Shared Custody in Connecticut is gaining momentum in the Family Court. Now comes a proposed bill to establish a rebuttable presumption that joint custody and equal shared parenting time are in the best interest of a minor child.
The bill stipulates that this presumption can be challenged with “clear and convincing evidence”. If the court finds that a deviation from equal parenting time is necessary, a judge is required to create a parenting time schedule that maximizes the time each parent spends with the child while ensuring the child’s welfare.
The bill is called:
AN ACT CONCERNING THE PRESUMPTION OF JOINT CUSTODY AND EQUAL SHARED PARENTING TIME IN MATTERS INVOLVING THE CARE AND CUSTODY OF A MINOR CHILD.
Many parents and Family Court attorneys support Shared Custody in Connecticut. The reasons seem obvious. Shared parenting arrangements theoretically maximize the involvement of both parents in the upbringing of their children. Essentially, the bill emphasizes the importance of equal parenting time, reflecting a growing recognition of the benefits of joint custody for children’s well-being.
Shared Custody in Connecticut
But, as with most proposals, not everyone is in favor.
Here are some reasons cited by opponents who are opposed to Shared Custody in Connecticut. Much of the information in this blog is taken from the article below.
Here’s the link:
It creates a higher standard. The new bill proposes a new burden of proof, “clear and convincing” evidence. Preponderance of evidence has long been the standard in Family Court involving parenting issues. In effect, the heightened standard will make the presumption difficult to overcome.
Does “equal” really mean “equal”? The presumption effectively requires judges to order joint custody and equal shared parenting time in every case. According to the plain meaning of the word “equal,” a judge must in every case first calculate the number of parenting hours available and then issue an order “equalizing” the time allocated to each parent.
What happened to the “best interest” of the child? It is well established that custody and other aspects of Parenting Plans focus on what is best for the child. Opponents argue that his proposed bill now shifts that focus to the equal rights of the parents and what is fair to them rather than considering the child’s best interest. As stated in stated in the article cited above, that legal standard of “fairness” directly conflicts with the long-established standard of the “best interest of the child.”
While this may be true, the child’s best interest is still relevant. For example, a parent who disagrees to shared custody can proceed to trial. At that trial, the judge will apply all of the factors in our “best interest” statute when deciding whether the presumption of equal time has been rebutted. If rebutted, the judge will order a Parenting Plan that is specific to a particular family taking into account what works best for the child. So Family Court judges will still have discretion to craft Orders that are tailored to the facts and circumstances of each case.
It remains to be seen whether this bill will ultimately pass. And, if so, will it increase, decrease or be net neutral in the number of Family Court “custody battles”?
I represent clients in divorce, custody and all Family Court related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding Shared Custody in Connecticut or any other Family Court matter.