Divorce Connecticut Custody

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Child custody is one of the major issues in a procedure of dissolution of marriage. There are very few cases, where partners agree on the terms of guardianship. Mostly, there are ongoing conflicts for many years till the satisfactory results are not obtained by the spouses. The whole court proceeding regarding this matter is carried out with the help of family laws and special acts formed for this purpose. Divorce custody in Connecticut is of three types mainly: sole responsibility, shared guardianship or third-party parenting. Following are some details about this issue.

Divorce Custody in Connecticut and UCCJEA

This state has embraced UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act). This Act talks about the rules and regulations that have to be followed while deciding on the subject of guardianship. As per this Act, a person can file for legal guardianship only in the home state of the child. The home state is defined as a state in which -

• The kid has resided with an individual acting as a guardian or the biological parent for minimum 6 consecutive months.
• If the age of the child is less than 6 months, then the state in which he or she has resided since birth.

The home state provision has some exclusion. It is permitted that in some cases; it is possible to file in a state wherein minimum one parent has considerable connections. However, generally this is permissible when there is no home state or the home state has acceded to allow another state to have the jurisdiction. This is rather complex to digest and the divorce lawyer can precisely guide the client in this regard.

Temporary Custody Orders

A person is permitted to file for temporary emergency order in a state which is not the home state in the following cases:

• The kids have been deserted by the partners or there is an emergency to safeguard them as a spouse or sibling is threatened or is a victim of abuse or mistreatment.
• The family is currently residing in that state.

Relocation of parents in Divorce Custody in Connecticut

Connecticut passed a set of statutory guidelines, pertinent to relocation of custodial parents that were effective from 1st October 2006. As per this revised statute, the court needs evidence regarding the following -

• The relocation is for a legitimate objective.
• The proposed location is reasonably chosen to fulfill this objective.
• The relocation is in the best interest of the child.

Factors considered while awarding child custody

It is a quite complicated issue, as it involves a lot of emotional and social factors. But, Connecticut court gives priority to the best interest of the child involved, regardless of the gender and other preferences of the spouses. Following factors are used to determine optimum beneficial situation for the kids:

• Financial situation of both spouses
• Kinship and level of relations
• Religious compatibility and other aspects of this issue
• Reasons for past relinquishment
• Any impairment in playing the role of a parent. It can be checked through a third-party observation.
• Capacity to offer personal care and support when required
• Desire to handle the responsibility and accomplish the related duties
• Emotional stability
• Moral character and past incidences of adultery, if any.
• Whether the child is well adjusted and happy in the present arrangement? If yes, can it be continued?
• Strength of bonding
• Keeping siblings together
• Whether one partner is frequently absent from home or has an unpredictable travel schedule?
• Which person performs the following:
  • Accompanies the kids to the doctor
  • Arranges play dates
  • Remains present at teacher conferences
  • Manages the school meetings
• Who is close to the kid? Which parent is able to understand the needs and opinions in a better manner?

These are some points on the basis of which the judge studies a case. If the court finds out any history of past abuses or domestic violence, the spouse responsible for those incidences will be restricted from having a sole guardianship. He or she may be allowed for visitation as per the court orders. Once divorce custody in Connecticut is finalized, it comes into an immediate enforcement. Any modification or alteration is possible if it is extremely necessary for the child.

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