Heidi E. Opinsky

The Law Offices of Heidi E. Opinsky, LLC

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Important Child Custody Laws in CT│ Heidi Opinsky Law

Examining various factors that are considered when determining child custody arrangements; including the best interests of the child, parental rights, and visitation rights

If you are going through a divorce it is likely taking a significant toll on you emotionally, and financially. Unfortunately, it isn’t only you who’s going through this painful process. If you had children involved then they are feeling the brunt of the divorce as well, and their mental health as well as daily activities will be significantly affected. (1) The good news is, you can minimize the harm and trauma they suffer by trying to remain calm and collected and minimizing conflict as much as possible. This is usually best done through the help of a professional such as a lawyer.

One of the most important concerns regarding children in any divorce becomes child custody. Who gets to live with the children? let’s take a look at what the court considers in the best interests of your child, and your parental and visitation rights.

What Does the Court Consider in the Best Interests of the Child?

In New York, when making decisions about child custody, the court considers the best interests of your child. This involves a comprehensive analysis of many factors that affect the child’s well-being. 

Some of the factors the court may consider include:

  • Your child’s physical and emotional health and safety
  • Each parent’s ability to provide for the child’s basic needs, including food, shelter, clothing, and medical care
  • Your child’s relationship with each parent and your ability to provide for the child’s emotional and developmental needs
  • Each parent’s ability to provide a stable and nurturing home environment
  • Your child’s wishes and preferences, if your child is of sufficient age and maturity to express a preference
  • Each parent’s ability to foster a positive relationship between your child and the other parent.
  • The ability of each parent to cooperate and communicate with the other parent to make decisions in your child’s best interests
  • Any history of domestic violence or abuse, substance abuse, or other criminal behavior by either parent
  • Any other factors that may be relevant to your child’s best interests, including your child’s cultural and religious background

Overall, the court’s primary concern in child custody cases in New York is to promote the best interests of your child, and the court’s decision will be based on careful consideration of all relevant factors in the particular case.

What Parental Rights Apply in a Custody Battle?

In New York, both parents have equal rights to their children, and these rights are protected by law. In a custody battle, the court will consider the best interests of the child and make decisions about custody and visitation based on those interests.

However, there are certain parental rights that apply in a custody battle in New York, including:

  • The right to go to court before any custody or visitation decisions are made
  • The right to participate in the decision-making process regarding the child’s upbringing, including education, medical care, and religious upbringing unless sole legal custody is granted
  • The right to access the child’s medical and educational records
  • The right to have regular and meaningful visitation with the child, unless the court determines that such visitation is not in the best interests of the child
  • The right to request modifications to custody or visitation arrangements if circumstances change, such as a relocation or change in the child’s needs

It is important to note that these rights apply equally to both parents, regardless of gender. In making custody and visitation decisions, the court will consider the best interests of the child as the primary factor, but it will also take into account the rights of each parent to participate in their child’s life.

How Do Visitation Rights Work in CT?

Visitation rights are typically established by court order as part of a divorce or custody proceeding. Visitation allows a non-custodial parent or another family member to spend time with your child on a regular schedule or on specified occasions.

The visitation schedule can be set by agreement between you and the other party or by court order, and it can be modified if circumstances change. The court will consider the best interests of your child when determining visitation rights and may consider factors such as your child’s age, health, and school schedule, as well as the availability of each parent or caregiver to provide appropriate supervision and care during visitation.

Child custody battles are never pleasant, and you should speak with an attorney as soon as possible to get support with your case and to ensure your children stay protected during and after the process.

Speak With a Child Custody Lawyer in CT Today

Get in touch with an experienced divorce lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to learn more about child custody laws and to get help with your case.

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

References:

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6313686/