Child Custody Lawyers in Westport, CT

Child custody is a legal term that signifies the rights that each parent or one parent may have in regards to the guardianship, supervision, and domilicing of their children or child.

Generally, there are two (2) types of child custody:

Physical Child Custody

Legal Child Custody

The purpose and scope of child custody determines and establishes both schedules and rules for he "co-parenting"  of a child or children.   Child custody ultimately is defined in a court order (inclusive of a Parenting Plan) for parents who are:

• Divorcing;
• Have been divorced (e.g. a parent seeking a post judgment modification to child custody/parenting plan; a parent seeing and enforcement action);
• Or, were never married;

In many situations in Fairfield County, a court order may not place parents on equal footing with respect to their custody arrangement and/or Parenting Plan--A family judge will designate them as the Custodial vs Noncustodial parent.  And, while parents generally retain many rights to their children (regardless of this designation), assertion and efficacy of parental rights hinges on the related classifications and definitions included in their court order.

It is important to seek the advice of experienced divorce and family law attorneys when asserting, defining, and ultimately enforcing your Parental Rights with respect to these two aspects f child custody.

By law, child custody arrangements are determined based on what is deemed to be in the best interests of the child.

Connecticut Family Court Judges must consider a broad range of statutory factors when determining what is in a child’s best interests and their formulation of the related custody orders. Judges have an enormous amount of discretion in weighing and balancing statutory factors when forming their court orders, which sixteen (16) factors include:

(1) The temperament and developmental needs of the child;

(2) the capacity and the disposition of the parents to understand and meet the needs of the child;

(3) any relevant and material information obtained from the child, including the informed preferences of the child;

(4) the wishes of the child’s parents as to custody;

(5) 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;

(6) 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;

(7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;

(8) the ability of each parent to be actively involved in the life of the child;

(9) the child’s adjustment to his or her home, school and community environments;

(10) 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;

(11) the stability of the child’s existing or proposed residences, or both;

(12) 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;

(13) the child’s cultural background;

(14) 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;

(15) whether the child or a sibling of the child has been abused or neglected; and

(16) whether the party satisfactorily completed participation in a parenting education program.
Family Court Judges tend to favor orders that allow both parents to co-parent, and both actively participate, but this does not always mean equally.
Parents can negotiate and enter into child custody arrangements and parenting plans by agreement. In most cases, far better results are achieved by parents who manage to negotiate a child custody agreement/parenting plan through compromise than to go to trial and have a family judge decide.

Examples of serious custody or visitation violations that may rise to a level that a family judge deems are not in the best interest of the child:

• Frequently missed visitation times or exchanges (chronic and/or harmful patterns);
• Consistent tardiness or early arrivals (that create disruption to the child’s routine and normal function);
• Persistent disturbances designed to intentionally disrupt your visitation and/or scheduled time;
• Refusal to take the kids to the doctors, school, therapy, etc.;
• Verbal or physical abuse of the child;
• Alcohol or substance abuse around the child;
• Keeping the child with you for a longer visit than what is provided for in the custody or visitation order;
• Failure to inform the other parent of the child’s whereabouts;
• Taking the child on a vacation or trip without prior approval;
• Taking the child out of the state or out of the country without approval (can lead to federal and international issues);
• Allowing an unauthorized person to care for the child;
• Attempts to interfere with the relationship between the child and the other parent;

Physical Child Custody

Physical custody refers to where a child will primarily live and which parent will care for them on a daily basis.

Joint or shared custody is most common in which the child or children may spend time living with both parents, but on terms and/or a schedule that is not always equally divided.

Legal Child Custody

Legal custody refers to a parent’s decision making authority/rights with respect to their child.
These “major” decisions typically revolve around education, healthcare, religion, and general upbringing. Some examples of decisions a parent with legal custody will be able to make the decision if they want their child to attend public or private school; if they want their child to be vaccinated; or, if they want their child to be involved in a religious group, etc.

There are two types of legal custody arrangements in Connecticut:

Joint Custody

Sole Custody

Joint Custody / Shared Custody (described)

Joint child custody (a.k.a. “shared custody”) is the most common type of custody arrangement in Connecticut. This is when both parents share responsibilities for their child/children. This could mean both parents share responsibilities when it comes to physical custody–meaning a child goes back and forth between living with both parents; and/or the parents share legal custody–meaning the parents make joint decisions about their child/children with respect to things like healthcare, education, and religion.

