In Connecticut, child custody laws for unmarried parents are based on the best interests of the child. While some aspects of the laws may be similar to those that govern custody and visitation of children of married parents, there are also some unique characteristics that apply to custody disputes involving unmarried parents. This article will provide a detailed overview of Connecticut child custody laws for unmarried parents.
Understanding Physical and Legal Custody
When it comes to child custody, there are two types of custody arrangements: physical custody and legal custody.
Physical Custody
Physical custody refers to where the child resides primarily and who is responsible for physically caring for the child on a day-to-day basis. Physical custody can be either sole physical custody or joint physical custody. Sole physical custody is awarded to one parent, while joint physical custody is when both parents share in the physical care of the child.
Legal Custody
Legal custody, on the other hand, refers to which parent has the authority to make legal decisions for the child, such as those related to education, medical care, and religion. Legal custody can also be either sole legal custody or joint legal custody. Sole legal custody is when one parent has the exclusive right to make legal decisions for the child, while joint legal custody is when both parents have an equal say in making legal decisions for the child.
Factors Considered in Custody Determinations
When unmarried parents cannot agree on a custody arrangement for their child, the Connecticut courts will make the determination. In making this determination, the court will consider several factors, including:
The Child’s Best Interests
At the root of Connecticut’s child custody laws is the concept of the child’s best interests. Every decision made by the court in child custody disputes hinges on what is in the child’s best interests.
Parenting Capability
The court will assess each parent’s capability to provide for the child’s physical, emotional, and mental needs, as well as their work schedule, living arrangements, and lifestyle.
Relationship with the Child
The court will also consider the relationship each parent has with the child, including the quality and history of the relationship; the level of involvement each parent has had in the child’s life; and any past or current issues that may have affected the relationship.
Domestic Violence
If there is a history of domestic violence in the home, the court will consider this in its custody determination, and it may impact the parent’s ability to have custody.
Unmarried Fathers and Child Custody
Before 2009, Connecticut law favored mothers in child custody disputes. The courts and the legal system often viewed fathers as secondary caregivers, marginalizing their role in their child’s life. However, in 2009, Connecticut law changed to recognize the importance of both parents in a child’s life, regardless of their marital status.
Establishing Paternity
For fathers who are not married to the child’s mother, establishing paternity is crucial to securing their rights as a parent. This can be done voluntarily, through an acknowledgement of paternity form filed with the state, or involuntarily through a paternity lawsuit. Once paternity is established, the father has the right to seek custody and visitation.
Parenting Time
Connecticut law recognizes the importance of a child having a meaningful relationship with both parents, regardless of whether they are married. Therefore, both parents may be awarded parenting time, although the amount of time may vary depending on the individual circumstances of the case.
Factors Affecting Unmarried Fathers
While fathers have the same right to custody and parenting time as mothers, there are some factors that may affect their chances of getting custody or substantial parenting time. For example, fathers who have been absent from the child’s life may have a harder time securing custody or significant parenting time. Additionally, fathers who have a history of substance abuse or domestic violence may face challenges in getting custody or meaningful parenting time.
Conclusion
Child custody disputes can be emotional and stressful, but Connecticut law is clear that the best interests of the child must be paramount in any custody decision. Although there are unique aspects of custody disputes involving unmarried parents, the courts are obligated to consider the same factors that apply to disputes involving married parents. Unmarried fathers have the same rights as mothers, but it is important for them to seek legal advice and take steps to establish paternity early on in the process to ensure their rights are protected.