In Connecticut, the legal and physical custody of a child can be negotiated and determined by their parents or guardians with the help of an attorney. After the parents reach a custody agreement, the agreement is then submitted to the court. The court may deny or approve it depending on how well it serves the child as the court is required to make a finding that the custody arrangement is in the best interests of the child. If the parents have different opinions and cannot come to a mutual agreement about parenting time, responsibility, and safekeeping of the child, the court will ultimately make a decision for them. What the child wants in regards to a parenting plan and custody is a factor for the court to consider; however, a child’s views are more likely to be taken into consideration the older the child is.
When a family lawyer talks about custody they are referring to either legal custody or physical custody. The main difference between the two types of custody is that legal custody addressed who makes major decisions affecting the child’s education, medical care, religion, and other important decisions. Physical custody on the other hand determines the primary residence of the child and with whom the child spends their physical time.
It is possible for both parents to share decision making authority regarding their child through joint custody, which they may be granted if it serves the best interest of the child. However, when the parents are unable to make decisions together regarding their child it is possible for a parent to granted sole legal custody. This is not a common outcome but in some families, the parent’s inability to make joint decisions for the child can so negatively affect the child that this outcome may be the only way to be sure the child’s best interests are protected.
“Trying to determine which parent or guardian gets physical and legal custody over a child is often an emotional endeavor,” said Attorney Cynthia Coulter George of Schoonmaker, George, Colin, Blomberg, Bryniczka & Welsh, P.C.. “If the child’s parents or guardians are able, it is typically most beneficial for a child if their parents/guardians are able to put aside any differences to come to a mutual agreement regarding child custody.”
Difference Between Joint Legal Custody & Sole Legal custody
Joint legal custody is an arrangement where both parents have the right to make important decisions regarding the child’s schooling, welfare, sports, religion, medical, activities, personal care, employment, and any other significant decisions. When granted joint legal custody, the parents are heavily involved in the child’s everyday actions and can both have a say in decisions concerning their child’s future.
Sole legal custody means that only one parent has the full authority to make those major decisions regardless of the other parent’s opinion. If you are not granted sole joint custody, you must consult the other parent about any important decisions involving the child.
Difference Between Joint Physical Custody & Sole Physical Custody
There have been many occurrences where both parents share joint legal custody and joint physical custody. Joint physical custody can determine the child’s primary residence, and parenting time is divided among the two parties.
Sole physical custody gives one parent the full authority to provide residency for their child regardless of the other parent’s wishes. The parent who was not given sole physical study may either not have the ability to visit with the child at all if the issues leading to this result are so severe or that party has very limited parenting time with the child.
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