Custody and Visitation FAQs

Looking for answers about child custody and visitation in Connecticut?

When parents get divorced, the issue of child custody is very often the most hotly contested aspect of the case. Both parents naturally feel very strongly about safeguarding their relationship with the children. They want to avoid causing unnecessary distress to the children, while at the same time not wanting to give up too much to the other parent in terms of custodial rights.

All too often, a divorce where children are involved will devolve into a drawn-out custody battle that leaves everyone involved embittered and emotionally scarred. At Happy Even After, we work to help our clients avoid unnecessary strife over issues of custody and visitation, and our Connecticut divorce lawyers are ready to take action on your case.

Get started now by reading through our answers to some of the most commonly asked questions about this area of family law, and then contact us for an initial consultation to learn more.

When do you need a Connecticut child custody attorney?

Child custody is a term used to describe the legal relationship between a parent(s) and their child. In Connecticut, parent(s) who have legal custody possess the right to make decisions for the child and the legal duty to care for that child as well. As child custody attorneys, Happy Ever Afterhas extensive experience advocating for parents seeking greater custodial rights, as well as advocating for children as guardian ad litem. As you select an attorney to help you through the difficult time of a divorce or contentious custody battle, it is important to find an attorney who has experience in custody litigation.

What is legal custody in Connecticut?

When a couple splits up, they must come to a decision about whether they will share custody (referred to as joint legal custody) or give legal custody to one parent (referred to as sole legal custody). In Connecticut, when joint legal custody is awarded to both parents, the parents have the right to make major decisions on behalf of the child, such as decisions regarding the child's education, health, and religion.

Ideally, parents can work cooperatively for the child's best interest, however, that is not always the case and sometimes courts must make decisions about the custody of a child. In the event the court finds that there are sufficient grounds to deviate from a joint legal custody arrangement, one parent may be awarded sole custody. The parent who retains sole custody is the primary decision maker and does not need to consult with the other parent before making decisions on the child's behalf.

What is physical or residential custody in Connecticut?

In Connecticut, physical or residential custody may be awarded to one parent. Physical custody or residential custody are terms used to describe the parent with whom the child resides, but does not denote legal custody. The parent who is awarded custody is often referred to as the "custodial parent," while those who do not receive physical custody are referred to as the "non-custodial parent."

Some parents reach agreements to have shared physical custody. In this situation, the child divides his or her time equally between the parents. An arrangement under these circumstances may alter child support. You should consult with an experienced family and matrimonial attorney for further information regarding shared physical custody arrangements.

Why hire a Connecticut custody attorney?

When children are involved, it adds an extra layer of complexity to an already emotional situation. Divorce and custody cases must be handled with care by an experienced Connecticut attorney to be sure you retain custody, visitation, and parental rights. Your children should not have to choose sides. Proper legal representation ensures that your divorce causes the least amount of disruption in your child's life.

What are a child's legal rights in Connecticut?

If custody is disputed, an attorney or guardian ad litem may be appointed to represent your child. The attorneys at Happy Ever Afterhave completed intensive training through the state of Connecticut to represent children in the court as guardian ad litems. The attorneys at Happy Ever Afteralso accept court appointments in the New Haven Regional Children's Probate Court as attorneys for the minor children or the parents for matters involving termination of parental rights and removal and appointment of guardianship.

Why should I settle custody disputes?

A child's well-being depends directly on the amount of conflict between parents. If you reach a custody settlement, conflicts are more likely to be resolved, resulting in a more peaceful post-court family life.

Some of the major advantages of settling include:

• Settling your custody dispute rather than litigating it allows parents to create a thoughtful and child-focused parenting plan that is tailored to the child's emotional and developmental needs.
• Settling your custody dispute allows parents to create a parenting plan that takes into account the child's unique schedule.
• Settling your custody disputes creates opportunities for parents to work together and truly co-parent.
• Your parenting plan can contain detailed methods to resolve future differences without going to court.

Why turn to Happy Ever Afterto help settle a custody dispute?

At Happy Even After, our experienced attorneys can negotiate custody and parenting plans to develop a child-centered custody plan that is good for the entire family unit. Happy Ever Aftercan also help you identify and address potential problems before the final judgment is entered by the court.

Contact our firm today!