If you believe your child’s other parent is unfit to raise them, you might consider seeking full custody through a divorce or custody action. Depending on the circumstances, having sole legal custody and primary physical custody of your child could protect them from your former partner’s irresponsible or dangerous behavior.
Obtaining full custody in a Connecticut child custody case is not easy. You will need the help of a determined lawyer familiar with all the legal statutes and jurisprudence related to your case. Get in touch with an experienced attorney to improve your chances of succeeding in court.
Child custody consists of legal and physical custody. Legal custody is the ability to make major life decisions for the child, and physical custody is where the child resides primarily. Obtaining full custody would mean receiving sole legal custody and primary physical custody.
When awarding legal custody, the court reviews all the facts of the case to ensure both parents are fit to raise the child. It would take a significant amount of evidence to prove one parent should have sole legal custody. However, if successful, the parent with sole legal custody would not have to consult with the other parent when making significant life decisions for the child.
When ruling on physical custody, the court will examine each party’s living situation to determine where the child should reside. The court will always consider the child’s best interests when making these decisions.
If one parent is awarded primary physical custody, they would be responsible for housing and caring for the child on a regular basis. The other party would receive visitation.
When both parties in a custody case are healthy and capable of parenting, the court generally finds that it is in the child’s best interests to have a relationship with both parents. Consequently, it is common for the court to award parents joint legal custody and shared physical custody.
To obtain sole legal and primary physical custody with limited or supervised visitation, a Connecticut parent would have to prove the other party is completely unfit to parent. Potential issues that may demonstrate an inability to raise a child include:
In cases involving drug or alcohol abuse, any visitations with the child would be supervised. Parents without stable living situations would likely not be allowed overnight visitation rights.
When fighting for full custody, it is not enough to claim the other party is an unfit parent. One must gather evidence proving their parental involvement would harm the child. Demonstrating the other party’s substance abuse issues, criminal record, or homelessness might involve issuing subpoenas to obtain documents or have witnesses testify before the judge.
If you are seeking full custody, it is best to work with a skilled lawyer on your case. Our legal team can help you secure all the necessary witnesses and evidence to prove the other party is unfit to parent. Contact our firm today for help obtaining full custody in your Connecticut child custody case.
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