Fighting with a co-parent over child custody can be emotionally devastating for everyone involved, especially your children. Unfortunately, when parents cannot compromise on their custody issues, a judge must make the final decision.
The judge will hold a hearing to consider evidence and testimony before deciding. Luckily, one of our experienced child custody attorneys can work with you on your case. We can help you make a persuasive case to achieve your custody goals and protect your rights when preparing for a child custody hearing in Southbury.
Judges must decide any custody issue based on the children’s best interests. When parents are in a custody dispute, they likely have different ideas about what is best for their children. Judges will consider each parent’s arguments but also often appreciate the input of a neutral outsider.
In such cases, a judge could appoint a third party to provide additional information. When the court has not appointed an objective evaluator, either parent can ask the judge to do so before the custody hearing. A Southbury attorney can evaluate the risks and benefits of asking the judge to appoint a third party in a specific case while preparing for a child custody proceeding.
A GAL is an attorney with special training in child custody disputes. The GAL visits both homes, gets to know the parents and children, and may also speak with others like extended family, teachers, coaches, and therapists or counselors.
According to Connecticut General Statutes § 46b-54, the GAL’s sole focus is evaluating which custody arrangement would best serve the children’s interests. The GAL submits a report to the judge with their recommendation. The judge has discretion about how much weight to give the GAL’s recommendation.
A custody evaluator also interviews the parents and children and visits both parents’ homes. The custody evaluator also makes a recommendation, but it is not based solely on the children’s best interests. The evaluator considers all factors that might impact a custody arrangement.
Sometimes judges want a professional opinion about the emotional condition of a child or a parent’s mental health status and parenting skills. The judge could appoint a therapist or other mental health professional to evaluate the family, one or both parents, or one or all children. The therapist sends a report to the judge, which could influence their custody decision.
When a custody dispute requires a hearing before the judge, each side can try and claim that the other is not a safe or responsible parent. A judge will not give weight to claims that lack evidence.
The type of evidence required depends on the nature of the claims. When preparing for a custody hearing, a Southbury parent might want to acquire the following:
Courts sometimes hear testimony about incidents others may have witnessed that could shed light on a parent/child dynamic. They can also consider the children’s preferences if they choose, but children usually do not testify in court about their preferred living arrangements. Instead, a judge might interview a child privately in their chambers or the GAL, custody evaluator, therapist, or other third party might elicit this information and relay it to the judge.
Judges want to see parents working together for the good of their children. When parents cannot do that, the judge will evaluate whether either parent is using their children to hurt or score points against the other. If so, the judge might favor awarding custody to the parent who is more mature in managing their feelings and not using the children as a pawn.
A Southbury attorney can counsel a parent about how to achieve their custody hearing goals without disparagement, manipulation, or putting the children in the middle. Maintaining a consistently calm demeanor and shielding the children from the co-parents’ disagreement can reassure a judge that a parent is capable, responsible, and emotionally intelligent enough to manage a difficult dynamic.
Custody hearings are stressful because the stakes could not be higher. You need experienced legal representation to make a robust case supporting your desired outcome.
Thoroughly preparing for a child custody hearing in Southbury is essential. Contact us today to schedule a consultation.
N/a
