Separating from a partner is often challenging, and even more so when you have children together. You need to decide how you will co-parent and get a judge to approve your plans.
If you need help navigating common custody issues in Hartford, contact our office. One of our competent child custody attorneys can explain the law and help you resolve custody issues in accordance with your goals.
When married couples have biological children, or they adopt, both spouses are the legal parents of the children. However, when parents are unmarried, the child may have only one legal parent unless both people take additional steps to establish paternity. Only legal parents have the right to custody.
When unmarried heterosexual couples have a baby, both parents can sign an Acknowledgement of Paternity identifying the man as the father. This document conveys the legal rights and responsibilities of parenthood to the father. The Acknowledgement must be signed, notarized, and filed with the Connecticut Department of Health, Bureau of Vital Statistics.
The law also provides a method for same-sex couples who use assisted reproductive technology (ART) to have a child to ensure both spouses have parental rights. The couple must complete a Certificate of Parentage when the child is born. Like the Acknowledgement of Paternity, it must be notarized and filed with the state.
The non-biological parent also should formally adopt the child to ensure their rights will be respected in other states. A Hartford attorney can assist a couple in ensuring that both partners have full parental rights, among other common issues in custody.
The law requires parents to create a parenting plan describing how they will handle issues regarding the children. The plan is detailed and includes information on physical and legal custody, parents’ behavior, access to information, and resolving disputes. A common issue that arises for Hartford parents is disagreeing on the plan.
The parents must determine a weekly schedule for parenting time during the school year and on school holidays and vacations. They must arrange for transportation and ensure the children get to extracurricular activities and other events. The parents must decide how they will divide time with the children on occasions like family birthdays and religious holidays.
Parents have broad discretion to create the plan that will work best for their family. According to Connecticut General Statutes § 46b-56, a judge must review all matters involving children and decide them in accordance with the children’s best interests. An attorney can explain the factors judges evaluate when making these decisions to help the parents develop a plan that is likely to meet with judicial approval.
Sometimes, one parent wants to deprive the other of significant contact with the children. Judges rarely agree to this except in extraordinary circumstances.
Connecticut courts consider how a proven history of domestic violence or child abuse by one parent will affect the children. However, the law presumes that contact with both parents is best for the child absent such serious examples. A parent wanting to limit their co-parent’s contact must present evidence showing that contact with the other parent poses a significant risk to the child’s mental and physical health.
Judges will sometimes grant sole physical and legal custody to one parent, but the other parent still has the right to information about the child’s health, education, and other significant matters. They also retain the right to visitation in most cases, although courts can order that a third party supervise visits when necessary. A Hartford attorney can advocate for or defend against requests for limited contact and supervised visitation, as this is another common custody matter.
Nothing is closer to a parent’s heart than their relationship with their children. When you and your co-parent live separately, maintaining and nurturing that relationship is often an overriding concern.
Work with an experienced family attorney who can guide you through common custody issues in Hartford. Get in touch today.
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