Deciding on child custody arrangements is often the most challenging aspect of a parent’s separation. Developing a parenting plan can take time, especially when the co-parents disagree on most factors. You need to work with a lawyer familiar with common custody issues in Fairfield.
A compassionate child custody attorney understands the law and the way judges apply it to these matters. They can provide calm and effective guidance throughout the process.
When parents live apart, Connecticut General Statutes § 46b-56a requires them to submit a parental responsibility plan, often called a co-parenting or parenting plan, to the court. Ideally, parents cooperate to create a plan that supports their children and is workable for their family. However, many disagreements commonly arise, so it is important for parents to consult a Fairfield attorney for assistance with creating the plan.
The plan must cover legal custody, which authorizes someone to decide on significant issues like healthcare, education, and religion. Parents can designate one parent to have full legal custody, share legal custody, and decide on all matters together, or designate one parent to handle specific problems and the other to handle others.
Physical custody refers to where a child physically resides. In general, the law in Connecticut supports physical custody arrangements that allow both parents to have substantial time with the children. Many parents decide on shared physical custody, which allows each parent roughly equal time with the children.
A judge must review the parental responsibility plan and determine whether it supports the children’s best interests. Even when parents agree on a plan, it is subject to the judge’s independent review. When parents do not agree, the judge will require each to submit their preferred plan and will choose between them or impose a different plan.
Divorce or a breakup can cause anger or bitterness between parents, and sometimes those feelings lead a parent to seek sole physical or legal custody or both. Judges sometimes award sole custody to one parent, but they only do so when convinced the other parent is unfit.
One parent seeing the other as unfit to raise children is another common issue in these cases. The parent desiring sole custody should consult an experienced Fairfield custody lawyer. They can explore why the parent thinks sole custody is best for the children and the evidence that the co-parent is unfit, and advise them if it is a viable pursuit.
Even when a parent can prove the co-parent is irresponsible or unable to provide a safe environment for the children, judges try to preserve the parent/child relationship to the extent possible. For example, a judge might order that a third party be present at visits to supervise and ensure the parent is behaving appropriately and the children are safe.
Only legal parents have custody rights in Connecticut. When a couple has a baby but never married, the mother is the child’s only legal parent unless the father was added to the birth certificate. A father who wants the right to pursue custody must first establish his paternity.
A father gains legal parental rights by completing an Acknowledgement of Paternity with the child’s mother and filing it with the Bureau of Vital Statistics. A common issue that can come up in this case is when one of the parents refuses to sign the form. If this occurs, the parent wanting to establish paternity can seek help from a Fairfield attorney to bring a court petition asking a judge to issue a parentage order. In most cases, paternity cases may require a genetic test.
Parents in same-sex relationships also must consider each partner’s legal rights as a parent. When a couple adopts a child or a partner adopts the biological or adopted child of the other partner, both partners have legal parental rights. When the couple uses surrogacy or other means to have a child, the non-biological parent should file a Certificate of Parentage to establish their role as the child’s legal parent and gain the right to custody if the parents end their relationship.
Child custody disputes trigger strong emotions. Establishing a successful co-parenting arrangement can be challenging even when parents are on the same page about custody issues.
Working with a skilled attorney can help you manage the common custody issues in Fairfield. Contact our office to schedule a consultation and get started today.
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