Separating from a co-parent can lead to several challenges. The most important is deciding how you will parent while living separately. You must candidly assess your family’s goals moving forward and develop workable strategies to meet them.
Consider partnering with skilled legal counsel to overcome common custody issues in Guilford. Our reliable child custody attorneys can explain the law and help you accomplish your objectives.
Only people with legal parental rights have a right to child custody. There are many situations where a person may have been filling the role of a parent but not have legal parental rights.
Individuals who were married when their child was born have legal parental rights. Similarly, when a couple adopts a child, both partners have parental rights. However, when couples are never married or when same-sex couples use assisted reproductive technology (ART) to have a child, additional steps may be necessary to ensure both parents have custody.
Heterosexual couples can sign an Acknowledgement of Paternity to establish that a man is the father of their child. Same-sex couples complete a similar form, called an Acknowledgement of Parentage, to determine that both partners have parental rights to a child conceived through ART. When the parents did not complete the proper acknowledgment, legal action might be necessary to establish parentage.
In most cases, both parents recognize the vital role the other plays in the children’s healthy development. The goal is for the parents to develop a plan to share time and decision-making responsibility.
Courts expect parents to submit a parenting plan for the judge’s review. Ideally, parents work together to develop an effective plan for their family that covers how much time the children spend with each parent, where they will spend holidays, and how the parents will make decisions about the children’s education, healthcare, religion, and other essential details.
If the parents cannot agree on a plan, the court will impose one. To avoid that outcome, parents who cannot communicate effectively on common custody issues can work through their attorneys to develop a plan.
A parent may want to prevent a co-parent from accessing a child, but the law gives children the right to a relationship with each parent. Because of this, a Connecticut judge will not deny a parent access to children unless there is convincing evidence that contact with the parent is not in the children’s best interest.
These situations sometimes arise when there has been a history of domestic violence, child abuse or neglect, untreated mental health issues, or substance misuse in the household. Connecticut General Statutes § 46b-56(c) allows a Guilford judge to consider these issues when making custody decisions, but the parent seeking to limit contact must present more than just allegations. There must be proof of the other parent’s dangerous behavior.
The accused parent can overcome these allegations by showing that the behavior was in the past, that they have received treatment for their problem, and that they are getting ongoing care. The judge might order custody with the accusing parent and supervised visitation to the other when there are legitimate safety concerns. The children’s best interests drive all decisions judges make regarding custody issues.
Children thrive when parents work cooperatively to provide a safe and nurturing environment, even if they must do so separately. Understanding the common custody issues in Guilford can help you and your co-parent negotiate significant matters.
However, you will still need a legal professional to provide guidance and help smooth out any obstacles. Reach out today to speak with a determined family attorney.
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