Connecticut Legal Custody Overview
Types of Child Custody
For starters, child custody is divided into two categories: physical custody and legal custody. Physical custody, is where the child primarily lives and where the day-to-day care is provided.
Full custody?
Connecticut legal custody is often overlooked and even misunderstood. I often hear parents say they want “full custody.” There is no such term in Connecticut. When I hear “full custody” I think a parent is referring to sole legal custody.
Legal custody refers to the right to make important decisions about the child’s upbringing, including education, health care, and religious training.
How will major decisions concerning the child be made?
Sole legal custody: major decisions are made one parent without the necessity of input by the other parent. In essence, one parent is permitted to act unilaterally. This is the full custody term that many parents use.
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 or filing a motion with the court.
Factors Considered in Connecticut Legal Custody Arrangements
Custody arrangements are determined based on the best interests of the child, a standard that encompasses several factors. Courts assess the emotional bonds between the child and each parent, the ability of each parent to provide a stable environment, and the child’s adjustment to their home, school, and community. Additionally, as it relates to Connecticut legal custody, the physical and mental health of each parent, the ability to effectively co-parent as well as any history of domestic violence or substance abuse, all play a significant role in these custody determinations.
Judges may also consider the child’s preferences, particularly if they are of sufficient age and maturity to express their wishes. This holistic approach aims to ensure the child’s well-being and future stability, taking into account all relevant aspects of the family dynamic.
Connecticut Legal Custody vs. Physical Custody
Again, it is essential to distinguish between legal custody and physical custody, as they govern different aspects of parental responsibilities. Legal custody grants the parent the authority to make significant decisions concerning the child’s upbringing, while physical custody determines where the child resides. Courts may award one parent sole legal custody while granting the other parent physical custody, or they may opt for joint legal custody, allowing both parents to share decision-making responsibilities.
Understanding the nuances of these custody arrangements is vital for parents as they navigate their rights and responsibilities post-divorce. This awareness enables them to establish a framework for co-parenting that prioritizes the child’s needs while balancing the interests of both parents.
Consultation and Representation
I represent clients in all custody and other 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 Connecticut legal custody.
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.
There are Standing Orders in Connecticut Family Court. The specific Orders depend on the type of case and must be followed unless the requirements are waived or modified by a judge in that case or the matter involves a Restraining Order.
Standing Orders – Trials or Hearings
The following documents must be exchanged between the parties or their attorneys and filed with the court not less than five (5) calendar days before the assigned trial or hearing date.
- Current sworn financial affidavits, if any financial issues are involved.
- A list of all pending motions, including motions to be decided before the start of the trial or hearing. For example. Motions in Limine and Motions for a Protective Order.
- A fully completed Child Support Guidelines Worksheet, if applicable.
- Written proposed orders in accordance with Practice Book Sec. 25-30(c) and (d).
- A list of the names of all witnesses each party reasonably expects to call as part of the party’s case in chief, as well as any reasonably anticipated rebuttal witnesses, including an identifier (that is, party, eyewitness, or expert) and stating any expected scheduling problems that the witness may have. Important: This order does not replace or change the requirements regarding expert witness disclosure.
- A list of exhibits each party expects to offer: P plus a number for the Plaintiff, and D plus a letter for the Defendant, along with a brief description of each Exhibit, indicating whether any party objects to the admission of the Exhibit and if so, including a statement of the grounds for the objection if known.
- Copies of the Exhibits listed above.
Standing Orders – Case Dates
The following documents are to be exchanged and filed with the court not less than five (5) calendar days before the Case Date.
1. If there is a pending motion that concerns financial issues, current sworn financial affidavits meeting the requirements of Practice Book Sec. 25-30(a).
2. If there is a pending motion that concerns child support, a fully completed Child Support Guidelines Worksheet.
3. If a party has more than one motion that is pending at the time of the Case Date, the party shall provide:
a. A list of the motions the party intends to pursue on the Case Date. The moving party must be prepared to start the hearing of any motion on their, even if completion of the hearing requires additional time at a later date. The list shall include an estimate of the amount of hearing time expected to be required for the hearing of each listed motion. Motions shall be listed in order of the priority in which the filing party believes the motions should be heard. (Important!)
b. A list of the party’s motions that are pending but which the party does NOT intend to pursue on the Case Date as set forth in Section(B)(3)(a). Unless otherwise ordered by the court, the motions on this list shall be deemed to be scheduled for the next Case Date, if any, and if none, then for the time of trial.
4. Provide copies of proposed Exhibits to the other party.
5. A party may (but is not required to) provide written Proposed Orders in accordance with Practice Book Sec. 25-30(c) and (d).
Standing Orders Noncompliance
What happens if a party does not comply with Standing Orders? If it is a trial or hearing, the judge court may impose sanctions on the party, including a monetary sanction (fine), exclusion of evidence, or the entry of a judgment against the noncomplying party or a dismissal of the case.