Typically, when parents have joint physical custody they also have joint legal custody, however the inverse is not as consistently true, meaning–joint legal custody awards do not always correlate or align as directly with shared physical custody.

Sole Custody (described)

Sole legal custody is when one parent is awarded full responsibility for making all major parenting decisions about a child’s life and the other parent is allowed very minimal or no involvement. Sole physical and/or sole legal custody is generally awarded when one parent is deemed unfit typically for drug, financial, alcohol, or abuse issues. Courts are not fond of granting sole custody; Courts ideally want both parents to be involved in each child’s life. Even if sole legal custody is awarded to one parent, it is likely that the other parent will receive some sort of visitation rights. Demonstrating to a family law judge that sole custody will be in the best interests of a child is a very high bar to clear.

Physical Child Custody

Physical custody refers to where a child will primarily live and which parent will care for them on a daily basis.

Joint or shared custody is most common in which the child or children may spend time living with both parents, but on terms and/or a schedule that is not always equally divided.

Legal custody refers to a parent’s decision making authority/rights with respect to their child.

These “major” decisions typically revolve around education, healthcare, religion, and general upbringing. Some examples of decisions a parent with legal custody will be able to make the decision if they want their child to attend public or private school; if they want their child to be vaccinated; or, if they want their child to be involved in a religious group, etc.

There are two types of legal custody arrangements in Connecticut:

Joint Custody

Sole Custody

Disputes involving contested custody arrangements, visitation, and parenting plans that are part of a pending divorce action can take a long time to fully resolve in court — until final orders are issued by the court.

During the pendency of divorce actions, temporary orders are routinely issued family court judges as an interim step to ensure that sufficient structure, process, and rules are in place that protect the best interests of the child(ren).

Temporary custody orders are also useful in situations where one parent is unfit (for reasons such as substance abuse, sexual abuse, mental illness, and/or violence). If evidence can be presented that demonstrates your child’s safety or well-being is in jeopardy, then pursuing a temporary custody order is an appropriate course of action to protect the best interests of your child.

If or when DCF gets involved in your case and believes your child is in danger and neglected, they too can ask the court for permission to remove your child from your or a parent’s custody. Often, DCF will ask for temporary custody. A judge will decide whether to give DCF permission to keep your child until there is a hearing.

A temporary custody order is a legal decision by the court to award physical and legal custody of a minor child to an adult who may or may not be the child’s legal parent for a set period of time. Temporary custody orders do not turn final and are only temporary. These may be ordered by the court pendent lite (during the case), or following a granting of an ex parte application (until the hearing on the ex parte´ application is heard).

Temporary custody orders do not become final orders without a new order from a judge. However, once a temporary custody order is put in place, it lasts until a date stated in the order, or until a judge makes a new custody ruling.

Once a Temporary Custody Order is put in place, it lasts until a date stated in the order, or until a judge makes a new custody ruling.

Yes, a custody order (whether Temporary or relating to a prior judgement) may be modified upon a finding of a “material change in circumstances” and that the orders no longer serve in the best interest of the child or children.

Every situation is unique, but examples of situations that may support a successful application for a Modification of Child Custody are:

• One parent is attempting to alienate the child from the other parent;
• The child and/or a parent is facing physical abuse;
• The child and/or a parent is facing mental and or physical health issues;
• The health and/or safety of the child is compromised in any way;

If the facts of your situation meet the standard of a “material change in circumstances” with respect to your child custody matter, you may decide to file a Motion for Modification. A hearing is then scheduled, the matter is heard, evidence is presented, and a family law judge takes the motion under consideration and issues revised orders.

Upon a finding of a “material change in circumstances” warranting a modification, the judge uses the same standard when deciding the motion to modify as was used in the original determination of your custody orders: “what is the best interest of the child” for your Motion to Modify.

Yes, Police can enforce Child Custody Orders, but are reluctant to do so.  Generally, police officers avoid getting involved in family matters unless the custody or visitation violation rises to the level of a crime like child abuse, abduction, or kidnapping.  What happens when you call the police will vary greatly from town to town and which officers show up at your house.

When it comes to the health and safety of your kids, you should always trust your instincts. If by way of example, you have legitimate concerns for their well-being in the care of the other parent based on some prior knowledge or statement, you should call the police.

If your child or children are in immediate danger, CALL 911.

Depending on the situation, the officer may simply direct you back to court, but if you end up in front of a judge, you will at least have the police report as evidence to help support your case.

