Parents who live apart still want as much time with their children as possible. They are often afraid of losing child custody in Southbury. While the law does favor giving each parent significant time with the children, sometimes a court denies custody to one of the parents. Sometimes a parent has had custody, but a circumstance or event causes a judge to change the arrangement.
If you believe you are at risk of being denied custody or losing custody, speak with a dedicated child custody attorney immediately. You owe it to yourself and your children to fight to have a meaningful role in their lives.
The law requires a judge to put the children’s interests first when making custody decisions. Although there is a presumption in favor of shared custody when appropriate, if a judge decides another arrangement is better for the children, they can deny a parent legal or physical custody. A Southbury attorney can explain whether loss of custody is a potential issue in a specific case.
Legal custody is the right to make decisions for the child. It includes important choices regarding healthcare, religion, education, and who the child spends time with. When a judge denies a parent legal custody, the other parent has complete decision-making authority. In most cases, however, the parent without legal custody is entitled to information, such as the child’s medical records, school attendance reports, and grades.
Physical custody is where the children live. When both parents seek joint custody, the judge must assume that the arrangement is in the children’s best interests unless evidence suggests otherwise. When parents disagree on a physical custody arrangement, they each must submit their preferred plan, and the judge decides which best serves the children. If the judge does not think either plan meets that standard, the judge can impose a different plan.
A judge considers many factors when deciding whether a parent should be granted custody or, if they have custody, whether to revoke their custody rights. The judge considers the ability of each parent to:
Sometimes a parent’s history could indicate their home may not be safe for children. Examples include unmanaged mental illness, active addictions, or a record of violent crime. When a parent has a domestic violence conviction, the Southbury court must consider how the incident affected or may further affect the child when making custody decisions.
Even when a parent is not granted physical custody, they almost always retain the right to visitation. If there is a concern that the parent may not be safe or appropriate with the children, a court could order that another responsible adult supervise visitation. When a parent is convicted of murder, a judge will not grant visitation rights until the child is old enough to express a desire to see the parent and the child’s guardian assents.
Connecticut General Statutes § 46b-56f allows a parent to obtain custody on an emergency basis in certain cases. The emergency order, called an ex parte order, is temporary. Both parents will appear before the court within a few weeks to present arguments on why the order should or should not remain in place. A parent involved in an emergency custody hearing should have a Connecticut lawyer represent them.
An order depriving a parent of custody does not necessarily mean a parent cannot get custody rights at some later point. The law allows for the modification of custody orders when the person seeking the change can prove there has been a substantial change in circumstances that justifies a modification.
Once a parent has corrected the problem the judge cited as a reason for denying custody, they can petition the court to modify the custody order because they remediated the issues. An attorney in Southbury can help a parent persuade a judge that their goals for custody best serve their children.
Your relationship with your children might be the most precious relationship you have. Losing child custody rights in Southbury would make it more difficult to maintain your connection with them.
When your co-parent tries to deprive you of custody rights, you need the services of a skilled lawyer. Reach out today to schedule a consultation with one of our experienced custody attorneys.
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