Child Custody in CT is Decided by the Court, Based on Several Important Factors
When going through a divorce, one of the main factors that require consolidation is the custody of the children. Such matters are very sensitive and often lead to long and grueling legal brawls since both parents often believe they alone have the right to be the primary caregiver. However, even in cases where both parents are able to agree on the best custody schedule for the children, at the end of the day, it is the court who will have the final say on how custody will be granted.
In nearly all cases, the court considers joint custody to be in the best interest of the child since it is integral to the children that they have both parents in their lives. However, they may grant sole custody if they have a strong reason to believe that one of the parents may be abusive, or the children may be in danger while in the presence of the parent.
Before a final decision is made, many factors will be examined. Let’s take a look at the 5 important factors the court takes into consideration when granting custody.
1. The Best Interest and Needs of The Children
The final custody schedule and decision will be based on what the court deems is in the best interest of the children. The judge will look at each child and their specific educational, physical, and emotional needs. They will then correlate these needs with the characteristics of each parent and see who can better meet the requirements and provide the children with the best life they deserve.
2. The Health of Both Parents and Children
Whether the parents and children are in good physical and mental health also plays a significant role in the final custody decision of the court. If you or the other parent have a health condition that makes it difficult for you to take care of your children, then the healthier parent will likely be granted more parenting time.
If your children need constant care because of a disability or health condition, then the parent who can more easily provide this care will be likely made the primary caregiver.
3. The Strength of the Relationships Between Parents and their Children
The relationship between the children and the parents is also very important when it comes to deciding custody. Where do the children prefer living, and why is that the case? Do the siblings get along and would it be better if they lived together?
It is essential that parents do not speak poorly about the other parent to their children to try and sabotage their relationship. Doing so will not work in their favor when the court is analyzing who gets custody.
4. The Living Situation of Everyone Involved
When a divorce occurs, one of the parents will move out into a new location, or both parents will sell the home and start somewhere new. The court will look at the communities and schools in both areas and see if the children are being provided with a stable environment to live in.
The courts will look at the quality of life your child was used to before the divorce and will try to make a custody decision that maintains that standard.
5. Prior Incidents of Abuse in the Family
Another serious factor that will be considered is whether there were any cases of abuse or neglect in the past. If a parent is found guilty of abuse or neglect, then the court will do what they have to so the safety of the children is prioritized.
Get Help With Your Child Custody Case With an Experienced Family Lawyer in NY Today
Are you struggling with a child custody case? Are you concerned about the parenting plan being proposed by the other parent of your children? If you’re having difficulty with a child custody case, you should make sure you get professional legal help as soon as possible to optimize your chances of getting the justice you and your children deserve.
Call experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get help with your child custody case so your rights and the rights of your children are protected.
Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible