Child Custody in Connecticut

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Connecticut court will intervene and establish custody arrangements based on the best interests of the child.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

The state of Connecticut has a statutory presumption favoring joint custody if the parties agree to it. If the court does not favor joint custody, it must state its reasons for denying it. Connecticut courts may award joint legal custody with primary physical custody to one parent. Visitation may be granted to grandparents or any other person if the court finds that it is in the child's best interests.

 

According to lawyers.com, courts consider various factors when awarding child custody, most importantly the best interests of the child. This “best interest” standard varies state to state, but some of the most common standards applied by various states include the following: 

 

  • Wishes of the child (if he or she is old enough to capably express a reasonable preference)
  • Mental and physical health of the parents
  • Religion and/or cultural considerations
  • Need for the continuation of a stable home environment
  • Support and opportunity for interaction with members of the extended family of either parent
  • Interaction and interrelationship with other members of the household
  • Adjustment to school and the community
  • Age and sex of the child
  • Parental use of excessive discipline or emotional abuse
  • Evidence of parental drug, alcohol, or sex abuse

 

Under Connecticut law, courts consider the following specific factors when determining child custody:

  • The child's preference
  • The child's relationship with each party
  • Which parent has demonstrated greater responsibility towards the child
  • The ability of each parent to provide for the child's physical, intellectual, and emotional well-being
  • Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent

 

The Judicial Department of the State of Connecticut has established a “parenting education program” meant to educate parties on the impact that the restructuring of families has on children. According to Connecticut General Statute §46b-69b, the parenting course includes information about the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children, and cooperative parenting.