Parents deciding how to manage living apart must submit a formal parenting plan to the court. One matter that a parenting plan must address is legal custody, which is the right to make major life decisions for children.
Both parents must carefully consider how they want to manage issues of legal child custody in Guilford. An experienced child custody attorney can explain the law and help you negotiate a workable plan.
Legal custody means the authority to make significant decisions on behalf of children. Day-to-day choices about chores, homework, social activities, and discipline rest with the parent supervising them at the time. However, the parent with legal custody can choose the following for their child:
Parents can divide responsibility if they choose and assign areas of authority.
Connecticut General Statutes § 46b-56a presumes that joint legal custody is in the child’s best interests because it ensures two responsible adults are considering major life issues for them. However, the parents must both request joint legal custody for the presumption to be effective. In addition, parents seeking joint legal custody must include a mechanism for resolving disputes in their parenting plan.
Although the law favors joint legal custody, one parent can be awarded sole legal custody. Sometimes, parents agree that one parent should have legal authority, but the judge must decide when they cannot come to an amicable conclusion.
The judge considers evidence that a parent may not be responsible or mature enough to be entrusted with significant decisions regarding the children. They might award sole legal custody to one parent when there is evidence indicating the other has:
The parent with legal custody must inform the other parent about major decisions regarding the children. In addition, the parent without legal custody is entitled to review the child’s educational and medical records in most cases. A Guilford attorney can present evidence to persuade the judge that sole legal custody is in the children’s best interests.
When a judge awards legal custody, the order is enforceable, and parents must comply even when disagreeing. However, the order can be modified in appropriate cases. The parent seeking to modify the order must demonstrate that a substantial change has occurred since the order was issued.
If the judge awards sole legal child custody and both parents agree that joint legal custody is appropriate, they can petition the court to amend the custody order. A Guilford lawyer can assist in preparing the petition, which should address the concerns that led the judge to award sole legal child custody.
The power to make decisions for your children is an essential right. Many parents learn to work together for the best interests of their children, even if they do not communicate well on other matters. In some situations, placing sole decision-making authority in the hands of one parent is the more practical course.
Contact our law firm when you have questions about legal child custody in Guilford. Our compassionate family law attorneys can discuss your concerns and put together a plan to pursue a favorable outcome.
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