On a Case Date, the court may decline to hear a pending motion for which the moving party has not complied with the Standing Orders.
I represent clients in divorce and 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 Standing Orders in Connecticut Family Court.
Can you reopen divorce proceedings in Connecticut? It is not easy but in certain situations, it is possible.
A non-appearing party may file a motion to reopen a divorce or family judgment within four (4) months. The court will listen to the reason the party did not appear in court when judgment was rendered. Usually, it concerns lack of notice or other exceptional circumstances, which prevented the party from having “their day in court.”
After four months has passed, a judgment can only be reopened if it is shown that the judgment was obtained by fraud, based upon a mutual mistake of the parties or the court lacked jurisdiction to render. a judgment.
The most common of these is fraud. Examples of fraud include, failing to disclose assets or misrepresenting relevant financial information.
There are two stages if fraud is alleged.
The first is the moving party must establish “probable cause” that fraud existed. This is not a full hearing but only a request that the court open the judgment for the limited purpose of conducting discovery.
If discovery is permitted, then another (second) hearing will be scheduled for the moving party to establish that there was indeed fraud.
For a judgment to be reopened based on fraud the following must be established:
1. Fraud existed during the divorce;
2. The party complaining about the fraud relied on the misrepresentations during the divorce process; and
3. The outcome of the case would have been different if there was no fraud.
Therefore, not every fraud will be enough to reopen a divorce judgment.
However, if fraud is found, the whole case could potentially be reopened and new orders entered. Extensive preparation and evidence is required. Obviously, the stakes are high.
I represent clients in divorce and Family Court matters though out Fairfield and New Haven County 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 to reopen divorce cases in Connecticut.
A Motion for Continuance is a request to reschedule a court date. In a Connecticut divorce case, a Continuance filing is fairly common.
Some judges grant these motions routinely. Other judges, tend to scrutinize the reasons behind the Continuance – especially if the opposing party does not consent.
Judges have a lot of discretion in deciding whether to grant or deny a Motion for Continuance. The trial court’s decision is almost always upheld on appeal.
Here are some typical factors a judge considers:
- The timeliness of the request for continuance;
- The likely length of the delay;
- The age and complexity of the case;
- The granting of other continuances in the past (weighed heavily);
- The impact of delay on the litigants, witnesses, opposing counsel and the court;
- The perceived legitimacy of the reasons offered in support of the request; and
- The [movant’s] personal responsibility for the timing of the request.
Sometimes, these motions appear to lack merit. Other times, they are unavoidable.
The moving party is always required to advise the judge whether the other parties agree to the request. Deciding to consent or object to rescheduling a court date is sometimes a difficult call. But agreeing to a continuance does not guarantee that the motion will be granted. However, in my experience it is an important factor.
There are also strategic reasons to filing this motion. And there are also tactical reasons to agree if your opponent files. Its really a case by case analysis.
I represent clients in divorce and 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 a Connecticut Divorce.
An initial divorce consultation is a great opportunity to gather information and plan next steps. Some attorneys offer free consultations. But as the saying goes “you get what you pay for.” A paid consultation is almost always the best way to get lots of information and the best advice.
Here is how to get the most out of the process.
At the consultation
Make sure to ask questions. I know the law but you know the facts. Be sure to have your most pressing issues discussed. Feel free to bring a list of questions. I always appreciate a prospective client’s thoroughness.
Suggested questions to ask me or other divorce lawyers include:
- What percentage of your practice is family law?
- How many years have you practiced family law?
- Can you provide an overview of a the Connecticut divorce process?
- Do you prefer settling cases or litigating?
- What percentage of your cases settle versus going to trial? (An experienced divorce attorney should have experience with both).
- What are the costs and fees including the initial retainer? (Although the retainer should be within your price range, keep in mind that cheaper is not always better).
- Is the unused portion of the refunded? (I would not recommend hiring any attorney who will not refund the unused portion of your retainer).
- What are your billing practices? How often will I receive an accounting of my retainer(s)? How often will I be invoiced if there is no retainer left?
After the consultation
After the meeting, ask yourself the following questions:
- Were my questions sufficiently answered?
- Does the lawyer have the required experience in handling cases like mine?
- Do you feel that the attorney had a practical approach to your case? (A more expensive attorney with a vision is better than a cheaper attorney with no clear game plan).
- Did the lawyer tell you things you didn’t want to hear? This is actually a good thing. Attorneys do clients a disservice if they only tell them what they want to hear. In a divorce case, there will always be information that you do not want to hear. You need to hear it. Unrealistic expectations often drive up legal fees and also create a rift between lawyer and client.
Connecticut Initial Divorce Consultation
I represent clients in divorce cases and all Family Court matters though out Fairfield and New Haven County 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 your initial divorce consultation.