Connecticut law recognizes each parent’s important role in raising a child. When parents live apart, the law presumes that the continued involvement of both parents is in the children’s best interests. Overcoming this presumption requires substantial evidence that a continuation of the parent-child relationship could be harmful to the child.
If you are seeking full child custody in New Haven, the lawyer you choose is critical. The experienced child custody attorneys at Dolan Divorce Lawyers can provide a candid assessment of your case and will work to ensure a result that serves your children.
Parents living apart must establish legal and physical custody of their shared minor children. Legal custody is the authority to make decisions regarding the child’s education, health care, and religious upbringing, while physical custody refers to providing a home for the child as well as parenting time. Parents typically share legal and physical custody.
All custody arrangements must promote the children’s best interests. Connecticut General Statutes § 46b-56(b) suggests that both parents’ continued involvement with the children is in their best interests, unless there is evidence indicating otherwise.
To obtain sole physical and legal custody over the objections of a co-parent, the party seeking sole custody must prove the other parent is unfit or poses a danger to the children. To meet that burden is challenging, so it is essential to work with a skilled and experienced New Haven attorney when seeking full child custody.
Parents who are bitter over the end of a relationship sometimes try to deny their co-parent access to the children. They may make claims that a parent is morally unfit due to an affair or has never taken an interest in the children prior to the breakup. However, these types of arguments may backfire on the parent making them.
A judge requires persuasive evidence supporting a grant of sole custody to one parent when the co-parent seeks to maintain their custodial rights. Evidence a judge may find compelling includes:
A parent in New Haven seeking sole custody must have proof of the co-parent’s inability to parent safely, as unsupported allegations are insufficient to overcome the presumption that the parent’s continued involvement serves the children’s best interests.
When a parent loses physical and legal custody, they are still granted limited or supervised visitation in most cases. These restrictions may be temporary if the parent overcomes the reason for the denial of custody. A custody attorney can advise a parent who wants to permanently terminate their co-parent’s parental rights about whether they have adequate proof to support this action.
The law makes it difficult to deprive a parent of physical and legal custody against their will. If you are determined to obtain full child custody in New Haven, you will need substantial evidence of unfitness and a skilled family law attorney. Contact us at Dolan Divorce Lawyers to discuss your case for sole custody.
N/a
