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Types of Custody in Fairfield

Parents who do not live together must decide how they will handle custody of their minor children. Parents need to consider these matters and understand the various types of custody in Fairfield.

Consult a skilled child custody attorney for help with these issues. They can explain what the law requires and the implications of each custody option so that you can make an informed choice for your family.

Defining Physical and Legal Custody

There are two distinct aspects of custody in Fairfield. Physical custody refers to where the children live, and legal custody refers to decision-making authority.

A parent with physical custody rights provides a home for their children at least some of the time. When the children are in their home, the parent can make day-to-day decisions about matters like homework, activities, discipline, and mealtimes.

Legal custody is the authority to make major decisions for the children. A parent with legal custody rights has input regarding the healthcare they receive, where they go to school, whether they get special education services, and what religion they practice.

Common Custody Arrangements

The law favors allowing both parents as much time and influence over their children as possible if that arrangement is beneficial to the children. Custody arrangements that give both parents rights to physical and legal custody are typical in Connecticut. A Fairfield attorney can explain the common custody arrangements.

Shared or Joint Custody

When logistical considerations allow for it, parents can have shared or joint physical custody, where the children spend up to half their time with each parent. Otherwise, one parent may have primary physical custody, and the other would have substantial visitation, which is now frequently called parenting time. Parenting time is typically laid out in a schedule and can include frequent, regular visits overnight or longer.

Courts often order shared legal custody even when one parent has primary physical custody. Shared legal custody can mean both parents decide all significant issues together, or the parents can allocate authority on different topics between themselves.

Primary Custody

Courts may award primary physical custody to one parent when the other is unable to provide an appropriate environment for children because of financial issues, work commitments, mental or physical health problems, addiction, or criminal activity. Primary custody denies physical custody to the other parent except as specifically allowed for in a parenting plan.

Even where one parent has primary physical custody, the other parent almost always retains the right to visitation, which is articulated in a schedule as part of a parenting plan. When the parent poses a threat to the children’s physical or emotional well-being, a court could order visits with the parent be supervised by another responsible adult. A lawyer can help a parent develop arguments for or against supervised visitation.

Children’s Best Interests Determine Custody

Connecticut judges encourage parents to make custody determinations themselves and formulate a plan that works for them and their children. Negotiated parenting plans must be submitted to the court for approval. When parents cannot agree, they must each submit their preferred plan to the court, and the judge will select one or impose a plan of their own choosing.

Judges review parenting plans to determine whether they support the children’s best interests. Connecticut General Statutes § 46b-56(c) describes seventeen factors judges can consider when determining a child’s best interests for a custody plan. An attorney can help a parent in Fairfield craft a plan to address the statutory criteria. However, judges have broad discretion to consider any factor they deem relevant and give it the weight that seems appropriate to them.

Judges can consider the children’s wishes when deciding custody. The older and more mature the child, the more likely the child’s wishes will influence the decision. However, a judge can disregard the child’s opinion when the judge believes the child’s preferences are not in their best interests or there is clear evidence based on the child’s age and circumstances they have been coached.

Get Help with Custody Issues From a Fairfield Attorney

Navigating custody issues can be tricky. Even when couples respect each other as parents and want to create a healthy environment for their shared children, deciding custody can trigger strong emotions and challenging conversations.

Working with a skilled attorney can help. They can explain the types of custody in Fairfield so you can decide what arrangement may work best for your family.

Our legal professionals can help you negotiate a parenting plan or seek sole custody when warranted. Get in touch today to begin exploring your options.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
1305 Post Road, Suite 205 Fairfield CT 06824 (203) 990-1387