What factors do Connecticut courts consider for child custody?

Deciding on arrangements for your children is often the most emotional and challenging part of a divorce or separation. If you and your co-parent can't agree on a parenting plan, a Connecticut judge will have to make the decision for you. When this happens, the court's one and only guiding principle is the best interests of the child. This isn't just a vague idea; it's a legal standard defined by a specific set of criteria.

Understanding these criteria is crucial for any parent navigating a custody case. The court isn't focused on what's "fair" to the parents, but on what will best support a child's health, safety, and emotional well-being. Connecticut law provides a roadmap for this decision-making process, outlining numerous factors a judge must consider. Knowing these factors can help you understand what the court is looking for and how to best present your case.

This article will break down the specific Connecticut child custody factors, explain the legal process, and provide practical guidance to help you feel more prepared and in control during this difficult time.

Understanding the "Best Interests of the Child" Standard

In every Connecticut case involving the care and custody of a minor child, the court's decision must serve the child's best interests. This is the law. Connecticut General Statutes (C.G.S.) § 46b-56(c) lists specific factors the court must consider when determining what arrangement is in a child's best interest.

It's important to know that a judge has broad discretion. The law states the court "may consider, but shall not be limited to, one or more of the following factors." This means a judge can look at this list and decide which factors are most relevant to your family's unique situation. The statute also clarifies that the court "is not required to assign any weight to any of the factors that it considers, but shall articulate the basis for its decision."

This means no single factor automatically outweighs the others. Instead, the judge looks at the total picture created by all the relevant evidence to craft a custody order that promotes the child's well-being.

Connecticut Law Requirements: The 17 Statutory Custody Factors

The heart of any custody decision lies in the 17 specific Connecticut child custody factors listed in C.G.S. § 46b-56(c). Let's explore each one in plain English.

1. The physical and emotional safety of the child.

This is paramount. The court will look at whether each parent can provide a safe and stable home, free from physical danger, abuse, or neglect. This also includes emotional safety—protecting the child from conflict, manipulation, or emotional harm.

2. The temperament and developmental needs of the child.

The court recognizes that every child is different. A judge will consider your child's age, personality, maturity level, and any special needs they may have (e.g., medical, educational, or emotional). The parenting plan should be tailored to these specific needs.

3. The capacity and the disposition of the parents to understand and meet the needs of the child.

This factor examines each parent's ability to be attuned to the child. Can you recognize and respond to your child's physical and emotional needs? Are you willing to put their needs before your own? The court looks for parents who are actively engaged and responsive.

4. Any relevant and material information obtained from the child, including the informed preferences of the child.

If a child is mature enough to express a reasonable and independent preference, the court will listen. This does not mean the child gets to "choose" which parent to live with. The judge will consider the child's age, maturity, and whether their preference is well-reasoned and free from parental influence.

5. The wishes of the child's parents as to custody.

The court will consider what each parent is requesting. If you and your co-parent have managed to agree on some or all aspects of a parenting plan, the court will likely approve it, as long as it serves the child's best interests.

6. The past and current interaction and relationship of the child with each parent, the child's siblings and any other person who may significantly affect the best interests of the child.

The court will examine the bonds the child has with each parent, their brothers and sisters, and other important figures like grandparents or step-parents. The goal is to maintain significant, healthy relationships where possible.

7. The willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders.

This is a critical factor. The court wants to see that you will support your child's relationship with their other parent. Actively undermining the other parent, badmouthing them to the child, or interfering with their parenting time can be viewed very negatively by a judge.

8. Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute.

Judges are strongly against parents putting their children in the middle of their conflict. Using a child as a messenger, asking them to take sides, or pressuring them to relay information is harmful and will be considered when evaluating the Connecticut child custody factors.

9. The ability of each parent to be actively involved in the life of the child.

This looks at each parent's practical ability to participate in the child's daily life. This includes things like helping with homework, attending doctor's appointments, participating in school events, and being present for extracurricular activities.

10. The child's adjustment to his or her home, school and community environments.

Stability is important for children. The court will consider how well the child is doing in their current home, school, and neighborhood. A judge will be hesitant to make a change that would disrupt a child who is thriving.

