Children often have difficulty adapting when their parents decide to live apart. The custody arrangement you choose can help or hinder their adjustment.
Our dedicated lawyers can help parents negotiate physical child custody in Southbury. We can explain the legal requirements and procedures and help you develop a child-centered plan. Call today to speak with a skilled child custody attorney.
A parent with physical custody provides a home for the child. Parents often share physical custody, meaning that the children spend substantial time living in each parent’s home.
Shared physical custody also allows other, more flexible arrangements. The parents can alternate having parenting time with the children in the family home, minimizing disruption and eliminating travel time for the children.
Connecticut law is gender-neutral regarding custody matters. Both parents have equal rights to physical custody of their children and are encouraged to share physical custody to the extent feasible in their particular circumstances. A family attorney in Southbury could guide parents through their physical child custody negotiations and help them formulate a parental responsibility plan.
Connecticut General Statutes § 46b-56 require a judge to review any proposed arrangement for physical custody and consider whether it furthers the children’s best interests. The law states that a joint custody arrangement is presumed to be in the children’s best interests if both parents agree.
Even when the parents propose a joint custody arrangement, the court must conduct an independent review. The law lists multiple factors a judge can consider when evaluating whether a custody arrangement suits the children’s best interests. However, the judge has the discretion to view other relevant information and assign whatever significance they choose to the various factors.
If the judge approves the proposed custody arrangement, they will incorporate it into an enforceable custody order. If a judge does not believe the parents’ proposal furthers the children’s best interests, they can impose a different custody arrangement. A Southbury lawyer can work with parents to develop a proposal that considers child custody’s physical and legal aspects and clearly supports the children’s best interests.
There are situations when both parents cannot have physical custody of the children. One parent’s schedule may not be flexible enough to accommodate the children, a parent may not have an appropriate home where the children can stay, or a parent may have health challenges that prevent them from safely supervising the children. In these cases, the parents may agree that sole physical custody is appropriate, and a judge may approve that arrangement.
Sometimes, one parent seeks to deprive the other of physical custody. A parent seeking sole physical custody against the other parent’s wishes must prove that the other parent poses a threat to the children’s well-being and present proof of the other parent’s unfitness. Allegations without support could backfire.
Even when a judge grants sole physical custody to one parent, the other parent will likely have substantial visitation rights. In some cases where a judge agrees that a parent may pose a danger to the children, the judge may order supervised visits for a period of time. When there is a dispute over sole physical child custody, both parents must be represented by experienced Southbury lawyers.
Your physical custody arrangement will significantly impact your children’s adjustment to their parents’ separate homes. Constructing these arrangements requires maturity, realistic expectations, and a willingness to prioritize your children’s needs over your own.
Work with a well-versed family lawyer to help you develop a plan concerning physical child custody in Southbury. Get started today—we are ready to help.
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