When couples with children divorce or otherwise go their separate ways, many important decisions concerning child custody and other child-related matters must be made. An attorney who is experienced with family law in Connecticut can guide you through the child custody process and help you arrive at an effective parenting plan. 

What is a parenting plan? 

A parenting plan is a written document that provides a roadmap for how parents will share responsibilities for raising their children. The parenting plan addresses both legal and physical custody and other child-related issues.  

Legal custody refers to the authority to make major decisions about healthcare, education, religious upbringing, and other important issues impacting the children. In most Connecticut divorces, parents will share joint legal custody, allowing both parties to participate in making major decisions about their children. 

Physical custody refers to where the children will live. The parenting plan schedule will detail when and how the children will spend time with each parent. The schedule, which can be as flexible or as specific as needed, can detail regular, holiday, summer, and vacation schedules and what time and how the exchanges will occur. 

The parenting plan can address where the children will go to school and, if applicable, matters concerning special education, therapies, or special healthcare needs. It can also specify how far parents are allowed to move from their current residence without a court order. The document can contain travel provisions that specify where the parents are allowed to travel to with the children, as long as they provide notice. The plan can also include provisions about how and when introductions to a parent’s significant other should occur. If applicable, the parenting plan can include a provision requiring parental substance abuse-related testing, including what steps should be taken if alcohol or drug use is detected.  

Parenting plans typically include a provision about how any future disputes will be resolved. For instance, if parents have a disagreement, the plan may call for them to go to a co-parenting counselor or mediator to try to resolve the issue before filing a motion with the court.  

How do you arrive at a parenting plan?

The majority of parenting plans are negotiated agreements between the parents and/or their attorneys, which are then approved by the court and made into court orders. When parents are not on the same page, it may take considerable negotiation and multiple iterations to arrive at a parenting plan that is acceptable to both parties. Negotiations can be accomplished in a litigated setting or through collaborative divorce or mediation. When parents work together to develop their parenting plan, they can create a plan that will suit their lifestyle and their children’s needs. 

When parents are unable to reach an agreement, the Connecticut family court will hear evidence and establish the parenting plan based on what it believes is in the children’s best interests. The court will take many factors into consideration, including the temperament and developmental needs of the children, the capacity of the parents to meet the children’s needs, and the willingness of the parents to facilitate and encourage the continuing relationship between the child and the other parent as is appropriate.

In some cases, a guardian ad litem (GAL) or an attorney for minor children (AMC) may be appointed to help arrive at a solution. While the roles of a GAL and AMC are different in some ways, both advocate for the children’s interests in the proceedings.

During the divorce and/or custody process, an interim or temporary parenting plan can be put in place before a final judgment is entered. An interim plan can help a family transition into separate living spaces and determine realistic schedules. 

Can parenting plans be modified in the future? 

Circumstances and schedules evolve over time, and a parenting plan may need to be modified in the future to reflect changes in a family’s lifestyle and/or to continue to serve the best interests of the children. Parents always have the opportunity to make agreed-upon modifications to their existing parenting plan. The modified plan should be formally drafted and filed with the Connecticut family court, to be made into a court order. 

If one party wants to modify the parenting plan and the other does not agree, the party requesting the change can file a motion with the court. The court will have a hearing and decide whether there is a significant change in circumstances and/or if the parenting plan is no longer in the best interest of the minor children. As with the original custody orders, the court will base decisions regarding modifications on what is in the best interest of the children. 

In cases where there is an emergent situation, such as if the children are in imminent danger of irreparable emotional, psychological, or physical harm, parents can file a motion for emergency legal or physical custody orders to be put in place temporarily. The Connecticut family court can the ability to enter temporary orders without a hearing on an emergency basis. Because of the court’s ability to enter orders affecting a parent’s access with a child or ability to make decisions about a child, the Court is provide an opportunity for an evidentiary hearing on the underlying issue within fourteen (14) days of the date of the emergency application.  

The complexity of parenting plans underscores the importance of working with an experienced Connecticut family law attorney on your child custody matter. An experienced attorney knows the various options that can be included in a parenting plan and can work with you to tailor and negotiate an effective parenting plan based on your circumstances. 

In Connecticut, the presumption is that joint legal custody is in the best interest of the children. Therefore, if you are seeking sole legal custody, you have the burden to develop and present evidence to support your position that this arrangement is in the best interest of your children. A skilled family attorney can marshal that evidence and present it in a compelling way that will be persuasive to the court. Similarly, if the other party is seeking sole legal custody, a skilled attorney can persuasively challenge arguments that are not in line with your position and advocate for your interests and the interests of your children.  

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 that 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.