If you are unable to resolve custody issues through negotiation and mediation, you will eventually have to present evidence before a judge who will decide custody.
You need skilled counsel with experience representing parents at New Haven child custody hearings. The child custody attorneys at Dolan Divorce Lawyers have the knowledge, expertise, and litigation skills to help you reach your custody goals.
Connecticut requires parents in custody disputes to work with a Family Services counselor, who attempts to mediate the issues. If these efforts fail, the court will schedule a hearing to receive evidence. Connecticut General Statutes § 46b-56 requires the judge to decide based on the children’s best interests.
In many cases, the judge will ask the Family Relations Office to conduct a custody evaluation. This might focus on a discrete issue or be a comprehensive evaluation of both parents, their homes, and their relationships with each of their children. The judge sometimes will instead appoint a guardian ad litem (GAL) to conduct evaluations in lieu of the Family Relations Office.
Whether it is a family relations officer or a GAL, they will present a report to the court recommending a custody solution they believe serves the children’s best interests. Although the judge does not have to follow their recommendation, it has a significant influence. Working with third parties can be stressful for parents, but a skilled custody attorney in New Haven can ensure parents are prepared for a court appearance.
During parental responsibility proceedings in New Haven, each side presents evidence in favor of its preferred outcome. Each may cross-examine witnesses and challenge the other party’s evidence.
Depending on the issues in dispute, evidence in a custody case could include a parent’s medical or educational history, any criminal records, and testimony from extended family members, neighbors, and others involved in the parties’ lives. When the children’s health or educational needs are relevant, the parties will present evidence regarding these issues. Children typically do not testify in court, but the judge will consider a mature child’s preference about which parent they live with.
Hearings may be complete in a few hours or require several days, depending on the points of disagreement. Once both sides have presented their cases, the judge considers the evidence, including the opinions of the custody evaluator and GAL. The judge has 120 days to issue their decision.
When a Connecticut judge makes a custody decision, they issue it in the form of a court order. This order is enforceable and usually takes effect immediately.
Parents must comply with the order or may face sanctions, including fines and reduced parenting time. A parent who disagrees with the order can file a formal request for reconsideration or an appeal to the Appellate Court, but these must be based on legal errors. A New Haven attorney could advise a parent on whether grounds exist to support these actions in a specific custody matter.
Custody orders are modifiable if a substantial change in circumstances warrants a change based on the children’s best interests. The change must be significant, such as a parent’s health issue or an important change in a child’s educational needs. A judge may accept a modification without a substantial change in circumstances, but both parents must agree to the change, and they must demonstrate that it serves the children’s best interests.
It is best for all involved when custody matters reach a resolution through negotiation, but that is not always possible. New Haven child custody hearings are stressful, but they can help you achieve your custody goals. Contact our experienced attorneys at Dolan Divorce Lawyers for help with all aspects of child custody litigation.
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