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Connecticut Child Custody Laws
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Parents must come to an agreement on child custody when they separate. These arrangements include:
- How they will make major decisions regarding the child moving forward (referred to as "legal custody")
- How they will share time with the child (referred to as "parenting time," "timesharing," or "physical custody," depending on the state)
If parents are unable to come to an agreement, courts will decide the best course of action based on state child custody laws.
Child custody laws are fairly similar from state to state. Most states, including Connecticut, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Connecticut child custody laws recognize the option of joint custody, allow for visitation by grandparents, and consider the child’s own wishes before ordering custody terms.
This article provides a general overview of child custody laws in the state of Connecticut.
Types of Custody in Connecticut
In Connecticut, child custody encompasses both legal and physical aspects.
Legal custody involves decision-making rights concerning the child’s education, healthcare, and religious upbringing. This can be granted as sole legal custody, where one parent has exclusive decision-making authority, or joint legal custody, where both parents share these responsibilities.
Physical custody refers to where the child resides. It can be sole physical custody, with the child living primarily with one parent while the noncustodial parent has visitation rights, or joint physical custody, where the child’s time is divided between both parents’ homes. Shared custody, a term often used interchangeably with joint physical custody, ensures that both parents remain actively involved in the child’s daily life.
Child Custody Statutes in Connecticut
Learn more about Connecticut’s child custody laws in the chart below.
Connecticut Child Custody Code Section |
§ 46b-56 et seq. of the Connecticut General Statutes |
|---|---|
Year Uniform Child Custody Jurisdiction and Enforcement Act Was Adopted by Connecticut |
2000 |
Is Joint Custody an Option Under Connecticut Child Custody Laws? |
Yes § 46b-56a |
Are Grandparent Visitation Rights Recognized Under Connecticut Child Custody Laws? |
Yes § 46b-59 |
Are the Child’s Own Wishes Considered Under Connecticut Child Custody Laws? |
Note: State laws are always subject to change at any time, usually through the enactment of new statutes but sometimes through higher court decisions or other means. You may want to contact a Connecticut child custody attorney or conduct your own legal research to verify the state law(s) you are researching.
Connecticut Custody Hearings
If you and your ex cannot agree on a custody arrangement, you may have to attend a custody hearing in court. In a child custody case, if a judge has to determine custody issues, they will create a custody agreement based on your child’s best interests. Connecticut family courts will consider any factors relevant to your child’s life.
Courts often give more consideration to the factors that will affect your child’s safety and well-being. Some of these factors will focus on your child. This includes their preference (if they are old enough), their relationship with any siblings, and the need for consistency and continuity in their education, community, and family life.
Other factors a Connecticut court may consider when determining the best interests of the child include:
- Each parent’s ability to understand and meet the needs of the child
- The wishes of the child’s parents for custody
- The willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship between the child and the other parent
- Any manipulation by or coercive behavior of the parents to involve the child in the parents’ dispute
- The ability of each parent to be actively involved in the life of the child
- The mental and physical health of all individuals involved
- Whether the parent satisfactorily completed participation in a parenting education program
A judge can also consider certain criminal charges and convictions, any past or present physical abuse, and whether either parent has a history of drug or alcohol abuse. If domestic violence is a factor, it will significantly impact the custody decision.
Get Legal Help With Your Custody Case
If you and your child’s other parent are separating, you might not agree on who gets custody of the child or what the custody arrangement looks like. There are many other factors to consider in these determinations, but the court’s primary concern will be the child’s own best interests. One of the best ways to get a handle on the process is to seek legal advice from an experienced family law attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Custody & child visitation cases are emotional, and a lawyer can seek the best outcome
- A lawyer can help protect your children’s interests
- Lawyers can seek to secure visitation rights
Get tailored advice and ask a lawyer questions. Many attorneys offer free consultations.
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