Mothers who are getting a divorce or living separately from their coparent might worry if they can continue to be an involved parent as a single person. When the other parent has more money or has wielded control in the relationship, you might be concerned you will be at a disadvantage.
Discuss your situation with a New Canaan mother’s rights lawyer. An experienced family law attorney can learn your concerns and priorities, create a strategy to address them and protect your relationship with your children.
Connecticut courts require parents living apart to file a parenting responsibility plan, usually called a parenting plan. The plan contains a detailed schedule showing when the children will be with each parent. It also provides information about transportation, pick-ups and drop-offs, child support, how the parents allocate decision-making authority, and how they will handle disagreements between themselves.
Everyone benefits when parents can work together to create a parenting plan tailored to their needs, preferences, and schedules. Negotiating a parenting plan helps the parents anticipate and resolve issues ahead of time so the children will not be exposed to disagreements. When parents can come to a negotiated custody agreement, it models cooperation for the children and shows them that they remain the parents’ priority despite the separation.
Negotiating a parenting plan also allows decisions to be made with the parents rather than deferring to the opinion of a judge who does not know the family. When the parents communicate safely and effectively, they can create a plan together or use a mediator to help them formulate a parenting plan. Even when parents agree on a plan, they must submit it to the judge for approval before it becomes an enforceable court order.
The law does not allow discrimination based on gender in custody decisions. Connecticut General Statutes § 46b-56 requires judges to decide custody based primarily on the children’s best interests. The law requires the court to allow each parent access to the children “commensurate with their abilities and interests.”
The judge can consider how actively each parent participated in childrearing when the parents lived together. The law also suggests the judge consider the following:
The judge has broad discretion to consider any facts they think are relevant when making custody decisions.
When a mother has been the children’s primary caretaker, a New Canaan attorney can emphasize her familiarity with the children’s routine, preferences, and needs. A legal professional can present any evidence that might persuade a judge that allowing the mother substantial parenting time is in the children’s best interests.
Sometimes a parent who has not taken a strong interest in the children will assert their right to custody when the parents divorce or separate. There are also cases where one parent believes the other poses a potential threat to the children. Negotiated custody agreements are less likely in these cases, and a judge may need to decide the custody dispute.
A custody evaluation is often appropriate. A Connecticut Family Services counselor meets with the parents and children, conducts home visits, and may speak with others with relevant knowledge. When they have gathered the information they require, they prepare a report for the judge with their custody recommendations. Alternatively, parents can request a private evaluation by a mental health professional, which includes psychological evaluations of the parties.
The court does not have to follow the evaluator’s recommendations, but judges often give them considerable weight. A New Canaan lawyer representing a mother in a custody dispute can ensure they understand the role of the evaluator and help them prepare for the interactions.
The idea that you will lose time with your children because you and your coparent live apart is difficult for many mothers. You can retain control over your time with your children by negotiating a parenting plan with your coparent. When negotiation is not possible, the court may have to resolve the dispute.
Whether you reach a negotiated custody agreement or must take the dispute to the judge, a New Canaan mother’s rights lawyer can preserve and protect your relationship with your children. Get in touch today to learn more.
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