An emergency ex parte application for custody is an application that is filed with the court asking for an order to be issued without a full-hearing on the issue, based only on the representations included in an affidavit attached to the application. It is only used in extreme situations when imminent physical or psychological danger threatens the physical and/or emotional safety and welfare of a child or children. If the judge issues an emergency ex parte order based on the application, the judge will schedule a hearing where both parties have the opportunity to appear within 14 days and the other party must be served at least 5 days before that hearing.

Even if the application is denied, the judge will enter a hearing date for the underlying allegations and claims for relief sought in the ex parte application.

Emergency ex parte applications for custody can be filed in emergency situations when an immediate and present risk of physical danger or psychological harm to the child or children exists.

Produce tangible evidence that demonstrates that your child or children are in immediate, imminent physical and/or psychological harm that threatens their safety or well being.

Once a temporary custody order is put in place, it lasts until a date stated in the order, or until a judge makes a new custody ruling.

A child custody agreement that has been approved by a Connecticut family law judge and entered as an order of the court is legally binding on the parties involved.

If a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court upon a finding of a willful violation of a clear court order. The parent who violates the order can face serious consequences. Always remember, the Court’s primary directive is to determine and protect the best interests of the child.

With all that said, there are three ways to pursue enforce a Child Custody or Visitation Order:

COMPROMISE AND COMMON SENSE (negotiation with the help of a skilled family lawyer and perhaps some form of limited scope mediation or similar negotiation process);

POLICE INTERVENTION;

MOTION TO ENFORCE / MOTION FOR CONTEMPT (which seeks to enforce the order and/or hold the other parent in contempt of court for violating the court order);

Document and Gather Evidence of Violations

Keep a written record of all violations in a calendar or journal. Include dates, times, and detailed descriptions of each problem, event, problematic interaction. Timestamped social media posts, pictures, and texts can also be helpful. Keep copies of any police reports or other papers, including copies of emails and/or phone records.

What is the difference between a Custodial and Noncustodial Parent?

In child custody cases, the court generally refers to two types of parents (with respect to physical custody):  custodial and noncustodial.  The difference between these two designations is the extent that which "physical custody" is divided between the co-parents.  These designations depend on the unique facts and circumstances at play, such as how much time and decision-making involvement a parent already exercises with respect to the child and/or children.

•  A Custodial Parent is the parent that lives with and cares for their minor child for all of the time (in instances when "sole physical custody" is awarded) or most of the time (when "primary physical custody"  is awarded). The Custodial Parent has a disproportionate amount of physical time with the child.
  • Note:
    • Physical Custody specifically is a term of reference as to how a child's day-to-day care and residence is defined by the court's orders;
    • By contrast, Legal Custody matters revolve around major decision making about such issues as schooling, religious upbringing, and ongoing medical care--and so are separately defined and fall outside the scope of this term;

• A Noncustodial Parent, could have the child on a limited basis or only have visitation rights;
  • Or, a noncustodial parent designation could mean that the child primarily resides with the other parent (in a award of  "primary physical custody");
  • Noncustodial parents might have slightly less or significantly less time with the child than the Custodial parent, or one parent might be designated as a noncustodial parent simply based on where the child is enrolled in the school;
  • It is not uncommon for Noncustodial parents to have a lesser role in the decision-making process with respect to Legal Custody;
  • Non-custodial parents often have child support obligations. A parent without legal or primary physical custody may still have to make periodic payments to the other party according to the court’s orders;

It is generally agreed and accepted  in Connecticut that a child's interest is best served by a joint physical custody arrangement/parenting plan.

And so within the context of capturing the nuances in the practical execution of joint physical custody arrangements--what generally differentiates a custodial and noncustodial parent is the degree to which the physical custody arrangement is awarded/ordered by the court.

How is a custodial parent determined by the family court in Connecticut?

Connecticut family courts make custody decisions based on a single standard:  what is in "the best interests of the child or children."

Through that lends, a family court judge must consider (by statute) a long list of factors/criteria when making that determination.

Family court judges have very broad discretion in making determinations and issuing orders and their orders need not be "equal."   This includes determination of physical custody,  a child's primary residence, and which parent will be responsible to lead as custodial parent.

What are a Custodial Parent's responsibilities?

The rights and responsibilities of the custodial parent vary from case to case but a Custodial Parent is awarded more physical time with the child and may have more decision-making responsibilities. A Custodial Parent may also have some obligation to seek input or approval from the child’s other parent.

