Any parent involved in a divorce or custody dispute will hear the term “the best interests of the child.” The law requires judges to make decisions affecting children based on their impression of what will serve them best.
An experienced child custody attorney can explain the process of determining the best interest of the child in New Haven. Understanding how a judge evaluates custody issues can help parents develop a child—centric parenting plan.
Parents who live apart must submit a custody plan, called a parenting plan, to the court for approval. The plan must contain a schedule describing when the children will live at the home of each parent. If the children will live primarily with one parent, it must describe when the other parent will have parenting time.
The plan must also allocate decision-making responsibility on major issues like education, healthcare, and religion. Connecticut law presumes that it is in the children’s best interest for parents to share decision-making authority, also called legal custody.
Ideally, the parents work together to devise a parenting plan that works for their family, but when they disagree, each develops their own preferred plan. Whether the parents submit a joint or individual plan, the judge must review it and may reject it if they feel it does not serve the children’s best interests. An attorney in New Haven can work with parents to develop a parenting plan that considers the children’s best interests.
The law requires a judge to consider the children’s best interests when making decisions about custody or any other matter that affects them. Judges clearly distinguish between what is best for the children and what is best for the parents, and the children’s needs receive priority.
Connecticut General Statutes § 46b56(c) describes 17 specific factors a judge can evaluate when determining the best interest of the child. The judge should consider each child’s specific needs and temperament and the circumstances that will provide each child the physical and emotional safety they need. Several of the factors focus on a parent’s ability to anticipate and meet each child’s emotional, physical, and developmental needs.
The judge can consider each parent’s willingness and ability to nurture the children’s relationship with the other parent. They may evaluate whether a parent successfully protected the children from involvement in the parents’ dispute, or used coercive or manipulative behavior to influence the children. When there have been attempts to alienate the children from a parent, a seasoned family attorney can make the judge aware of the situation.
It is clearly not in a child’s best interest to ask them to choose between their parents. However, a judge may try to elicit a child’s feelings about living with one parent versus the other.
Children do not usually appear in court, but a judge could interview a child privately in chambers. A court reporter would be present so that both sides would have access to the transcript of the interview. A judge could appoint a custody evaluator or a guardian ad litem to interview the children and recommend the custody arrangement that serves the children’s best interests based on their investigation.
The older and more mature the child, the more weight a judge may give their preference. However, the judge will evaluate the reasons behind the child’s stated preference and can disregard it if the judge feels the other parent is a better choice. A New Haven lawyer can help a parent respond constructively when a child states a preference to live with the other parent.
Determining the best interest of the child in New Haven is a subjective exercise. Each judge can consider whatever factors they deem relevant, and give each one as much or as little weight as seems appropriate.
A hardworking and knowledgeable lawyer with experience in the local courts can help you construct a parenting plan that furthers your children’s best interests. Reach out today.