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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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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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.
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What is the difference between a divorce and a legal separation?Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common.
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How long will the divorce process take?It depends. If the parties have an agreement on all issues and meet certain other conditions, they may get divorced as soon as 35 days from the date the divorce starts. However, that is atypical. Depending upon the contentiousness and complexity of the case, the case could last a year or more.
