Going through a divorce can be stressful, even when both parties agree it’s the right thing to do. Your stress can be amplified when children are involved. So, who retains custody of your shared children? What happens if you decide to pursue full custody?
Before you make that monumental decision, understanding primary custody arrangements is an important part of the process. Obtaining full custody is often a complex process with multiple steps. Omitting a step can make it more difficult to successfully obtain custody without going through a lengthy and emotionally draining court process.
What is Full Custody?
Like most states, Connecticut divides full custody into two parts, sole legal and primary physical custody. Legal sole custody allows one parent to make all major decisions affecting the child, and this includes where the child attends school and covers all medical decisions.
Primary physical custody refers to the child’s permanent address. The parent awarded physical custody is responsible for providing housing and care for the minor. The court will examine all aspects of the case before awarding one parent full custody.
Overall, the court prefers divorcing parents to work out or accept the terms of a shared custody agreement. The court often believes it’s in the child’s best interests to spend equal time with both parents. However, exceptions can apply. For example, one parent may be unfit to provide care or make life decisions for the child.
Considering the Best Interests of the Children
As mentioned earlier, courts tend to prefer shared custody arrangements. However, the court also emphasizes the child’s best interests, which is usually the deciding factor in a full custody case.
The court looks at what’s best for the child and makes a decision based on the needs of the minor. So, how does the court decide what’s best for the child in a sole custody case?
The court typically looks at several factors outlined by the state:
- The child’s preference; does the child prefer living with one parent over the other?
- Which parent is better equipped to provide a stable home environment
- The stability of the child’s current home life and the amount of time spent living at that address.
- Which parent is better able to be present and actively involved in the child’s life?
- How adjusted the child is to their current home and school.
- If the child has special needs, which parent is best suited to provide the necessary care and support?
- History of physical or emotional abuse by a parent.
- Any misconduct by a parent during the divorce and/or child custody case, which can include interference by one parent regarding the other’s relationship with the child.
Any couple divorcing in Connecticut with shared children must attend a parenting education class within 60 days of filing their full custody case in family court, there aren’t any exceptions to this rule. The 6-hour program is designed to teach parents how to help their children cope with a divorce.
Proving A Parent is Unfit to Retain Shared Custody
We keep noting that the family court prefers shared custody agreements. If you’re not sure what shared custody means, the premise is fairly simple.
Shared or joint custody agreements give parents an equal say in all major decisions concerning the child, and this typically includes decisions about the child’s healthcare, education, and even religion. The child also spends equal time with both parents. Shared custody is also the most common parenting arrangement.
Unfortunately, sometimes one parent is unable to provide a stable home environment or make appropriate decisions for the minor. When this happens, the other parent can file for sole custody. However, this is a little more complicated than filing a claim. You must also provide supporting evidence that your former spouse is an unfit parent.
So, what are some reasons a parent may be declared an unfit guardian for their child?
- An ongoing problem with substance abuse, which can be anything from alcohol to prescription medications or illegal substances.
- A history of violent criminal offenses. Emotional and physical abuse can also fall into this category.
- Mental health issues. The parent is unable to care for the child or make appropriate decisions regarding their welfare.
- Living conditions at a parent’s residence are unsafe. Sole custody may also be awarded to a parent if the other one doesn’t have stable living conditions.
- A parent has a history of being an uninvolved parent.
If a parent has an issue with substance abuse or mental illness, visits with the child are typically supervised. When living conditions are unsafe or unstable, the court may prohibit the child from spending the night.
Family court typically looks for ways to ensure both parents are involved in the child’s life—this is something to remember, even if you’re awarded sole custody. But, this doesn’t necessarily mean the other parent is excluded from their child’s life.
Types of Evidence
So, what types of evidence does the court look for in a sole custody case? This depends on the reason you’re claiming your former spouse is an unfit parent.
If your former spouse has an unstable living arrangement, for example, homelessness, you can show they lack a permanent address. Criminal records can help support a claim of past violent behavior. If your former spouse was abusive, and you filed a police report, this can help prove your claim.
Your medical records can also help prove past violent behavior if you sustained injuries, and this can also apply to the child if they’re also a victim of domestic violence. If domestic abuse is present, it’s crucial to remove the minor from the situation. Connecticut has an extensive support and help network for domestic violence victims.
Talk to a Family Law Attorney About Obtaining Sole Custody
If you feel your former spouse is unable to provide a safe and stable environment for your child, sole custody may be an option. However, obtaining sole custody isn’t easy and you’ll need to provide plenty of supporting proof.
Before filing your case in family court, make sure to discuss your options with an attorney carefully. If sole custody is in the best interests of the child, your attorney can help you navigate the often complex legal process.