In contentious divorces, child custody can become another battleground. While one or both sides may seek full custody, in most cases, they will often end up with joint legal custody. Full custody is relatively uncommon. When it is awarded, it is typically done after an intensive evaluation and trial.
Sole Legal Custody vs Joint Legal Custody
Under Connecticut law, there is a presumption that joint legal custody is in the child’s best interests. With joint legal custody, both parents have equal rights to make important decisions about their child’s health, education, religion, and extracurricular activities.
Sole legal custody gives one parent the right to make such major decisions. It is only granted if a parent lacks the capacity to make decisions as to what is in the best interests of his or her child. Typically, this means showing evidence of impairment due to mental illness or substance abuse, or abuse or neglect of the child.
Importantly, even where one parent has sole legal custody, generally, the other parent will still have parenting time with the child. Disagreements over parenting time are addressed separately from legal custody.
Disputes over Custody
Often, parents can settle issues related to legal custody on their own. A child is likely to have an established school, religion, and doctor. If there is a conflict over these, the parties may be able to resolve it without litigation.
When parents cannot agree, a Guardian ad Litem may be appointed by the Court or agreed to by the parties to represent the child’s best interests in the dispute. The Guardian ad Litem is often an attorney or mental health professional. The individual may investigate the facts, interview parties with relevant information, facilitate settlement, and make recommendations to the Court.
The Court may also order a custody evaluation. Typically, this involves bringing in a psychologist who is trained to perform evaluations in custody disputes to assess the parents, child, and the situation. The psychologist may conduct psychological testing, review records, and interview individuals with knowledge of the family such as teachers, childcare providers, relatives, and others. At the conclusion of the evaluation, a report will be prepared for the Court which includes the psychologist’s opinion on what would be in the best interests of the child.
If the parties are still unwilling to settle after the recommendations are given, the case will go to trial. The parties will be able to question the Guardian ad Litem, custody evaluator, and any other witnesses. Other evidence may also be produced, including competing psychologists to offer expert witness testimony challenging the evaluation. The judge is not required to follow the recommendations of the Guardian ad Litem or custody evaluator and will weigh all the evidence to decide on custody.
Custody battles are particularly stressful and emotional, especially when the fight is over full custody. If you are a parent considering divorce, contact us for a consultation. Our attorneys have extensive experience with divorce and custody matters and can advise you regarding the best way to achieve a positive outcome in your case.
