Most states require judges to base custody and visitation decisions on the children’s best interests. Often, they will ask judges to look at similar factors when making a best interest determination.
Connecticut is similar to other states in this regard. However, visitation in Southbury has some unique aspects. If you are navigating these issues in an atypical situation, contact one of our seasoned visitation attorneys for help.
Many states deny the right to visitation to any parent who is convicted of murdering the other parent or one of their children. Connecticut’s prohibition is broader.
Connecticut General Statutes § 46b-59b says that a judge shall not allow visitation to any parent who has been convicted of murder. The murder victim need not have been a member of the family.
The law carves out an exception for situations in which a child of an appropriate age requests the right to visit their parent convicted of murder. The other parent must consent to the visitation. In this unique situation, a Southbury visitation lawyer can help a parent and child prepare a petition to the court asking for leave to visit the other parent.
Only legal parents have custody and visitation rights. A mother who gives birth to a child is a legal parent unless she relinquishes her parental rights. Determining legal parentage can get complicated when a couple uses a surrogate or assisted reproductive technology (ART) to have a baby.
The Connecticut Parentage Act extends full parental rights to non-biological parents who expand their families through surrogacy or ART. It allows intended parents to sign acknowledgments of parentage, establishing them as legal parents.
When they have signed the acknowledgment of parentage, non-biological parents need not adopt the child to have legal parental rights in Connecticut. However, other states may not recognize an Acknowledgment of Parentage as sufficient proof of legal status.
Couples who plan to travel out of the jurisdiction or relocate to another state or country should consult a Southbury attorney about whether a non-biological parent should formally adopt the child to ensure continued protection of their parental rights, including the right to visitation.
Connecticut allows non-parents to apply for visitation rights over the objection of a child’s parents. Grandparents, aunts and uncles, and stepparents may seek the right to visit a child periodically.
The person seeking visitation must prove they had a parent-like relationship with the child. They also must show that the child would suffer harm if the connection was severed and they were not allowed to visit.
Judges typically defer to parents unless the parents’ decisions are clearly not in their children’s best interests. Seeking visitation over the parents’ objection is challenging, but the courts grant visitation to third parties in appropriate cases. Anyone seeking court-ordered visitation with a child who is not theirs should work with a skilled and experienced Southbury lawyer.
Visitation issues are often complex. The stakes are high; anyone seeking visitation should get guidance from a skilled legal professional.
Our knowledgeable family lawyers are familiar with the unique aspects of visitation in Southbury. If you are struggling with an unusual visitation situation, contact us today for help.
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