What is “joint custody” in Connecticut? ”
I field a lot of phone calls on this issue. Here is how custody really works in Connecticut or what “joint custody” does or does not mean.
Whether I am representing a parent in a contested custody case or have been appointed by the Court as a child’s attorney or guardian ad litem, I find it useful in creating a parenting plan to analyze custody by answering the following questions:
Where will the child live? This is called residential custody and also known as physical custody. Generally, there are three variations:
1. The most common arrangement is where one parent has primary residential custody subject to visitation by the other parent.
2. The parents may share physical custody. In such an arrangement, the child essentially has two homes with toys, clothes and possessions in the homes of both parents. This may not be a strict 50/50 arrangement but the schedule sets forth substantial time for the child with both parents in both homes.
3. A final variation of residential custody is “split custody” which involves two or more children where one child lives primarily with one parent and at least one other child lives primarily with the other parent.
Once issues of residential custody and parenting time (visitation) have been determined decision-making should be addressed.
How will major decisions concerning the child be made? This known as legal custody. The major decisions involve a child’s health, education and religious upbringing. There are two possibilities:
1. Sole custody – major decisions are made one parent without the necessity of input by the other parent.
2. Joint legal custody – both parents are involved in the decision making process. In the event of an impasse between the parents the divorce decree will spell out a way to resolve the dispute which may include final decision making authority to one parent, participating in mediation, soliciting the input of the child’s therapist or filing a motion with the court.
The concept of joint custody alone does not exist. Rather custody must be addressed both in terms of where and when the child will spend time with each parent and how important decisions concerning the child will be made.
Connecticut Joint Custody Attorney
I represent clients with joint custody issues throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 for a consultation if you have questions about Connecticut joint custody.