Is Connecticut a 50/50 Child Custody State?

No, Connecticut is not a 50/50 Child Custody State.

In Connecticut, Child Custody is ultimately determined by a clear standard: "the best interested of the child or children."  Through that lends, judges must consider a wide range of statutory factors in making their determinations/orders, but have  broad discretion with their making orders/decisions/determinations.

In Connecticut there are two types of Child Custody:

• Physical Custody--which refers to where a child will primarily live and which parent will care for them on a daily basis;

• Legal Custody--which refers to a parent’s decision making authority/rights with respect to their child;

Court orders are not required to be equal.  In many situations in Fairfield County, a court order does not place parents on equal footing with respect to their custody arrangement and/or Parenting Plan--A family judge will designate them as the Custodial vs Noncustodial parent.

And, while parents generally retain many rights to their children (regardless of this designation), the assertion and efficacy of parental rights hinge on the related classifications and definitions included in the respective court order.

Can parents determine their own child custody arrangement in Connecticut?

Yes, parents can reach their own agreements regarding custody.

Parents may come to an agreement on their own, with the help of a mediator, or through negotiation with the assistance of an experienced divorce and family law attorney.

Notwithstanding, a court will ultimately review a proposed custody arrangement/agreement to ensure it serves "the best interests of  child or children."

What is Sole Child Custody in Connecticut?

Sole legal custody is when one parent is awarded full responsibility for making all major parenting decisions about a child’s life and the other parent is allowed very minimal or no involvement. Sole physical and/or sole legal custody is generally awarded when one parent is deemed unfit typically for drug, financial, alcohol, or abuse issues. Courts are not fond of granting sole custody; Courts ideally want both parents to be involved in each child’s life. Even if sole legal custody is awarded to one parent, it is likely that the other parent will receive some sort of visitation rights. Demonstrating to a family law judge that sole custody will be in the best interests of a child is a very high bar to clear.

Generally speaking, when someone refers to “Sole Custody” and doesn’t specify whether it’s Legal or Physical, it means that both are sole.

Note that Sole Custody in the favor of one parent is not supposed to cut the other parent entirely out of the child’s life.  Sole Custody doesn’t mean that the other parent doesn’t have visitation rights.   In situations where an ex-spouse is awarded Sole Physical Custody, you (a "Noncustodial Parent") still have Parental Rights.

What is a Parenting Plan?

A Parenting Plan is one of the main elements in a divorce decree/agreement. The Parenting Plan that is developed in the process of your divorce will have a profound impact on the relationship that you have with your children and the future dynamics of your family relationships post-divorce. It is therefore critical to involve experienced family lawyers to design and craft a comprehensive and thoughtful plan.

What elements must be included in a Parenting Plan under Connecticut Law?

Connecticut Law requires that a Parenting Plan include the following:

• A schedule that describes the children’s living arrangements (a.k.a. physical custody);
• A schedule that describes the day to day responsibilities of each parent and the practical considerations of the children’s daily lives;
• A listing and description of decision-making authorities of the parents (a.k.a. Legal Custody and all its components) -- (e.g. healthcare, education, religious upbringing);
• An inventory of each child’s specific needs over time;
• An outline for dispute resolution that will be used -- should any arise;
• Articulation of specific remedies if or when either parent fails to comply with the Parenting Plan;
• Description of parental actions and de-escalation steps designed to minimize conflicts between parents;

Many other nuanced issues and questions can and are often addressed in Parenting Plans (some examples):

• Who will provide health insurance for the children?
• Which third parties may or may not visit and communicate with the children?
• How will the co-parents communicate with each other and/or with the children?
• What is the procedure for overnight transitions and drop-offs?
• Who gets to attend which school activities?

Needle | Cuda: Divorce and Family has extensive experience crafting comprehensive and enforceable parent plans for Connecticut families.

"Birdnesting" is a type of Physical Custody arrangement that enables children to remain in the family home (the house that they have always known) and spend time with each parent there.   In a "birdnesting" arrangement, the children live in the family home 100% of the time and the parents rotate on a schedule.  A co-parent stays at the home during their agreed upon custody/visitation time, but then the stay elsewhere when they’re "off duty."

Birdnesting places many of the practical burdens of divorce on parents as opposed to the children--the parents are the ones that carry the practical burden of visitation "transitions"--not the kids.

