A Modification of Custody in Connecticut is one of the most common motions filed in Bridgeport and Stamford Courts. So just because your child custody arrangement or parenting plan in Connecticut was labeled “final” or “permanent” does not mean that it cannot be changed.
Here is a overview of a Modification of Custody in Connecticut:
1. The custody order that you want modified must be a Connecticut order. If another state entered the order, then the case must meet certain criteria to be heard here.
2. There must be a “substantial change in circumstances” since the date of the last court order. This is supposed to discourage parents from filing modifications for petty or insignificant reasons and to eliminate relitigating issues which have already been decided.
If a judge decides that there has not been a “substantial” change in circumstances the motion will be denied.
3. If there has been a “substantial change in circumstances” then a judge will modify custody using the “best interest of the child” standard.
Here are good reasons to modify custody:
Home environment – child neglect or abuse, issues with the parent’s new companion, inadequate supervision, tension with other children in the home.
School performance – grades slipping, missed assignments, disruptive behavior in class and social issues with other students.
Parental fitness – substance abuse, criminal activities and mental health issues.
Schedules – changes in employment that cause the parent to rely too heavily on daycare or third parties to care for the child or an inconsistent schedule that impacts the amount of time a parent can devote to the child.
Not following court orders – custodial parent fails to comply with a visitation schedule, impedes phone calls and emails or worse yet attempts to alienate the child from the non-custodial parent.
A Motion for Modification is the proper procedure to address these situations concerning children.
Please email me or call (203) 259-5251 if you wish to discuss a Modification of Custody in Connecticut.