Child custody revolves around determining who has the right to make decisions regarding your child, your child’s place of residence, and arrangements to ensure that the parents spend adequate time with the child after divorce or when the government intervenes.
“Usually, parents will be interested in knowing their legal rights, responsibilities, and necessary actions to secure the best interests of their children. Lawyers help make this clear while also helping with navigating the legal aspects of it,” says Connecticut DCF defense lawyer Mark Sherman of Connecticut DCF Defenders.
The following are critical facts regarding child custody you need to know.
Child Custody Types
In Connecticut, the law divides child custody into two broad categories, legal and physical custody. Legal custody concerns who makes significant decisions for your children regarding their education, medical care, religious upbringing, and mental well-being. Physical custody is primarily concerned with where the children reside and how their time is divided between the parents.
With both legal and physical custody, we have joint and sole custody to consider. Joint legal custody simply means that both parents play a significant role in making all important decisions regarding the child’s education, medical care, and welfare. When there is sole legal custody, only one parent is in charge.
Joint physical custody often implies that the child regularly switches homes, dividing their time equally. On the other hand, sole physical custody means the child remains with one parent most of the time, with occasional visits with the other parent.
Child Custody Decision-Making Process
While addressing custody matters involving children, judicial decisions consider only the best interests of the minors. Judges consider various factors, such as the child’s age, character, emotional stability, the child’s relationship with each parent, and the stability of the child’s household. Also, judges take into account practical issues such as feeding and transporting the child from place to place, and making them feel loved and safe.
In addition, the court evaluates whether the parents create an atmosphere conducive to maintaining a relationship between the child and the other parent, as opposed to those who try to sever these ties.
As safety concerns are paramount, allegations about domestic violence, abuse, neglect, substance abuse, psychological disorders, and untreated mental illnesses may completely undermine the parent’s chances in the custody battle. If you are under DCF investigations, putting up a solid defense against DCF investigations can help you avoid outcomes that can affect your custody case.
Is a Child Custody Order Final?
The main function of a child custody order is to provide stability for a family. However, it can be modified if there are dramatic changes in circumstances that benefit the child. Modifications can occur for many reasons, such as relocation of one of the parents, repeated disruption of access visits by either of them, alteration of the child’s needs and development, increased importance of educational matters, emergence of health-related issues, and various obstacles that impact one of the parties’ capabilities of being a parent.
To modify a custody or parenting order, the moving party files a motion to modify the order. It should contain factual information provided in the evidence documents. In certain cases, the parent might need witnesses to prove that modifying the previous agreement would benefit the child’s interests.
Alternatively, one can challenge the court ruling directly by appealing on time or by seeking to reopen the judgment in court proceedings.
Importance of Legal Representation
Custody disputes usually boil down to proving certain facts. Having a lawyer is essential, as they have relevant, comprehensive knowledge that can help secure a win at trial.
Be serious about all paperwork, text messages, and court appearances. Early legal representation means everything; it can influence any temporary orders made and help ensure your reputation stays intact. If your custody case overlaps with a defense against DCF investigations, it helps you put together a clear case for why your custody plan is in your child’s best interests, because the court may not be as kind to you.
