When co-parents live separately, they must have a plan to raise their children. Parents can often put their differences aside and develop a plan that allows them to continue to participate meaningfully in their children’s lives.
Unfortunately, disagreements or legal obstacles sometimes prevent productive custody negotiations or disrupt an arrangement already in place. A dedicated child custody attorney can help you navigate common custody issues in Southbury.
Unmarried couples sometimes raise a family together without realizing that the father does not have legal parental rights. When the couple decides to separate, the father may be shocked to learn he does not have the right to physical or legal custody of the children.
If there is no dispute about the paternity of the children, there is an easy remedy. The parents can sign an Acknowledgment of Paternity at any office of the Connecticut Department of Social Services or Department of Public Health. If there is a dispute about paternity and the father wishes to have the right to custody, he must petition a court for genetic testing to determine paternity.
A more complex situation arises when a couple raises a child together, but only one partner has an adoptive or biological relationship with the child. If the partner without a legal relationship with the child cannot adopt them, they will not have the right to seek custody. However, a Southbury attorney handling cases with common custody issues could bring a petition seeking continued contact with the child.
People leaving a marriage or long-term relationship may seek a fresh start in a new location. However, a parent cannot move away with the children without the other parent’s permission unless they can convince a court that the move is in the children’s best interests. Ideally, parents can make an arrangement that allows both parents to maintain a relationship with the children.
If the parents cannot agree, the party seeking to relocate must file a petition seeking the court’s permission. Connecticut General Statutes § 46b-56d requires the parent wishing to relocate to prove that they have a legitimate purpose in moving and no intention of depriving the other parent of access to the children. The parent must also demonstrate that moving is in the children’s best interests.
It is critical for a co-parent in a relocation dispute to work with an experienced Southbury custody issues attorney. A skilled legal professional can make the most compelling arguments to persuade a court to support the parent’s position on relocation.
Sometimes, an issue arises that questions whether the other party can be a safe and responsible parent. This problem can take many forms.
Courts do not deprive parents of access to their children without clear evidence that a parent poses a substantial threat. However, they may impose limitations like supervised visitation in an appropriate case.
A parent who is actively abusing drugs or alcohol, experiencing significant mental health challenges, or has a recent history of domestic violence or child abuse may not be a safe parent. Seeking limited visitation under supervision until the parent has sought treatment or resolved the concerning issue may be appropriate.
The presence of a new partner can derail custody negotiations or cause a dispute after a parenting plan is in place. Ideally, parents can agree on when a new partner should spend time with the children. When one parent feels that the other’s partner poses a threat to the children, they could seek modification of the parenting plan.
Parents sometimes allow their bitterness toward their former partner to show in a way that negatively impacts the children. This is called parental alienation. A parent who believes their former partner is actively attempting to turn their children against them should contact an attorney immediately.
Child custody can be an emotionally charged issue that triggers intense disputes. Even when both parents sincerely try to prioritize their children’s needs, disagreements are not unusual.
An experienced family attorney can help you work through the common custody issues in Southbury. Do not let disagreements with your co-parent fester— we are ready to help, so get in touch today.
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