A child custody dispute is rough on everyone involved, especially the children. However, there are situations when litigating custody is necessary to ensure the best for your children.
Our team of experienced lawyers can prepare you for Southbury child custody hearings. The stakes could not be higher, so it is essential to have skilled representation from a seasoned child custody attorney.
When parents are in disagreement about custody, their legal representatives often try to negotiate an acceptable solution. When this is not possible, or attempts at negotiation are unsuccessful, a lawyer in Southbury can request that the court hold a child custody hearing.
The parties engage in the process of discovery before the hearing. Depending on the circumstances, the legal representatives often will:
The parties must exchange the evidence and information they plan to use at the hearing with each other. Connecticut General Statutes § 46b-56a(d) requires parents to present the court with a parental responsibility plan.
When they cannot agree, each parent must prepare their own plan. The parenting plan must be submitted to the court with the evidence the parent intends to present before the hearing.
Connecticut judges must decide custody disputes according to the best interests of the children. In many cases, it becomes clear during custody negotiations or the discovery process that an evaluation by a neutral third-party would be helpful to provide the judge with the information they need to make the best interests determination.
Several options are available that serve slightly different purposes, and a Southbury attorney can discuss what form of evaluation might be most beneficial in a specific child custody hearing case. The parents can agree to request a specific type of evaluation, or a court can order one on its own motion. Regardless of the type of evaluation conducted, the evaluator provides a report to the judge with their findings and recommendations.
Family Relations Officers work for the Connecticut judiciary and provide counseling and related services to families in court disputes. These are social workers and other professionals with special training in custody matters.
The Family Services evaluation can be focused on a specific issue or more comprehensive. It is important to note that evaluations by Family Services Officers are free.
Private custody evaluations can be expensive but are sometimes worth the investment. These are performed by licensed mental health professionals, often forensic psychologists, and may involve psychological testing.
A lawyer with specific training in family law matters is sometimes appointed as the children’s guardian ad litem. The cost is usually shared between the parents.
The guardian ad litem interviews the children and parents, and sometimes others who might have relevant information. They usually visit both parents’ homes, and their report focuses solely on the child’s best interests.
On the hearing day, each side will present evidence supporting the parenting plan they submitted to the court. Parents usually testify and are then cross-examined by the other parent’s attorney. A Southbury lawyer may also call other witnesses, such as extended family members, others with relevant information, and, in some cases, therapists. The custody evaluator or guardian ad litem typically testifies.
Sometimes, the judge announces their decision at the end of the hearing. More often, the decision will be released weeks after the hearing concludes. Connecticut judges have up to 120 days to release their decision, but most try to decide custody matters more quickly to provide certainty and stability for the children.
Hearings are critical in a child custody dispute, and it is essential to be well-prepared. The lawyers at our firm are skilled at representing parents in Southbury child custody hearings.
We can help you present the most persuasive case possible. Reach out to our seasoned and highly skilled legal team today.
N/a
