To change a custody order in Connecticut, a Motion for Modification must be filed.
First, the judge must determine whether there has been a “substantial change in circumstances” since the time of the last custody order. If there has been, then the judge can modify custody. In making new custody orders, the judge will consider what is in the “child’s best interest.”
The child’s developmental needs, the ability of a parent to be actively involved in the child’s life and a parent’s capacity to understand and meet the needs of the child are among the “best interest” factors a judge will take into account when modifying custody.
A recent Superior Court case illustrates this. The child’s academic performance slipped while living with his mother so the father filed a Motion to Modify Custody. He argued that if the child continued to live with the mother his well-being could continue to deteriorate.
Apparently, the mother did not contact the child’s teachers about his grades dropping, failed to attend parent-teacher conferences and did not even know the names of his teachers. In short, she did not involve herself enough in the child’s education.
On the other hand, the father attended parent-teacher conferences, maintained daily contact with his son and the judge ultimately believed that he provided a more structured environment for the child.
Based on these considerations, the court ordered a change in custody finding that it was best for the child to live with the father.
I represent clients in Family Court throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about Connecticut Custody.