Parents who are divorcing or living apart must make many decisions regarding co-parenting their children, primary of which is deciding how to allocate legal custody. Legal custody is the right to make major life decisions for your children, such as decisions regarding their education, health and religion. Comparatively, day-to-day decision-making, such as meals and bedtime, always fall to the parent who has physical custody of the children.
All decisions regarding children, including legal custody, must support the children’s best interests. When you and your co-parent are having trouble deciding issues regarding legal custody in Fairfield, we can help. Contact one of our dedicated child custody attorneys today.
Parents have substantial influence over their children’s upbringing. Matters like the healthcare services they receive, where they attend school, whether they have an individualized education plan (IEP), and whether they receive religious education or attend services can have a profound impact.
The Fairfield parent with legal custody has the authority to make these kinds of decisions for their child. Because they can be so influential, the law favors joint legal custody for parents who do not live together, even when one parent has primary physical custody.
There is a presumption in the law that parents do a better job when they work together to make important decisions. The law also presumes that children benefit from the influence of both parents. Parents with joint or shared legal custody can make decisions on all important issues together, or they can designate one parent to have authority over education, for example, and the other to have authority over healthcare or religion.
Although there is a presumption in favor of joint legal custody, sometimes a parent is not suited for parental decision-making. In those cases, the other parent could argue for sole legal custody. A parent considering seeking sole legal custody should first discuss the matter with a Fairfield attorney to determine whether they have adequate grounds for the request.
A parent seeking sole legal custody over the objection of the other parent must prove the other parent cannot be trusted to make important decisions for the children. This often means proving the parent is suffering from a physical or mental illness, or otherwise is incapable of exercising sound judgment. A history of child abuse or neglect, abandonment, or similar issues also could support an argument for sole legal custody.
Even when a court grants sole legal custody, the parent without legal custody usually cannot be deprived of information about their children’s lives. The parent who is denied legal custody almost always retains the right to access their children’s healthcare and education records.
It is almost inevitable that at some point Fairfield parents sharing legal custody will disagree on what is best for the child. According to Connecticut General Statutes § 46b-56a(d)(3), the parents must include a dispute resolution process in their parenting plan.
Many couples choose to use a mediator when they disagree about a major issue concerning their children. The law explicitly suggests parents consult a mental health professional when appropriate to help them find a solution that best supports the child.
Every family is different, and interpersonal dynamics influence the way parents can best resolve disagreements concerning their children. Parents should work with an attorney to find the solutions that are most likely to work for their family and incorporate them into their parenting plan.
Sharing decision-making authority with a former spouse or partner can be challenging, but children usually benefit from the influence of both parents. Families are more likely to thrive when both parents work together to make the right decisions for their children. Of course, in some cases, decision-making responsibility is best left in the hands of just one parent.
Speak with an attorney if issues surrounding legal child custody in Fairfield concern you. They can explore the legal options and help you choose the course that is right for your family. Get started today.
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