In the state of Connecticut, custody can be broken down into two separate parts: legal custody and physical custody. In any case involving minor children, the Court will have to make determinations related to both legal and physical custody.
Legal Custody
Legal custody is the right and responsibility for a parent to make major decisions related to a minor child’s well-being. These decisions are frequently related to education, religion, and medical care for the child. Oftentimes, legal custody will be shared between the parties, which allows each parent to play an equal role in decision-making for the kids. If both parents request the Court to enter an order in favor of joint legal custody, there is a presumption that such an arrangement is in the best interests of the child.
In certain circumstances, the Court may determine that it is appropriate to award sole legal custody or final decision-making authority to one parent. If a parent is awarded sole legal custody, they do not need to consult the other parent prior to making major decisions in the child’s life. If joint legal custody is awarded with final decision-making authority granted to one parent, then it is expected that the parents will still work together to make decisions related to the child’s life. However, if no agreement can be reached, the parent with final decision-making authority will make the final decision.
The Court determines what the most suitable legal custody arrangement will be based on an analysis of the best interests of the child. Among other considerations, a Judge may analyze how well the parents are able to work together, whether there are common values or respect between the parties, how involved a parent is in a child’s life, or whether a party is capable of making decisions for another person.
Physical Custody
Physical custody conforms much more closely with common notions of what custody means. This type of custody is concerned with who spends time with the child and when they do so. Physical custody could be joint or sole. Joint physical custody does not necessarily mean an equal division of time, and the amount of time each parent spends with the child will be guided by what is in the child’s best interests. The Court considers a long list of factors to make this determination, including the physical and emotional safety of the child, the child’s developmental needs, the ability of each parent to meet the child’s needs, the ability for the parents to facilitate a parent-child relationship with the other parent, and
any evidence of abuse or neglect. The Court may also consider the child’s relationship with the parents, siblings, family members, and the community in which they live.
It’s important to understand that every custody case is unique. Each child is going to have different needs, and a different relationship with their parents. Those needs are also going to change over time, as the duration and frequency of time necessary to form a strong bond with each parent changes as a child ages. Both parents are also going to have unique circumstances, with varying work schedules and capacities for assuming caretaking duties. Custody cases pose the difficult challenge of tailoring individualized solutions that benefit the minor child.
Because the court takes such a case-by-case approach, it can often be difficult to forecast exactly what a physical custody arrangement may look like in any given case. If you are considering filing a custody application or filing for divorce, you may want to consult legal counsel to better determine the likely outcomes of your case. The attorneys at Diana, Conti, Tunila, Sheridan & McCann are equipped and ready to help you with these issues. Contact us today to schedule a free initial case evaluation with one of our family law attorneys to learn more about how we may be able to help you with your legal matter.
