Child Custody & Visitation

Westport Child Custody & Visitation Lawyers

Practical Solutions for Clients in Fairfield County, CT

When navigating the sensitive and deeply personal matter of child custody, you need a thorough understanding of your legal options and the factors that impact court decisions. At Ferro, Battey & Eucalitto, LLC, we recognize that your child's well-being is paramount. 

Our team is committed to providing comprehensive legal representation to help you achieve a custody arrangement that prioritizes your child’s best interests. 

With our professional guidance, you can confidently approach these proceedings, knowing that your parental rights are zealously protected and that every effort will be made to secure a fair and stable outcome for your family. 

Discuss your case with a Westport child custody and visitation attorney at Ferro, Battey & Eucalitto, LLC by calling (475) 264-4362 or reaching us online

Legal Custody vs. Physical Custody 

Custody arrangements are typically divided into two components: legal custody and physical custody. 

Legal custody refers to the authority to make major decisions regarding the child’s upbringing, including education, healthcare, and religion. Joint legal custody allows both parents to share decision-making responsibilities, fostering cooperation and mutual involvement in the child’s life. However, if one parent is awarded sole legal custody, he or she retain exclusive authority over these matters. 

Physical custody relates to where the child resides. The court may award sole physical custody to one parent, with the other parent typically receiving visitation rights. 

Joint Custody

Courts often award joint physical custody. 

Connecticut law presumes joint custody is in the child's best interests when both parents agree. Visitation schedules can be as detailed or as flexible as needed to accommodate family needs and preferences, as long as they meet the child's best interests. 

Understanding Custody Determinations in Connecticut

Connecticut courts base custody decisions on the child's best interests. 

 To make this determination, the court assesses a variety of factors, including: 

  • The emotional bond between the child and each parent
  • The child’s developmental needs
  • The ability of each parent to provide a safe and stable environment
  • The child’s relationships with siblings 
  • The willingness of each parent to foster the child’s relationship with the other parent 
  • The child’s preferences, depending on their age and maturity 
  • The mental and physical health of both parents 
  • The history of caregiving by each parent 
  • Any evidence of abuse or neglect

Child custody orders can be modified when a substantial change in circumstances occurs or if the custody orders are no longer in the child’s best interests.  Either parent may request a modification

Common reasons for modification include relocation, changes in a parent’s ability to care for the child, or a child's evolving needs. 

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Have Questions?

  • Does Connecticut have no-fault divorce?
    Connecticut has no-fault divorce, meaning that neither party needs to establish that the other is at fault to get divorced. Instead, to get divorced, one party must show that the marriage has irretrievably broken down with no hope of reconciliation. However, no-fault divorce does not mean that the fault of one or both parties is irrelevant. The court may still consider fault when making awards of alimony or dividing property.
  • Who is entitled to custody of the children in a divorce case?
    The court may assign custody of a child to either parent, jointly to both parents, or in very rare situations, to a third party, depending on the facts of the case and the best interests of the child.
  • How are child support obligations determined?
    In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income.  To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
  • What is joint custody?

    There are two types of joint custody: joint legal custody and joint physical custody. Legal custody concerns the parents’ ability to make major decisions for their children. Major decisions include health, education, and religious decisions. If parents have joint legal custody, the parents are required to agree on all major decisions for their children.

    Physical custody addresses when the children are with each parent.  If the parents have joint physical custody, each parent spends time with the children. In some cases, parents may have shared physical custody, which means the children spend approximately half the time with each parent.

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