What does the state stance on joint custody mean for you?

On Behalf of | Jan 21, 2022 | Child Custody |

Connecticut has thorough and well-developed laws does that apply both in divorces and contested custody scenarios between unmarried parents. These laws will determine the outcome of any litigated custody matters.

For example, if the courts have to divide parenting time or parental responsibilities, state law requires that they focus on the best interests of the children. There is also a specific presumption about those interests enshrined in state law.

Specifically, judges dividing parenting time should operate under the assumption that shared custody arrangements are in the best interest of the children. What will this presumption mean for your custody case?

You will likely have to co-parent with your ex

No matter how angry you are or how hurt you are by your ex’s bad behavior, the courts are unlikely to put your feelings ahead of what they view as best for the children. No matter how much you fight, the courts will expect you to work together for the benefit of your children.

They may even reduce the parenting time or parental authority of one parent if they demonstrate an unwillingness to cooperate with the other parent. Parents seeking to protect their children from neglect or abuse may worry about this presumption and that asking for sole custody could hurt their case. The good news is that you can present evidence to challenge the presumption of shared custody.

Evidence of instability or misconduct can influence custody decisions

Although it doesn’t happen frequently, judges can decide that giving one parent full custody is what is in the best interest of the children. A parent expressing apathy about the needs of the children or having a documented history of violent behavior or addiction might not be able to handle the challenges of parenting on their own.

If you want to ask for sole custody because you think your ex will not pass parent your children safely, you will need evidence or expert testimony that helps convince the courts that you should set aside the presumption that shared custody is best for your kids.

Learning more about the laws that govern custody decisions in Connecticut will help you protect your children.