Westport Visitation Lawyer

A Westport visitation lawyer with a firm understanding of the different types of child custody and parenting plans can help ensure arrangements benefit both children and parents. Parenting plans should be fair, flexible, and always in the best interests of the minor child(ren). With many parents working long hours, commuting significant distances, or traveling frequently for business, the notion of a “typical workday” is largely outdated.

Our dedicated family attorneys provide creative solutions tailored to meet the unique needs of each client and family. Child custody is divided into two categories: legal custody and physical custody. Legal custody determines which parent has the right to make major decisions about the child’s education, healthcare, and religion. Based on our experience as Westport child custody lawyers, we estimate that over 95% of Connecticut parents share joint legal custody, with sole legal custody being the rare exception.

Types of Child Custody: Legal and Physical Custody

Physical Custody

Physical custody refers to the parenting schedule—specifically, which parent has physical care of the minor child on a given day. For example, a parent who spends one day per week with the child has physical custody on that day. In some cases, divorce agreements also include language establishing the child’s primary residence for school enrollment and related purposes.

Legal Custody

Legal custody concerns a parent’s authority to make major decisions about a child’s upbringing, including education, medical care, and religious training. Parents may share joint legal custody, or one parent may receive sole legal custody when the court determines that shared decision-making is not in the child’s best interests.

When parents cannot agree on joint legal custody, the matter becomes a contested custody case, which requires court involvement.

Contested Custody Cases and Court Involvement

In contested custody cases, third parties often become involved to help the court determine what arrangement serves the child’s best interests. For example, the court may appoint:

A Guardian ad Litem (GAL) to investigate and make recommendations regarding the child’s best interests
An Attorney for the Minor Child (AMC) to formally represent the child in the custody proceedings

After reviewing all relevant evidence, the court will issue a custody determination based on the “best interests of the child.”

“Best Interests of the Child” Factors Considered by the Court

The court may consider the following factors when determining custody. No single factor is required to carry more weight than another:

The child’s temperament and developmental needs
Each parent’s capacity and willingness to meet those needs
Any relevant and reliable information from the child, including informed preferences
Each parent’s wishes regarding custody
The child’s relationship with each parent, siblings, and others who significantly affect the child’s welfare
Each parent’s ability to encourage a healthy relationship between the child and the other parent
Any manipulation or coercive behavior involving the child
Each parent’s ability to remain actively involved in the child’s life
The child’s adjustment to home, school, and community
The length and stability of the child’s current living environment
The stability of each proposed custodial residence
The mental and physical health of all individuals involved
The child’s cultural background
The impact of any domestic violence or abuse
Whether the child or a sibling has been abused or neglected under section 46b-120
Whether a parent successfully completed a court-approved parenting education program under section 46b-69b

Together, these factors allow the court to evaluate the full scope of the child’s needs and determine a custody arrangement that supports the child’s long-term stability and well-being.

Litigation and Child Custody: When Litigation Becomes Necessary

A child visitation lawyer in Westport, we encourage parents to collaborate on issues of child custody. However, in some situations, litigation may be necessary. Our Westport child custody lawyers will vigorously pursue the custody and parenting schedule that works for our client and their children. When a successful agreement is reached, children can emerge from the process with two parents still in their lives, and the difficult feelings associated with divorce should then be mitigated.

During the pendency of the divorce or at any time after it has occurred, either parent may wish to relocate with the minor children. These cases can be highly charged and emotional. Our Westport child custody lawyers have tenaciously and successfully represented individuals on both sides of this issue.

Work With a Skilled Westport Visitation Lawyer

If you are facing challenges with visitation, custody arrangements, or parenting plan modifications, our knowledgeable Westport visitation lawyer could guide you through the process. We offer personalized strategies designed to protect your parental rights and support the best interests of your child(ren). Contact us today to discuss your options.