In some cases, each co-parent will maintain separate residence (e.g. an apartment or condo) making it a three property scenario, but other co-parents choose to rotate back-and-forth to "shared" apartment--to conserve financial resources.  In this way, a birdnesting arrangement can offer a financial benefit--rather than supporting two homes with full benefit to the children, only one is required.

It is thought that a birdnesting arrangement enhances the children's sense of security; minimizes anxieties and/or emotional triggers; and preserves confidence so that kids can better deal with the process of their parent's separation.   By way of example, a Birdnesting arrangement can ensure the children will remain in their school and maintain the same friends.

An Educational Support Order is a court order requiring a parent to provide support for a child or children to attend a higher education institution or a private occupational school for up to a total of four (4) full academic years to attain a bachelor’s or other undergraduate degree, or other appropriate vocational instruction.  Both parents must participate in the decision as to which institution of higher education or private occupational school the child will attend. If the parents fail to reach an agreement, the court may make an order to resolve the matter (CGS § 46b-56c).

While child support orders typically end when children turn 18 years old or are emancipated, Connecticut courts may order divorcing parents to support their children until the age of 23 years if enrolled in college or a vocational training program. Such orders may include expenses for tuition, room, board, books, fees, application costs and medical and dental care.

A Connecticut Court can only order either parent to contribute towards the education of a child up to the amount of in-state tuition for the University of Connecticut (aka the “UConn Cap”).

Eligibility for Payment in an Educational Support Order

To qualify for payments under an educational support order, the child must:

• Enroll in an accredited institution of higher education or private occupational school;
• Actively pursue a course of study commensurate with the child’s vocational goals that constitutes at least one-half the full time course load as determined by that institution or school;
• Maintain good academic standing in accordance with the institution or school rules, and
• Make all academic records available to both parents during the term of the order.

If a child fails to comply with these conditions, the order is suspended after any academic period during which the noncompliance occurs.

The court considers several factors when determining educational support orders, including:

• Assets and financial liabilities of the parents;
• The needs of the child for support to attend school, including the child’s earning capacity;
• The possibility of financial aid from other sources such as grants and loans;
• How reasonable it is to fund higher education, given the child’s academic record and the family’s finances;
• Whether the parents would have funded the child’s education if the family were still intact;
• A child’s demonstrable commitment to higher education;
• Evidence about the school the child will attend;

With respect to parents, both the mother and the father of a child have a legal right to seek custody of the child and/or visitation time with the child or children in Connecticut. When a child custody case begins both the mother and the father are treated equally and have equal rights.

More broadly, anyone who was involved in the child’s life can petition the court for visitation rights in Connecticut. So, technically speaking someone like a stepparent or aunt could petition for visitation rights because the court recognizes they might have had a significant relationship with the child. Typically, this is extremely difficult task as the court will want to see evidence and a relationship history that demonstrates the following:

• A parent-like relationship has been established and maintained over time with the third party and child.
• Denial of visitation to this third party would cause the child real and significant harm.

Visitation Rights Of Grandparents In Connecticut:

Yes, grandparents can petition the courts for visitation rights just as any third party. Connecticut courts will use the same standard of the child’s best interest to determine if the grandparents should have visitation rights. In order to be awarded visitation, the grandparents must also convey to the court that they have a parent like relationship with the child and that depriving them of visitation rights would significantly affect the child.

Connecticut has a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Connecticut's positions regarding non-parental visitation rights.

In Connecticut,  grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.

Notwithstanding the state of Connecticut's presumptions regarding grandparent's visitation rights under specific circumstances, Connecticut family courts may allow or prevent visitation rights in any situation based on the "best interests of the child."

What legal rights does a step-parent have in Connecticut?

In short, Step-Parents have no rights in Connecticut.

Accordingly, it is extremely difficult for a step-parent to seek/obtain visitation rights for a step-child--especially if the child's biological parents are alive and are oppose visitation.

Connecticut does not have any specific laws that grants child visitation rights to a step-parent, which makes applying for visitation a vexing legal challenge.

In all cases, third-party visitation petitions are more likely to be granted by the court if they are deemed to be in the best interests of the child.

Can other interested parties or relatives be granted visitation rights to a child in Connecticut?

Under Connecticut law, it may be possible for other individuals to be granted visitation rights by the court.  This might include relatives other than the child's parents (such as a grandparent, aunt/uncle, or step-parent), previous caregivers, etc.