Parents who do not live together must make arrangements concerning their shared children. The law requires them to develop a parental responsibility plan designating legal and physical custody, and describing how they plan to co-parent.
Determining physical child custody in Fairfield is based on what is best for the children, not what is most convenient for the parents. A skilled child custody attorney can help a parent or couple develop a custody plan that will be approved by the court.
Physical custody refers to where the children live. The Fairfield parent whose home the children are staying in makes day-to-day decisions, such as when they do homework and what they wear.
Shared physical custody arrangements are common. The children live with one parent primarily for school enrollment purposes, but otherwise alternate where they live based on a schedule that divides the week or month between their parents’ homes. Many parents favor shared physical custody, where the children divide their time between the two homes as equally possible.
Regardless of other arrangements, one parent’s address is the children’s address for official purposes like school registration and medical records. That parent is sometimes called the residential parent.
Connecticut law presumes that children benefit from spending substantial time with both parents, absent contrary evidence, in most cases. Judges favor custody arrangements that allow the children to have meaningful relationships with both parents.
Sometimes, one parent has little interest in being actively involved in their children’s lives, does not have a schedule that accommodates child-rearing, or cannot provide a safe or appropriate home for economic or other reasons. In such cases, parents might agree that the other parent has primary physical custody, but the other parent would have frequent and regular opportunities for visitation, commonly referred to as parenting time.
A judge must consider any history of child abuse, neglect, or domestic violence when determining physical custody and access schedules. When a parent believes their co-parent should not have physical custody because of mental health challenges, addiction, or criminal activity, their Fairfield attorney can provide evidence of the parent’s unfitness to the court. Even in these cases, absent clear risk to the children, judges typically award a parent the right to visitation, sometimes stipulating that a third party be present to supervise as a means of ensuring the children’s safety.
Connecticut General Statutes § 46b-56a(d) requires parents to submit a parental responsibility plan. Preferably, parents work together to create a plan. When parents cannot agree, each submits a plan to the court. The judge then decides between them or chooses a different arrangement based on their perception of what serves the children’s best interests.
The parenting plan is a detailed document that describes how the parents will share child-rearing responsibilities. It includes a schedule of where the children will sleep on which days throughout the week and on weekends and holidays. It also covers issues like which parent is responsible for transporting the children, ground rules for children and parents, and how parents will resolve disputes between themselves.
Families benefit when parents develop a parenting plan together. It proves to the court that the parents can put their differences aside for the children’s benefit and shows the children that they are their parent’s priority, despite any problems in the parents’ relationship. Fairfield parents who are having difficulty agreeing on a legal and physical custody plan could work with a mediator or negotiate their plan through their attorneys.
Making arrangements for physical child custody in Fairfield can be challenging for many parents. Emotions can get high, and it might not be easy to have productive discussions.
However, your children’s wellbeing depends on a physical custody arrangement that provides security and stability and maintains their connections with both parents. Designing a parenting plan gives your children the best chance at success.
Work with a Fairfield custody attorney when designing your plan. They can explain the custody laws and legal requirements. Reach out today to get started.