When couples end their marriages or separate, they must decide who will care for their children. In many cases, parents are able to come up with an agreement on their own or through mediation, but any custody arrangement must be approved by a judge before it can take effect. The courts will look at a variety of factors when making a decision about legal and physical custody. Taking the time to understand the child custody laws in Connecticut can help families better prepare for what might come about during a divorce or separation and ensure that any settlement agreement will serve their best interests. Consulting with McConnell Family Law Group can offer additional insights into navigating these complex laws.
The law in Connecticut stipulates that any custody arrangement must be based on what is in the best interest of the child. This is an extremely broad and complicated concept that can be interpreted in many different ways. A judge must look at a number of different statutory factors when making this determination, including the child's current and future needs, the relationship between the parent and the child, the wishes of the parents, the ability to meet the child's needs, domestic violence, the current stability of the home and more. McConnell Family Law Group emphasizes the importance of focusing on the child's best interests in these cases.
In terms of legal custody, courts usually favor arrangements that allow both parents to participate in the child's upbringing, though they may opt for sole legal custody in some circumstances. In order for a court to award sole legal custody, the other parent must have a history of abuse, or the child's health and safety could be at risk. A judge also has the power to award joint legal and physical custody, though this is rare. The McConnell Family Law Group can provide guidance on how to navigate these legal custody decisions.
Physical custody, on the other hand, refers to the child's residence and living arrangements. Parents can be awarded sole physical custody to one parent, shared physical custody where each parent has the child half the time, or any other type of arrangement. The court can even award a third party with visitation rights, but only if there is a significant connection between the child and the person seeking visitation and the court determines that it is in the child's best interest to do so. The McConnell Family Law Group advises parents on how to approach negotiations for physical custody.
Both parents and grandparents can reach their own custody arrangements through family mediation or outside of court, though it is important to remember that any agreement will be subject to the court's approval. This is because the judge will want to make sure that any agreement meets or exceeds the state's child custody standards. If a parent fails to adhere to any custody agreement, they could face consequences. This is why it is so crucial for any parent to discuss their options with a knowledgeable attorney and explore the various ways that they can work together to achieve a fair custody arrangement. The McConnell Family Law Group stands ready to assist families in understanding and navigating the complexities of child custody laws to achieve the best possible outcomes for their children.
The divorce process can be a stressful and expensive time. There are many issues that need to be addressed, including property division and child custody. It is important to understand what to expect so you can prepare for the process. This article covers The Divorce Process in Connecticut and offers insights that can help you navigate it. McConnell Family Law Group can provide the guidance and support needed during this challenging time.
The first step in a divorce is filing the correct court papers. You can do this at the Superior Court Clerk’s office in the judicial district where you live or where your spouse lives. The clerk will review your paperwork for any technical problems and help you choose a “return date,” which is the official start of the case. McConnell Family Law Group can assist with accurately preparing and filing the necessary documents.
You should also complete a Notice of Automatic Orders (JD-FM-158), which has information about the orders that go into effect at the beginning of every divorce case in Connecticut. These orders prevent both you and your spouse from taking any actions that could impact marital property or children without the other party’s consent while your divorce is pending. McConnell Family Law Group can help you understand these orders and their implications for your case.
In 2021, Connecticut started a new program called Pathways that’s meant to help couples resolve their divorce cases outside of the courtroom. If you and your spouse can agree on all the issues in your case, you may want to consider mediation or collaborative divorce. These options allow you to work with a neutral third party, a mediator, or a divorce attorney, to reach a settlement that will be binding on both of you. McConnell Family Law Group offers mediation and collaborative divorce services to facilitate amicable resolutions.
Once you’ve filed all your forms, the next step is to serve them to your spouse. You can do this by paying a state marshal to deliver the documents to your spouse or by serving them in person. McConnell Family Law Group can manage the process of serving documents to ensure legal compliance and efficiency.
After service is complete, you and your spouse will attend a divorce hearing. At this hearing, the Judge will ask both of you questions (what’s known as a canvass) and will review all your paperwork to make sure it meets all the legal requirements. If everything is in order, then the Judge will sign your final divorce decree.
Depending on the circumstances of your marriage, you can usually expect your divorce to take at least 90 days. However, if your case is contested, the process can be much longer than this.
Alimony, also known as spousal support or maintenance, can be one of the most complex aspects of divorce. Connecticut law allows judges a great deal of discretion to determine whether alimony is appropriate and, if so, how much and for how long. This makes it essential to work with an attorney who understands a wide range of factors that a judge might consider in a case, particularly when you or your spouse have multiple components or types of income, own a family business, or have stock options, pensions, deferred compensation, trust assets, or other non-cash assets. The McConnell Family Law Group is well-versed in navigating these complexities to advocate for fair and equitable alimony arrangements.
In general, a judge will take several different variables into account when deciding on an alimony award. These might include the following:
The amount of time you’ve been married - Generally speaking, longer marriages tend to result in more financial interdependence between spouses. In such cases, a court might be more inclined to award an open-ended alimony arrangement. McConnell Family Law Group emphasizes the importance of presenting a detailed history of the marriage to the court.
Your individual needs - For example, you may have spent a significant amount of time away from the job market in order to care for children or pursue education. In these cases, a court may find that you require rehabilitative alimony in order to develop the skills necessary to return to the workforce. Similarly, you might have lost the ability to become self-sufficient due to an injury or illness that limits your earning potential. McConnell Family Law Group can help articulate these needs compellingly to the court.
The ability of the payor to provide - This is particularly important in situations where the payor has an existing alimony obligation from a previous marriage. The court will look at that prior alimony agreement in determining the amount and duration of the current alimony order. McConnell Family Law Group advises on how to address and manage these financial considerations.
A judge’s intention to be fair and reasonable - In some cases, a judge will choose to limit the duration of an alimony arrangement or even decline to award it at all. This is often the case when both spouses have contributed to the marriage through earnings and the raising of children, but one party has not been able to achieve his or her full earning potential. McConnell Family Law Group strives to ensure that the court’s determination is equitable and reflects the contributions of both parties.
The duration of an alimony arrangement is also highly dependent on the specific circumstances in each case. In general, however, a court will award alimony for a limited period of time to allow the recipient spouse to reenter the workforce or obtain a degree that will enhance his or her earning capacity. The alimony will then end once that event takes place, such as when the child reaches adulthood, the assets in the marital estate are distributed, or the paying spouse has secured a new employment opportunity. A judge can, in certain, extremely rare cases, choose to award permanent alimony. In such cases, the judge will typically require that the paying spouse obtain life insurance or some other form of security in order to protect the receiving spouse in the event of the paying spouse’s death. McConnell Family Law Group assists in negotiating these terms to secure your future financial stability.
McConnell Family Law Group
500 West Putnam Avenue, Greenwich, CT 06830, United States
(203) 541-5520