Parents involved in a divorce or custody dispute sometimes desire full custody of their children. The law generally favors arrangements that allow both parents substantial time with the children and input into raising them. A parent seeking full custody must prove their co-parent cannot provide an appropriate environment for children and is not fit to share decision-making responsibility.
Obtaining full child custody in Southbury is not easy, but one of our skilled child custody attorneys can help. We can review your situation and provide a candid assessment of whether it is possible for you to gain sole custody. We will devise a custody strategy that protects your children and serves their best interests.
The law recognizes two types of custody: legal and physical. Legal custody entails decision-making responsibility regarding the children. The law favors joint legal custody because it allows the children to benefit from the input of both their parents. Physical custody means where the children live. Shared physical custody means the children spend as much time in both parent’s home as is practicable.
When a parent seeks full custody, they want the children to live with them full-time and to have sole decision-making authority. Even when judges grant sole physical custody, Connecticut General Statutes § 46b-56(b)(3) allows the other parent visitation rights, or parenting time.
When a parent has sole legal custody, the other parent has the right to educational and health information about the child. A parent who wants to limit their co-parent’s influence on the children needs the help of a skilled Southbury attorney to overcome this presumption.
A parent seeking full custody rights against their co-parent’s wishes must demonstrate with persuasive evidence that their co-parent is not able to safely and appropriately parent their children.
When a parent has shown little interest in or involvement with the children, the other parent’s case for sole custody is stronger. Even so, when a parent seeks custody rights, the law requires a judge to have good reasons to deny them. A judge might award sole custody when a parent can prove that their co-parent:
A parent seeking full custody must present persuasive evidence to support their request. A Southbury attorney can help a parent compile documents and secure witness testimony to show that the co-parent cannot provide a safe and appropriate home.
Awarding sole custody is not the same as terminating a parent’s rights. Courts do not extinguish a parent’s rights except when there is evidence that the parent is unfit and, therefore, a continued relationship would be harmful to the child. A lawyer can advise a parent whether sufficient evidence exists to bring a motion to terminate a parent’s legal rights.
When a Southbury judge awards sole custody to one parent, the co-parent maintains their legal parental rights. This includes the right to regular visitation with the child in most cases. When the custodial parent believes that visitation in the other parent’s home is dangerous, they can request that visits take place at another location and prohibit overnight visits. A court can order that another adult supervise the visits if there is concern the parent cannot be safe and appropriate when alone with the children.
A parent awarded full custody should be aware that courts will modify custody orders if the person seeking the change can show that doing so serves the children’s best interests. A parent without custody might correct the problem that led to them being denied custody rights and seek a change to the order.
Most families thrive best when both parents have a role in the children’s lives. However, in some families, it is best for one parent to have full custody.
Contact one of our attorneys about obtaining full child custody in Southbury. They can help you prepare the strongest case possible to achieve your goal. Reach out today.
N/a
