Parents living apart must develop a plan for raising their children, including how the children will divide their time with the parents. In most cases, the law favors both parents having enough time with the children to maintain a significant relationship with them.
Determining physical child custody in Guilford requires parents to work together to create a reasonable and practical plan to implement. However, this can be challenging when emotions are high.
Working with a determined child custody attorney can be helpful. Our reliable legal team can explain the law, help keep you focused on the desired result, and ensure your custody plan meets legal requirements. Schedule a consultation with us today to learn more.
A judge must approve any custody proposal. Parents negotiating custody issues must recognize that judges must make their decisions based on the children’s best interests.
The law describes factors a judge may consider when determining the children’s best interests but allows them to evaluate any other information they think is relevant to the decision. The parents’ preferences regarding custody are only one factor. Judges have broad discretion in custody matters, and the parents’ conduct during the proceeding can influence the decision.
If a child has particular physical, emotional, or educational needs, the judge will strive to ensure the custody arrangement meets them. Working with a skilled family law attorney can help a parent focus on the issues that might concern a judge and craft their custody plan accordingly.
Connecticut General Statutes § 46b-56a requires parents to create a parental responsibility plan to govern how they will raise their children. The plan must detail all aspects of rearing the children, including physical custody arrangements, meaning when the children will stay in each parent’s home. It must also detail what days of the week the children will be with each parent, who has responsibility for transportation, how the family will handle holidays, and similar matters.
The law favors arrangements where both parents have substantial time with the children. When parents agree on joint custody, judges must presume it is in the children’s best interests unless evidence indicates otherwise. Joint custody does not have to mean the parents split time 50/50, but the children should spend as much time with each parent as is practical, given the distance between the parents’ homes and everyone’s school and work schedules.
When parents live far apart, or joint custody is not desirable for other reasons, parents can establish a sole physical custody arrangement. The children will live with one parent, and the other will have visitation rights. A Guilford attorney can explain when a sole physical custody arrangement might be best and help a parent develop a parenting plan.
Adjusting to a divorce can be challenging for children. Parents can make it easier by putting their differences aside and working together to develop a custody plan that provides structure and allows the children to maintain close relationships with both parents.
Unfortunately, resentment between parents can prevent them from working cooperatively for the children’s best interests. When parents cannot agree, each must submit a parenting plan, and the judge will either pick the plan that best supports the children’s interests or impose a different one.
When parents leave the decision to the judge, they lose all control over how they will manage their family’s time together. A better solution is for parents who cannot communicate well to work with a physical child custody attorney in Guilford to negotiate a plan on their behalf.
If you are like most parents, you value your relationship with your children above all else. Determining how to preserve those relationships is your top priority when you and your co-parent live apart, but it can trigger strong emotions.
A knowledgeable family attorney can help you navigate the issues concerning physical child custody in Guilford. Reach out today to meet with an experienced lawyer and discuss your situation.
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