If you are a parent separating from your partner, legal and physical custody of your shared children is likely one of your primary concerns. Whether or not you were married to your partner when your child was born, both parents have legal rights and obligations that can be exercised.
Child custody disputes can be highly emotional, as parents cherish their relationships with their children. Our dedicated family law attorneys understand the gravity of these types of cases and are prepared to stand up for your parental rights. Reach out to a Connecticut child custody lawyer today to gain a steadfast legal advocate.
There are two types of child custody—physical and legal. Physical custody pertains to the child’s living arrangements. In a shared physical custody arrangement, the child will switch between living with each parent.
When one party has primary physical custody, the other parent typically gets visitation. The exact parenting schedule will ultimately be decided by a judge, who will consider what is in the child’s best interests.
Legal custody relates to the parents’ rights to render important decisions about the child’s religion, education, health care, and other life issues. Typically, there is a presumption that it is in the child’s best interests for parents to have joint legal custody unless one parent is otherwise shown to be unfit.
Parties believing they should have sole legal custody may refute this presumption by providing evidence that the other parent’s involvement would be detrimental to the child. A skilled local attorney can represent parents in their pursuit of joint legal or primary physical custody.
Although the court has the final say in child custody matters, parents may negotiate a proposed parenting plan. A legally binding agreement can be merged into a court order.
Connecticut courts use the child’s best interest standard when ruling on custody and support. The courts evaluate several statutory factors when determining the child’s best interest in a custody case. Typical considerations in a disputed case include:
Parents who wish to draft a proposed parenting plan for child custody and support should work with a knowledgeable attorney in Connecticut who can ensure it is legally sound.
As a lawyer could further explain, under Connecticut law, couples who are in the process of separating or divorcing and have minor children must attend a parenting education class related to custody soon after filing their case. This class is meant to teach parents how to help their children adjust to life post-divorce.
Custody battles are emotionally taxing and legally complex. Everyone wants what is best for the child, but it is often difficult to agree on what that is. If you are currently in negotiations with your former partner, call a Connecticut child custody lawyer today. Our firm has the resources you need to succeed in your case.
By: Thibodeau A.
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