Connecticut Family
Law Attorneys

What are the different kinds of custody in Connecticut?

On Behalf of | Oct 16, 2024 | Child Custody |

When parents divorce or separate, they have to discuss custody matters so that they can properly meet the needs of their children. It is common for parents to worry about custody, especially because they don’t want to lose time with their children. Those preparing for divorce often benefit from learning about custody rules. People might sometimes have unrealistic or inappropriate ideas about custody matters because they get their information from the wrong sources, like the internet or their favorite television shows.

Parents in Connecticut need to learn about the Connecticut-specific approach to custody. They need to understand the two main types of custody that the courts award so that they can prepare themselves for negotiations with their co-parents or litigation in family court.

Legal custody

Legal custody is essentially parental authority. It is the right of an adult to make decisions on behalf of their children. It is quite common for the courts to have parents share legal custody in most cases.

They each have a degree of authority when they have time with the children but generally need to cooperate with each other when making long-term decisions about medical care or school enrollment. In some cases, one parent may have the final decision-making authority in certain areas. In other cases, the parents need to agree or ask a judge to make the final determination on contested decisions.

Physical custody

Physical custody is often what parents prioritize in their negotiations. It involves parenting time and the responsibility to meet the basic physical needs of their children. There are several different ways the courts handle physical custody.

There is a presumption under Connecticut state statutes that joint or shared physical custody is what is in the best interests of the children. Judges usually give each parent a degree of the overall parenting time with the children based on the percentage of nights spent with the children.

Joint physical custody can be a 50/50 arrangement, an 80/20 arrangement or something in between. In some cases, judges may award one parent sole physical custody while granting the other visitation rights. In scenarios involving a history of neglect or severe substance abuse, a parent may begin with visitation but can eventually modify the custody order to have shared physical custody.

When addressing custody matters, the focus should always be on what is best for the children. Parents can sometimes find ways to cooperate about child custody matters by focusing on their kids instead of on their feelings about one another. Setting realistic custody expectations based on Connecticut standards, and seeking legal guidance as proactively as possible, can help parents resolve custody matters during a divorce or separation.