There are two forms of child custody in New Haven that can be implemented in a divorce order. Legal custody refers to the authority to make important life decisions regarding the child, while physical custody dictates which parent the child will live with.
The court may award either type of custody to one or both parents, depending on the case. Speak with a New Haven child custody attorney today to learn more about your rights to care for your children.
Sole legal custody is when the court awards one parent full control over the decision making in their child’s life, including major decisions about education, medical care, and religion. The party with sole legal custody does not need to consult or inform the other parent about any decisions regarding their child’s upbringing.
If an individual believes that the other party is unfit to parent their child, they will likely file for sole legal custody. In New Haven, the standard for determining custody is what is in the best interest of the child.
For a judge to award sole legal guardianship to one party, it must be established that the unfit parent would create a risk to the child. If one parent suffers from alcoholism or drug addiction, that may be a reason for a court to award this type of custody. It is not common for the court to grant full legal custody, but a dedicated lawyer can help individuals fight for their rights if the other parent poses a risk to the child.
Joint custody is when two parents share legal custody of the child. The parents must consult each other and mutually agree on critical decisions affecting that child’s life. In addition to these rights, parents with joint custody have a responsibility to be an active parent in the child’s life.
Custody judgments are modifiable if there has been a substantial change in circumstances since the entry of the initial judgment. Additionally, one parent may file a motion to modify and request sole custody if the other party is being unresponsive or creating issues for the child due to their unwillingness to compromise on essential life decisions.
When one parent moves away and is physically unable to participate in most of the decisions revolving around a child, that might also form a basis for modifying a legal custody agreement. Those who need help changing a joint custody order should reach out to an attorney familiar with these types of cases.
Primary physical custody is when the court orders that the child will primarily reside with one parent. In these situations, the other parent will likely receive visitation to spend a set amount of time with the child. This differs from shared physical custody, in which the child resides with both parents for an equal amount of time.
A bird’s nest custody agreement is a situation where both parties agree that the child will reside in the family home, while the parents rotate in and out of the house every few days or every other week. This prevents the child from having to move between the parent’s homes.
A judge will not order this type of arrangement unless both parties have agreed to it. Parents should consult with an attorney to decide if a bird’s nest agreement is the right choice for them.
It is crucial for parents to consult with an attorney to determine what forms of child custody in New Haven would best serve their children. Our legal team can advise you on what type of evidence you will need to collect when arguing for sole or joint custody. Additionally, our firm will arrange for any evaluations with third-party professionals to provide needed recommendations.
There are many different jurisdictions in New Haven, so it is best to retain a lawyer with knowledge of those local statutes. Give us a call today to learn more about your options