Child custody battles are among the most complex and heart-wrenching matters in family law. If you and your child’s other parent are planning to divorce or otherwise part ways, and you disagree about your child’s living arrangements and/or how other major decisions about your child should be made, consult an experienced family law attorney with the ability to handle your child custody matter with sensitivity, skill, and knowledge of the intricacies of Connecticut law. 

How is child custody defined in Connecticut? 

In Connecticut, child custody includes two components: legal custody and physical custody. Legal custody refers to the authority to make major decisions about the child(ren), such as decisions related to healthcare, education, religion, and other important areas. In Connecticut, there is a presumption that parents will share joint legal custody, to allow both to participate in decision-making about major issues. However, there are circumstances in which parents may be unable or unwilling to consult and jointly make decisions in one or all of the major areas impacting their children. Circumstances may include mental health or substance use issues, past un-involvement, or certain belief systems. In such circumstances, it may be appropriate for one parent to be the final or sole decision-maker regarding major decisions. 

Physical custody refers to who the children will live with. How and when the children will see each parent will be detailed in a parenting plan, which will include the children’s regular schedule as well as holiday, summer, and vacation schedules. Your parenting plan will be tailored to meet the unique needs of your family now and in the future. 

How do you arrive at a custody agreement and parenting plan? 

The first step is to try to negotiate a custody agreement and parenting plan with your child’s other parent. Your family law attorney can represent your interests in these negotiations. Depending on your preference, your attorney can negotiate with the other parent’s attorney, or both you and the other parent, and your lawyers can sit down together to try to reach an agreement. 

Some custody disputes are resolved fairly expediently through negotiations. However, additional interventions may be needed when parents have very different views of what the parenting schedule should look like and how decisions should be made about their children. These interventions may include meeting with a co-parenting counselor – typically a clinical psychologist experienced in helping parents develop tools to work together – who can try to guide you and the other parent toward a resolution that you can both live with. AlternativelyAlternately, a custody evaluator can be appointed to gather information and make recommendations to help guide you and the other parent to a resolution. Another option is to involve Family Court, which may appoint a guardian ad litem (GAL) to gather information and make recommendations about what is in the best interest of the children. The GAL, who may be an attorney or mental health professional, will conduct an investigation, make recommendations, and attempt to help the parents negotiate a resolution. 

In some disputes, a pre-trial judge will listen to the facts of the case and each side’s settlement proposal, and tell you what they would do if they were deciding your case. The pre-trial judge is not the same judge who will be assigned to your case, should it go to trial. But getting the pre-trial judge’s perspective helps many people make a decision about whether they should settle or proceed to trial.

In about 98% of child custody cases, the parents will reach an agreement at some point. Over the course of negotiations, circumstances can change to make it possible to reach an agreement. Or you and the other parent may realize that you want some control in arriving at a custody decision that you can live with, rather than allowing a judge to decide the fate of your children. 

What happens if negotiations fail? 

If negotiations fail, the case will progress to litigation, which will begin with depositions of the parents and other witnesses and experts, and the discovery process to gather additional information and evidence. All the information amassed during pre-trial negotiations can also be used at trial. The case will ultimately be decided by a judge. 

Some parties opt to engage in private arbitration, before an arbitrator who is typically a retired judge now in private practice. In these cases, the trial takes place in a private setting – a conference room, rather than a court – and the arbitrator’s decision is submitted to the family court to be made into a court order. This option adds extra costs, as the couple must pay for the private arbitrator, but it can typically be completed more quickly than a court trial. 

How does the court determine who should have custody?  

In Connecticut, courts make custody decisions based on what is in the best interest of the child. The court will look at a number of factors, including: 

• The capacity and disposition of the parents to understand and meet the needs of the child
• Interactions and relationships between the child and each parent, as well as other people, such as grandparents or siblings, who may significantly affect the best interest of the child
• Preferences of the child (this applies to older children)
• The willingness of each parent to encourage a continued relationship between the child and the other parent as appropriate
• The ability of each parent to actively participate in the child’s life
• The stability of the child’s existing and/or proposed residences
• The mental and physical health of all individuals involved

What special circumstances add unique complexities to a child custody case? 

When there are certain special circumstances pertaining to children and/or parents, this may add complexities to a child custody case. For instance, when a child has a diagnosis, such as autism or attention deficit disorder (ADD), this may impact decisions regarding both education and healthcare interventions to best support the child. Due to differences in values or their comprehension of the child’s condition, the parents may disagree about therapies, such as whether the child should be treated with medication or strictly behavioral interventions, or whether the child would be better supported by attending a private school. Your family law attorney can collaborate with medical, psychological and educational consultants to ensure all parties have a clear understanding of the individual child’s needs, help explain why your perspective should be the one that’s followed, to advocate for your role as the sole or ultimate decision-maker in your child’s education and healthcare.

With regard to parents, special complexities arise in cases of substance abuse and/or mental health issues. Other issues adding unique complexities include, but are not limited to: 

• Relocation of one of the parents
• Rights of LGBTQ+ parents
• Rights of parents of children born through reproductive technology and surrogacy
• Allegations of child abuse or neglect
• Domestic violence

Especially when there are special circumstances, your custody agreement and parenting plan should include a roadmap of steps to take to resolve disputes that may arise after the divorce is final. For instance, the plan may require you and your co-parent to meet with a co-parenting counselor to help negotiate a resolution before returning to court. 

The family law attorneys at Hartford child custody law firm Ruel Ruel Burns Feldman & Britt have experience navigating complex child custody matters in Connecticut, allowing for knowledgeable and compassionate representation. We understand this is a stressful time for you and your children, and we will collaborate with you to establish clear, realistic child custody goals and advocate for your interests and the interests of your children at all stages of the child custody process. Contact Ruel Ruel Burns Feldman & Britt to discuss your child custody matter or other family law matters. Call 860-206-9096 or click here.