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Understanding the Differences Between Legal and Physical Custody in Connecticut
Navigating child custody issues is one of the most challenging aspects of divorce or separation for parents. In Connecticut, custody is divided into two distinct categories: legal custody and physical custody. Understanding the difference between these two types of custody is critical as it determines both your decision-making authority and your day-to-day involvement in your child’s life. Below is an overview of what each type of custody entails and how it may impact your family.
What is Legal Custody?
Legal custody refers to a parent’s right to make major decisions regarding the upbringing of the child. This includes decisions about:
- Education: Where your child will attend school and what type of education they will receive.
- Medical care: Choices regarding medical treatment, health care providers, and mental health services.
- Religious upbringing: Decisions about religious practices and which faith, if any, the child will be raised in.
- Extracurricular activities: Decisions about participation in sports, clubs, or other after-school activities.
In Connecticut, Courts often favor joint legal custody, meaning both parents share the responsibility for making these important decisions. However, in cases where joint decision-making may not be possible due to high conflict or other issues, one parent may be awarded sole legal custody, giving them the exclusive right to make decisions on behalf of the child.
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Legal custody has nothing to do with how much time a child spends with either parent.
What is Physical Custody?
Physical custody refers to where the child lives and which parent is responsible for the child’s day-to-day care. Physical custody determines who provides the child with daily meals, transportation, supervision, and general caregiving.
There are different types of physical custody arrangements in Connecticut:
- Primary physical custody: In this arrangement, the child lives primarily with one parent, who becomes the custodial parent, while the other parent has visitation or parenting time. This setup is common when it’s in the best interest of the child to have one home base.
- Joint physical custody: In joint physical custody, the child spends substantial time living with both parents. This does not necessarily mean a 50/50 split of time, but it does ensure that both parents have significant time with the child.
How Connecticut Courts Decide Custody
In Connecticut, the primary consideration for determining both legal and physical custody is the best interest of the child. The goal of the court is to ensure that the custody arrangement supports the child’s welfare and fosters a strong relationship with both parents whenever possible. Connecticut General Statutes § 45b-56 sets forth a non-exhaustive list of seventeen different factors that it may consider when making its best interests determination. Noticeably absent from this list are the child’s preferences.
Working with an Experienced Family Law Attorney
Custody decisions are crucial, and having an experienced family law attorney on your side can make all the difference. Whether you’re negotiating custody during a divorce, modifying an existing order, or dealing with a high-conflict situation, I provide the guidance and support you need to protect your parental rights and achieve an arrangement that serves your child’s best interests.