Determining where your children will live is often an emotional issue for parents when they separate. Both parents may be concerned about how living away from their children part of the time will affect their relationships.
Luckily, the law allows you to design a plan to address both parents’ concerns. Physical child custody in Hartford could rest primarily with one parent or be divided between you and your co-parent in whatever way works best for you.
Although Connecticut law offers flexibility, a judge must approve any custody plan to ensure it serves the children best. A compassionate child custody attorney can help you design a fair and effective plan to submit to a judge for approval.
Physical custody refers to where the children live. In the past, it was presumed that mothers would have physical custody, especially when the children were young. However, that is no longer the case, and either parent may be granted custody according to what the judge believes is best for the children.
Many couples agree on shared physical custody arrangements, which allow the children to spend substantial time living in the home of each parent. The split does not have to be equal between the parents, but each parent should get as much time with the children as possible given their schedules.
Sometimes, the Hartford parents agree that one person is better suited to care for the children full-time, allowing them to have primary physical custody. In most cases, the non-custodial parent has substantial visitation rights, allowing the children to have a close relationship with both parents. Sometimes, there is credible evidence that spending time alone with a parent would not serve the child’s best interests. In these cases, a judge can order visits with the non-custodial parent to be supervised by a social worker or other responsible adult.
Ideally, Hartford parents decide between them how they will co-parent their children. They prepare a parenting plan that proposes arrangements for legal and physical custody, visitation on holidays, transportation arrangements, and other details.
When the parents create an agreed-upon plan and submit it to the court, the judge reviews it to determine whether it supports the best interests of the children. The law favors plans that allow the children stability, structure, and opportunities to spend substantial time with each parent. However, courts will examine the plan to ensure it is feasible and does not cause unnecessary disruption to the children’s routine.
Connecticut law describes several factors judges can consider when evaluating whether a parenting plan addresses the children’s best interests. Understanding how a court determines the children’s best interests can help parents negotiate a legally acceptable parenting plan. An attorney can discuss these factors and other variables a judge might consider.
When parents cannot agree on custody issues, each submits a plan to the court. Judges often appoint a custody evaluator in these cases to help them determine which parent’s plan best supports the children. Courts also might appoint a Guardian ad Litem (GAL) to represent the children and advocate for their best interests. These third parties interview the parents and children and prepare a report for the court with their findings and recommendations.
The custody evaluator is a mental health professional with special training in legal custody issues. Depending on the circumstances, a Family Services custody evaluation can be completed at no cost by a professional employed by the Connecticut Judicial Branch. Alternatively, forensic psychologists might do a private custody evaluation that includes psychological testing of the parents and children. Parents often share the cost of a private evaluation.
Hartford parents involved in a physical custody dispute should discuss the situation with their lawyer to determine whether a custody evaluation with their children is necessary. If so, the legal professional can explain the process and offer guidance for working with a GAL or custody evaluator.
Deciding how much time your children will spend with each parent is one of the most challenging tasks you face when you live apart from your co-parent. Your decisions will impact your family forever.
When you are deciding on issues related to physical child custody in Hartford, our attorneys can help. We can draw on our years of experience to help you develop a practical plan that will serve your children’s best interests. Call today to schedule a consultation and get started.
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