When deciding child custody, courts evaluate each case to determine what is in the best interest of the child. Connecticut divorce lawyers know judges apply other criteria before awarding custody to one or both parents. If you’re seeking legal advice about a custody matter, here’s what you should know. 

A Guide to Child Custody

How Is Custody Determined?

Courts presume that it’s in the child’s best interest for both parents to have custody of their children, but this presumption can be overcome. To determine custody, a court can order an investigation to evaluate a child’s parents, including their character, reasons for marital problems, and their financial ability to provide support.

Issues, such as a parent’s problems with alcohol or drugs or allegations of domestic violence, can be taken into account when awarding custody. Other factors include the child’s age, home environment and conditions, and their mental and physical condition.

In determining custody, courts consider the child’s wishes but are not bound by them. Under state case law, the child must be old enough and able to form and express their preferences and feelings intelligently for the court to take them into account.

Can Equal Custody Be Shared?

Yes. Courts can award equal joint custody to both parents, which means both share the legal right to make decisions on the child’s education, health, and religious upbringing.

Joint custody can also include equal physical custody, which means that the child will spend the same amount of time with each parent. Parenting plans, which Connecticut calls parental responsibility plans, are useful in establishing when and where each parent spends time with their children.   

If you need legal advice in a custody dispute, consult Greene Law PC in Farmington, CT. With a concentration in family law, these divorce lawyers will guide you through the process, seeking the best resolution for you and your child. For more about the high-quality legal representation they offer, visit them online. To contact a skilled and compassionate divorce lawyer, call (860) 676-1336.