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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“I had a fairly complex case which involved adultery. Janet & Olivia were able to dissect the issue in a stepwise, logical manner, delivering ample rewards during the actual trial.”- Former Client
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“I know Ferro Family Law provided me the very best outcome I could hope for. Since then, I have retained them to represent me in some post judgment actions.”- Former Client
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“From the first time I met Janet & Olivia, through the end of my case, I knew I was in great hands. I cannot thank Ferro Family Law enough.”- Former Client
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“Aggressive, compassionate, cost-effective. I regularly refer Janet & Olivia to some of my most sensitive divorce cases. They are results-focused and responsive.”- Attorney Referral
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“This compassionate group of knowledgeable attorneys helped me and my children. I have and will continue to refer this firm to anyone in need of counsel for divorce.”- Former Client
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“Not only did Janet & Olivia quickly help me secure all protections for my daughter, they also ingeniously found a way to impel my spouse to get proper treatment.”- Former Client
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“Janet & Olivia genuinely care about all aspects of the client’s case and pay close attention to the client’s concerns, goals, and finances.”- Former Client
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“I have worked on several matters with Janet and Olivia. They are amazing attorneys. Smart, thorough and practical.”- Former Client
Have Questions?
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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.
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What are the grounds for a “fault” divorce?
The fault grounds for divorce include adultery, fraudulent contract, desertion, alcohol or drug addiction, intolerable cruelty, imprisonment, and others. To get divorced, one party must establish one of these grounds. It is uncommon for one party to ask for a divorce on a fault-based ground.
A party does not need to file for divorce on a fault-based ground, however, to argue that the court should consider the other party’s fault. The court may consider the fault of either party when making alimony and property division orders.
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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.
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What is alimony?Alimony is a court-ordered payment from one party to another. There are several factors that come into play when determining if one party should be granted alimony including, but not limited to, the length of the marriage, the amount and sources of income, and the causes for the breakdown of the marriage. Connecticut does not have alimony guidelines, which means that the decision to award alimony, including the duration and the amount, is entirely in the judge’s discretion.
