Connecticut joint custody is sometimes misunderstood. It is often used too loosely or incorrectly.
There are two aspects to child custody in Connecticut.
So when creating a Parenting Plan start with these questions:
Where will the child live? This is called residential or physical custody. Generally, there are three variations:
1. The most common arrangement is where one parent has is the primary residential parent subject to visitation by the other parent.
2. The parents may have shared plan. 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 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 these issues are decided then 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 – major decisions are made one parent without the necessity of input by the other parent. In essence, one parent is permitted to act unilaterally.
2. Joint – 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.
Start with these two questions and you are well on your way to drafting a solid Parenting Plan.
Please contact me if you want additional information on Connecticut joint custody.
Parenting Plans in Connecticut can vary greatly. Some are quite detailed – others just cover the basics. Many people think that a Parenting Plan is really just limited to a custody or visitation arrangement but it is much more than that.
So, what are the essential elements of Parenting Plan?
At a minimum, every Parenting Plan in Connecticut should address the following:
- Legal custody and other decision making responsibilities concerning education, medical issue, religious upbringing and any other important matters specific to the family;
- Residential custody (where the child lives) and other parenting time arrangements (visitation);
- A schedule for vacations, holidays and other important dates and events;
- How and when the parents will communicate about matters affecting the child;
- Third party child care arrangements;
- Conflict resolution such as mediation or co-parenting counseling;
- Transportation of the child between the parent’s homes; and
- How disciplinary matters will be handled.
Some Parenting Plans are a few pages.
Others can be ten, fifteen or more pages when it is necessary to address unique and very specific parenting issues. The “longer” Parenting Plans are also used when parental conflict is so high that every last detail must be covered or all hell will break loose.
Two other subjects I like covered. There should be language about a parent moving with a child (relocation clause) and there be consequences when a parent fails to follow the Parenting Plan. For example, the non-offending parent gets to make a particular decision or in the event of contempt, the offending parent pays legal fees.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to learn more about Parenting Plans.
In making orders concerning custody and visitation, a judge must consider the best interests of the child. But what does “best interests” mean?
Connecticut General Statutes sets forth the following factors:
- The temperament and developmental needs of the child;
- The capacity and the disposition of the parents to understand and meet the needs of the child;
- Any relevant and material information obtained from the child, including the informed preferences of the child;
- The wishes of the child’s parents as to custody;
- The past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child;
- The willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;
- Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;
- The ability of each parent to be actively involved in the life of the child;
- The child’s adjustment to his or her home, school and community environments;
- The length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendente lite in order to alleviate stress in the household;
- The stability of the child’s existing or proposed residences, or both;
- The mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;
- The child’s cultural background;
- The effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child;
- Whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and
- Whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b.
A few notes.
A judge may also consider other unique circumstances that are not on this list.
The factors do not have to be weighed equally – some will simply be more or less important depending on the particular the case. A custody dispute involving a 15 year old is fundamentally different from that involving a toddler.
Finally, the presence of true parental alienation is often weighed very heavily against the “offending” parent.
I get this questions often: Can DCF speak with my child?
It is clear that DCF is allowed to interview a child during an Investigation with the parent or guardian’s consent. And sometimes permitting a child to speak with a Social Worker makes sense.
The real question is whether a Social Worker is allowed to interview a child as part of an Investigation without the consent of the parent or guardian.
There is a statute on point is Connecticut General Statutes Section 17a-101h.
General rule: Consent of the parent or guardian is required to interview a child.
Exception: If DCF has reason to believe that the parent or guardian is the perpetrator of the alleged abuse then consent is not required.
Note that they must be investigating abuse – claims of neglect are insufficient to warrant a non-consensual interview of a child. This is a huge distinction that most Investigators fail to appreciate.
Maybe it is ignorance.
Or maybe Social Workers are simply relying on their Policy Manual, which completely misses the law.
Section 34-6 of the Policy Manual inexplicably expands the exception to include non-consensual interviews of children in all cases of abuse AND neglect.
That’s right – the DCF Policy Manual disregards the statute.
And their definition creates an unacceptable standard. If we follow their logic, there is essentially no exception since virtually every case DCF investigates involves either allegations of abuse or neglect.
The end result is that Social Workers often impermissibly interview children during Investigations.
The law is clear. But it’s ignored far too often.
Please email me or call (203) 259-5251 if you would like more information on DCF Investigations.
I imagine that there is nothing more unsettling than being investigated for child abuse. This is especially true if the Social Worker presumes a parent is guilty from the beginning. As a result, the whole Investigation is compromised and tainted as DCF searches for any evidence to support the abuse allgeations while dismissing or disregarding exculpatory or other compelling evidence.
I have blogged before about parent’s rights in the context of a Neglect Investigation. You know – not speaking to DCF, not allowing interviews, not signing releases, getting a lawyer – all the considerations I constantly stress.
But, Connecticut DCF abuse Investigations are different in two important ways.
1. Child interview. As a general rule, consent of the parent or guardian is required to interview the child as part of an Investigation. However, if DCF is investigating abuse, a child can be interviewed without a parent’s permission.
2. Law enforcement. The police are not involved in most Neglect Investigations. Not true if the allegations involve child abuse – particularly sexual abuse or physical abuse. Parents do not have to speak to the Investigator or make statements to anyone (including police) during an Investigation. This is even more important to remember if you are suspected of child abuse. Statements almost always do more harm to the parent’s position than good.
We must all support the mission of DCF to protect children by doing a thorough Investigation of alleged child abuse. The integrity of that Investigation is only enhanced when parents are aware of their rights and make well-informed decisions accordingly.
Please email me or call (203) 259-5251 if you would like more information on Connecticut Uber car accidents if you have questions about DCF abuse Investigations.
When DCF files a Neglect Petition in Connecticut Juvenile Court they can also request an Order of Temporary Custody (OTC). They will usually do this after they have executed a 96 hour hold because they believe that the child is in serious danger and therefore the child should be immediately removed for their parents.
Here are the different stages of the OTC process:
1. Ex parte. DCF presents a judge with Affidavits from social workers, pediatricians and others who have information as to why the OTC should be granted. The parents do not have an opportunity to present any evidence at this stage. The judge will review the affidavits and decide whether an OTC is necessary. If the judge signs the OTC, the parents/guardians will be served with the Order of Temporary Custody, Affidavits, Neglect Petition and Summons to appear in Court for a preliminary hearing.
2. Preliminary hearing. There will be a conference to discuss whether there is an agreement to sustain or vacate the OTC. If there is no agreement, the parents will be advised of their right to contest the OTC at an evidentiary hearing (trial) within 10 days. This is an extremely important decision. Sometimes it makes sense to waive the 10-day hearing – like when a criminal case or investigation is pending. However, other times the best strategy is to contest the continuation of the OTC and have a trial on the issue.
3. The 10-day hearing. At the OTC trial, DCF presents documents and testimony to establish that the child is in imminent risk of physical harm from their surroundings. The parents have a chance to cross-examine these witnesses and present their own witnesses to convince the judge that the child should be returned to their custody. The judge will usually issue a decision from the bench.
I represent families in DCF matters 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 if you have questions about an OTC in Connecticut.