Thursday, February 18, 2016

What Connecticut Family Courts Consider in Child Custody Cases in a Divorce

While deciding on matters relating to child custody judges take into account several factors. While each case is unique, the best interests of the children reign supreme in the minds of all judges. The judicial system in Connecticut believes that children benefit if both the parents are actively involved in their lives and the state laws clearly reflect this sentiment.

Human society has proved that a man and a woman are the best to raise a child. Some people think that just because it is a new century that human nature has changed – this type of thinking is arrogant and foolhardy. It is positive to know that the court system appreciates the value of a father and a mother and what they bring to influencing and raising a child. 

Here are some factors that judges consider while awarding child custody that Hartford, CT divorce lawyers such as Melocowsky & Melocowsky who are the best in this business in this region of the country ponder all the time. They know the legal system in this area of the law the best and they know which doors to open and which doors not to open. They work hard for the clients and make sure their interests are heard and understood.  

Health and Safety

Health and safety of the child is the primary concern of the judicial bench. The mental and physical heath of the child and that of the parents are evaluated thoroughly before granting custody. Judges also take into account the parents willingness and the ability to fulfill the physical requirements of the children.

If a parent has a history of abuse then the judge may suspend visitation, restrict access to the children or grant supervised visitation. In domestic violence cases visitations are often restricted by a judicial order. Often times parents are asked to take counseling and get into drug and alcohol rehabilitation programs before they can have access to their kids.

Emotional and Developmental Needs

While granting custody a judge favors parents who have the commitment and ability to full the developmental and emotional needs of their children. Connecticut divorce attorneys and some of the best in this state based on their track record which is awesome is Melocowsky & Melocowsky say that judges prefer continuity and stability for the children who must not suffer any kind disruption.


Therefore, they must attend the same school, participate in the same cultural activities, and must be allowed to enjoy the same relationships with their grandmother or uncles, etc. However, a parent is free to move out of the house if he/she is comfortable and there is no law restricting such a move. Why would there be? Have you seen Breaking Bad? In season 5 – Walter White had to go. He tried and was probably going to kill his own wife if his older son did not physically intervene.

Now this is an extreme situation but no one wants to live in a home of drama. If a marriage has gone south, one person should move out. Unlike in the movie The Break-Up, most people would not want to tolerate that type of awkwardness. Even if it would cause serious financial hardship which was the situation in that movie, two people who do not respect each other should not be living under the same roof.

Co-parenting Skills

Divorce lawyers in Hartford, CT that honor the sanctity of marriage and also their client whose marriage is ending which is certainly Melocowsky & Melocowsky (http://www.melolegal.com/about/) say that judges grant custody to parents who encourage a close relationship with the other parent and the child. If a parent constantly interferes in the child’s relationship with the other parent or tries to involve children in family disputes then clearly that parent is unsuitable to retain custody.

Custody Options

There are two types of custody namely, physical and legal custody. The former gives a parent the right to be present physically with the kid. Legal custody is the right of a parent to make important decisions on behalf of the child. Usually physical and legal custody can be held jointly by the parents. If a parent is unwilling to take joint custody he/she will have to provide stellar reasons for their unwillingness to the judge. Often many parents prefer joint legal custody but not joint physical custody especially if one of them does not live nearby. In such cases the judge will award child visitation rights.

Parenting Plans

Judges ask parents to submit a parenting plan which is an agreement between the parents on important issues such as the child’s residence, plans specifying division of responsibilities between the parent, and details such as which parent will make decisions involving healthcare, religious upbringing, and education. Moreover, they must show how they intend to resolve future disputes and what steps they will take if they fail to come to an agreement.

Appointing a Connecticut divorce lawyer is a wise decision especially when there are chances of issues such as child custody and alimony being fiercely contested. A sagacious and concrete legal counselor such as Melocowsky & Melocowsky can provide invaluable inputs in child custody disputes and while determining division of property. There is not any better law firm in this arena than Melocowsky & Melocowsky. Their long list of satisfied clients speaks for itself.  

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