c) lists multiple factors a judge will consider.
The judge could consider the ages, temperaments, and needs of each child. The parents’ health, temperaments, and ability to respond to each child’s specific needs could be important. Other factors a judge might consider include:
A judge also can consider any history of domestic violence or child abuse within the family.
Although judges can consider any information they deem relevant or helpful and give it whatever weight they choose, Connecticut law contains some presumptions that can influence determining best interests. For example, if the parents request joint physical and legal custody, the law presumes joint custody is in the children’s best interests unless there is evidence otherwise. A custody attorney in Fairfield could advise a parent whether a legal presumption might impact their specific case.
Judges sometimes seek more information when parents cannot agree on what is best for their children. This is common in custody disputes where each parent may present a markedly different opinion about their children’s welfare.
A Guardian ad Litem (GAL) is usually an attorney or mental health professional with special training in family law and child development issues. A court can appoint a GAL to visit the parents’ homes and speak with the parents, children, and other people with relevant information. The GAL submits a report to the court with their recommendations about the outcome that would serve the children’s best interests. Judges need not follow the GAL’s recommendation, but often give it considerable weight.
Judges sometimes appoint an Attorney for the Minor Child (AMC). The AMC advocates for a child’s opinion about what should happen and protects their legal rights. A parent’s Fairfield attorney could ask a court to appoint an AMC, but the judge can appoint one whenever they feel the child should have representation in a dispute between the parents. AMCs usually represent older children.
Families are better served when parents can cooperate to develop a parental responsibility plan and make modifications when needed. Doing so spares everyone the stress, delay, and expense of a court battle. Importantly, it also reinforces to the children that their parents prioritize their welfare and will work together to meet their needs.
Parents should consider the elements judges consider when negotiating a parental responsibility plan. Even the most loving parents sometimes conflate their needs with their children’s or assume that if they are happier or more fulfilled, their children will be, too. That is not always the case.
Even when parents agree on a plan, a judge must review it to ensure it furthers the children’s best interests. A parent can work with a Fairfield lawyer to consider every aspect of the plan before submitting it to the judge, enhancing the likelihood that a judge will agree it is in the children’s best interests.
The children’s best interests must be a judge’s priority when making decisions that affect children. Parents should learn how a judge evaluates a child’s best interests and always keep the standard in mind.
Contact an experienced custody attorney in Fairfield today to discuss determining the best interests of the child.
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