Determining questions of child custody is often the most contentious part of divorces. The decision of the judge will have a lasting impact on both ex-spouses and the children for many years. It is therefore crucial that any person going through a divorce in Connecticut become familiar with how the court reaches its determination, and the consequences of that determination.
Best Interests of the Child
When a Connecticut court is deciding child custody issues, the main factor it considers is the best interests of the child. The court, to a much lesser extent, also considers the parents' wishes, but it is the best wishes of the child that is the court's main consideration.
The court has a lot of discretion in determining what the best interests of the child are. In child custody cases, the court attempts to place the child in a stable environment that will foster the child's sustained growth, development and well-being. Some of the factors that a court considers when determining the best interests of the child are:
- Each parent's parenting skills
- The child's emotional ties to each parent
- The psychological stability of each parent
- If the child is in a stable and loving environment
Once the court has considered the best interests of the child, it awards custody. A court may award joint custody or sole custody.
Custody Arrangements
In joint custody arrangements, both parents have legal custody of the child. This means both parents have the right to make decisions affecting the child's life such as education, religion and medical care. The court may award joint physical custody, where the child spends time living with both parents. If the parents cannot agree on physical custody, the court may award only joint legal custody, which means each parent will share in decision-making for the child.
Sole custody generally gives one parent all the responsibility for decisions affecting the child's welfare. Unless the court judges the noncustodial parent as unfit, sole custody does not cut the noncustodial parent out of the child's life. Most of the time, a noncustodial parent can visit the child based on a schedule.
Courts presume that a joint custody arrangement is in the best interest of the child and heavily favor it. However, a court will award another type of custody arrangement, if the circumstances warrant it. In extreme cases, the court may award custody of the child to a third party.
Since the court has a great deal of discretion in child custody cases, parents seeking custody of their children need to present themselves to the court in the best possible light. Having an experienced family law attorney on your side can make a significant difference in your case.
