There are two paths parents can take when initially pursuing child custody and child support. The first one is for married parents who are divorcing; the other is for unmarried parents. The laws that apply are essentially the same, but the procedures may vary.
Filing for Child Custody and Child Support
When a parent decides to file for divorce, the request for custody and support goes into the initial Complaint for dissolution of the marriage. The other parent can answer the Complaint and/or file a Cross-Complaint seeking custody and support.
If parents aren’t married but share a child, an Application must be filed for custody and support.
Notably, where custody and/or support was previously awarded, and one party wants to modify it now, a post-judgment modification Motion must be filed. This is true regardless of whether the original custody and support award occurred in the context of a divorce or in response to an application by an unmarried parent.
In all of these cases, disputes over custody and support are resolved either by mutual agreement of the parents or by a Judge after a Court Hearing.
Connecticut Child Custody Law
Child custody has two parts in Connecticut: legal custody and the parenting schedule. They are decided separately. For example, one parent can have sole legal custody but still share parenting time with the other parent.
Legal custody determines who can make major decisions concerning the child(ren). These include decisions about the child’s health, education, religion, and general welfare.
The parenting schedule sets forth which parent has time with the child on a given day, including holidays and school vacations.
There is a legal presumption that joint legal custody is in the child’s best interests. Sole legal custody is rarely granted but may be awarded if there are certain extenuating circumstances, such as significant evidence of abuse, neglect, or the other parent’s unfitness. If parents have joint legal custody and cannot agree on a particular decision, the Judge may still Order joint legal custody but make one parent the final decision-maker.
If parents cannot settle their legal custody and/or Parenting Plan disputes, the Court may appoint a Guardian ad Litem (GAL) or Attorney for the Minor Child (AMC). A custody evaluation may also be Ordered. The GAL and/or custody evaluator will conduct interviews with the parents, child(ren), and other collateral sources, as well as an investigation to prepare recommendations for the Judge.
The Judge will encourage the parents to settle. If the parents still cannot agree, the Court will decide on the issue after a hearing where both sides present evidence. The standard the Judge applies when entering is Orders is what is in the child’s best interests.
Connecticut Child Support Law
In Connecticut, statutory guidelines set forth how much support a parent must pay. A non-custodial parent pays the custodial parent child support. If both parents share custody equally, the higher earner pays the lower earner. Parents can come to their own agreement regarding support. If they cannot settle the matter, then it will go to the Judge to decide after a Court Hearing. A Judge is permitted to deviate from the presumptive amount of child support based on factors such as shared physical custody, coordination of total family support, or the best interests of the child(ren).
Child Custody and Child Support Hearings
A Hearing is similar to a Trial. Both parties appear before the Judge in a Courtroom with their attorneys and present evidence, including witness testimony and documents. Before the Hearing, there could be a discovery process where each side requests information from the other to prepare for the Hearing.
In custody Hearings, witnesses may include the parents, GAL, custody evaluator, childcare providers, and other collateral sources, as well as anyone else who has observed the child or been involved in the child’s life. Documents may include emails, text messages, videos, and third-party records.
In support hearings, financial documentation is typically presented to calculate support.
Resolving Your Disputes
Ideally, parents try to settle their custody and support conflicts on their own or with the assistance of an attorney. It is faster and less costly. Where that isn’t possible, working with a skilled family lawyer who can be a strong advocate on your side is essential.
Our attorneys have extensive experience handling child custody matters. Contact us for a consultation if you are considering divorce or seeking custody or support outside of a divorce proceeding.
