Understanding the types of custody in Guilford is essential, as parents who live separately must develop a plan to raise their children.
A dedicated child custody attorney can help you review your options and devise a plan that is right for your family. Schedule an initial consultation with our compassionate legal team today to learn more.
Parents considering custody issues must understand the difference between physical and legal custody. These distinctions are often misunderstood, but they are critical when developing a parental responsibility plan.
Legal custody is the authority to make major life decisions for a child. A parent with legal custody can give consent for healthcare, decide where the child goes to school, what educational services the child receives, and what religion the child practices, if any. However, a parent with physical custody chooses where the child resides.
Connecticut General Statutes § 46b-56a supports joint legal custody when possible. Parents with joint legal custody share decision-making authority on essential issues, and their parenting plan must describe how they will resolve disagreements.
Most parents with joint legal custody decide on significant issues together. However, some may agree to divide their authority, each responsible for one or more major issues. Judges will award sole legal custody to one parent when they demonstrate that the arrangement is in the children’s best interests.
Parents often share physical custody. When work schedules and other logistics allow, the children might spend roughly half their time with each parent. However, if splitting time evenly is impossible, any workable joint custody arrangement that allows the children significant time with each parent could be acceptable.
The geographic distance between the children’s homes or a parent’s obligations can prevent them from having joint physical custody. In that case, one parent might have primary physical custody, while the other might have as much parenting time as possible.
When one parent cannot provide a safe or wholesome environment, a court could award sole physical custody and only limited visitation to the non-custodial parent. A court could order visits with the parent to be supervised by another responsible adult. An experienced Guilford lawyer can explain the types of custody scenarios that might compel a judge to order supervised visitation.
When parents agree on a custody arrangement, they must submit their proposed parental responsibility plan to the court. The judge will review it to ensure it supports the children’s best interests, and if so, the court will issue it as an enforceable custody order. The judge has the discretion to reject the plan and can ask the parents to revise it or substitute their own plan.
When parents dispute custody issues, the court will often appoint a third party to determine the best interest. A custody evaluator is a mental health professional with expertise in child development and adjustment issues. The court may order a custody evaluation and consider the evaluator’s findings when deciding legal and physical custody. A Guilford attorney can discuss what a judge must evaluate when choosing the most suitable type of custody arrangement.
The custody decisions you make now will affect your family forever. You must have a clear understanding of the types of custody in Guilford so you can choose the most suitable option.
A seasoned family law attorney can provide the guidance and assistance you need. Reach out today to schedule a consultation and get started.