When it comes to determining child custody, the “best interests of the child” is the primary consideration in Connecticut family law. A family court must take into account a wide range of factors, including the following statutory factors listed in Conn. Gen. Stat. 46b-56, to determine what custody arrangement will best promote the child’s health, safety, and developmental needs:

• The child’s temperament and developmental needs

• The capacity and disposition of the parents to understand and meet the needs of the child

• Any relevant and material information obtained from the child

• The past and current relationship and interaction of the child and each of the parents

• The willingness and ability of each parent to encourage the relationship of the child and the other parent as is appropriate under the circumstances

• The wishes of the child’s parents

• The wishes of the child (if age appropriate)

• The ability of each parent to be actively involved in the child’s life

• Whether any domestic violence has occurred among the parties

• Whether one or both parents have engaged in manipulative or coercive behavior with respect to involving the child in their disputE

• The stability of the child’s existing or proposed residences

• The mental and physical health of all individuals involved

While each child custody case is unique, the courts generally presume that a child benefits from having regular contact with both parents. Ultimately, the goal is to structure a child custody arrangement that considers the parenting abilities of both parents and promotes the best interests of the child(ren).

• Child custody refers to legal and physical custody

• Legal custody is the right to make important decisions for the child’s welfare

• Physical custody refers to where the child will live and where they will spend their time

Generally speaking, joint legal and physical custody is the most common arrangement as it provides both parents the opportunity to live with the child and have a meaningful say in the child’s upbringing.

• Sole custody may be ordered by the court if it is not in the child’s best interest to have both parents involved

• Sole physical custody means the child lives with one parent full-time with the other parent typically having some limited degree of visitation rights

• Sole legal custody means one parent makes final decisions for the child (e.g. religious, educational, medical)

A child custody lawyer can explain the different forms of custody and recommend the best option for a specific case.

• Clear Understanding of the Law: A child custody lawyer can explain relevant statutes to the parent in a way they can easily understand.

• Review of Options: A child custody lawyer can help parents understand the potential options on the table and forecast how a case is likely to be decided.

• Stronger Case: A child custody lawyer can review conduct of both parents and help their client document evidence of their or the other parent’s fitness that can be presented to the court.

• Compliance with the Law: A child custody lawyer can help their client understand how to follow court orders and remain on the right side of the law.

• Level the Playing Field: Hiring a child custody lawyer can help ensure that both parties get a fair hearing and that all factors that should influence child custody are fully presented to the court.

Child support in Connecticut is calculated using the “income shares” model, which ensures that a child’s financial needs are met even when their parents are separated or divorced. Here’s how it works:

• The net weekly income of both parents is calculated and entered into the Connecticut Child Support and Arrearage Guidelines worksheet.

• The worksheet determines the “basic child support obligation,” which is a percentage of the parents’ combined income allocated to child-rearing expenses.

• The amount is then prorated between the parents based on their income contributions.

Other factors, such as parental obligations for specific expenses or categories of expenses, may also be negotiated.

While there is a presumption that the child support amount calculated in this manner is correct, there are situations that allow for deviation.

A child support order can be modified to reflect the current economic situation of the parents or the child, if there are substantial changes in financial circumstances for either party. The definition of a substantial change varies depending on the situation, but it generally includes a significant increase or decrease in income, serious illness or disability, or major changes in the needs and expenses of the child.

Enforcement is another common issue in child support cases. Sometimes a parent fails to pay what they are required to, and the other parent must take legal action to pursue the owed support, and the court may also determine an arrearage of unpaid support. In such cases, a Connecticut child support attorney can file a contempt action in court to compel the other party to comply with the agreement, which may include wage garnishment, fines, or even incarceration. It is important to enforce court orders to ensure compliance.

The document that governs the relationship between two parents and their children following a divorce or separation is called a parenting plan. The parenting plan will set forth the arrangement for physical and legal custody. It can address many issues that come up during a child’s lifetime, including but not limited to the children’s education, how they will receive healthcare, and the division of custody and parental responsibilities. The parenting plan also sets forth a schedule of when the child(ren) will be with each parent. When either approving or modifying a parenting plan, a court will always give the highest consideration to what is in the child’s or children’s best interests.

Some of the issues addressed in a parenting plan include:

• Physical Custody: Determining where the children will live is physical custody. Generally we refer to two types of physical custody, primary physical custody (where one parent is responsible for the child more than 50% of the time) and joint physical custody (where the parents share their time with the child). Sole physical custody is also a form of custody; however, it is very infrequently granted as it serves to significantly limit a parent’s access to a child.

• Legal Custody: “Legal custody” refers to the right to make major decisions that impact the children’s lives. According to Conn. Gen. Stat. § 46b-56a(b), there is a state law presumption that joint legal custody is in the best interests of the children. Sole legal custody when only one parent has major decision-making authority is generally reserved for exceptional circumstances.

• Special Occasions: A contentious issue that frequently arises between co-parents is where their children will spend major holidays, birthdays, school vacations, and other special occasions. Fortunately, these matters can be addressed early on in a parenting plan so both parents are able to set their expectations in advance.

While a parenting plan is an enforceable legal document, that does not mean that it cannot be altered. Parenting plans are always modificable. Changed circumstances, either in the child’s life or the lives of the parents, may be sufficient basis for obtaining a parenting plan modification. This typically follows a two-step process:

• Change in Circumstances: Modifying a parenting plan requires a judicial determination that there has been a material change in circumstances affecting the best interests of the child and/or that the current custody and parenting plan is no longer in the best interests of the child. 
• Best Interests of the Child: If a judge determines that a change in circumstances has, in fact, occurred, the parent seeking the modification can propose a modified plan arguing that it conforms with the best interests of the child standard.