11. The length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment.

Similar to the factor above, this focuses on consistency. If a child has been living in a stable environment for a significant period, the court will favor maintaining that continuity. The law also notes that a court may "consider favorably a parent who voluntarily leaves the child's family home pendente lite in order to alleviate stress in the household" (C.G.S. § 46b-56(c)(11)).

12. The stability of the child's existing or proposed residences, or both.

The court will look at the physical living situations each parent offers. This isn't about who has the bigger house, but about which home provides a stable, safe, and appropriate environment for the child.

13. The mental and physical health of all individuals involved.

This includes the parents and the child. If a parent has a health issue (mental or physical) that impacts their ability to care for the child, the court will consider it. However, a disability in and of itself cannot be the sole reason to deny custody unless the arrangement is not in the child's best interests.

14. The child's cultural background.

The court may consider the child's cultural and religious background and each parent's ability to support and nurture that aspect of the child's identity.

15. The effect on the child of the actions of an abuser, if any domestic violence has occurred.

Domestic violence is taken very seriously. If there is a history of family violence, the court will carefully assess its impact on the child and the safety of any proposed custody arrangement. This is one of the most significant factors for custody in Connecticut.

16. Whether the child or a sibling of the child has been abused or neglected.

Any history of child abuse or neglect, as defined by Connecticut law, will be a major factor in the court's decision. The child's safety is the top priority.

17. Whether the party satisfactorily completed participation in a parenting education program.

In Connecticut, parents in a divorce or custody case are required to attend a parenting education program (C.G.S. § 46b-69b). The court will consider whether you have completed this requirement.

The Step-by-Step Process for Determining Custody

Understanding the Connecticut child custody factors is only part of the picture. It's also helpful to know how the process generally unfolds.

1. Filing the Case & Automatic Orders: A custody case begins when one parent files a complaint for divorce or an application for custody. Upon filing, a set of "Automatic Orders" immediately goes into effect for both parties (Practice Book § 25-5). These orders prevent either parent from taking certain actions, such as removing the child from the state or changing insurance beneficiaries, without court permission.

2. Parenting Education Program: As mentioned, both parents must complete a court-approved parenting education program within 60 days of the return date. This program is designed to help parents understand the impact of divorce on children and learn strategies for effective co-parenting (C.G.S. § 46b-69b).

3. Creating a Parenting Plan: Connecticut law requires parents in a custody dispute to file a proposed parenting plan with the court (C.G.S. § 46b-56a(d)). This is a detailed document outlining your requests for both legal and physical custody, including:

   • A schedule of where the child will live throughout the year.
   • How major decisions (health, education, religion) will be made.
   • A plan for resolving future disagreements.
   • How you will handle the child's changing needs as they grow.

4. Mediation and Resolution Efforts: The court system strongly encourages parents to resolve their disputes outside of a trial. You may be referred to a Family Relations Counselor for mediation (C.G.S. § 46b-53a) or participate in other alternative dispute resolution (ADR) processes to try and reach an agreement.

5. Custody Evaluations: If significant disputes remain, the court may order a custody evaluation. This can be done by the court's Family Services unit or by a private evaluator (Practice Book §§ 25-60, 25-60A). The evaluator will meet with the parents and child, gather information, and write a detailed report with recommendations for the court based on the child's best interests.

6. Court Hearing or Trial: If you cannot reach a full agreement, a judge will hold a hearing or trial. Both parents will have the opportunity to present evidence, call witnesses, and make arguments related to the Connecticut child custody factors. The judge will then issue a final custody order.

Important Considerations and Practical Advice

• Types of Custody: In Connecticut, "custody" has two parts. Legal custody refers to the right to make major decisions for your child (e.g., healthcare, education, religious upbringing). Physical custody refers to where the child primarily resides. Custody can be "sole" (one parent has the right) or "joint" (parents share the right). Joint legal custody is very common, even when one parent has primary physical custody.
• The Role of a GAL or AMC: In highly contested cases, the court may appoint a Guardian Ad Litem (GAL) or an Attorney for the Minor Child (AMC) (C.G.S. § 46b-54). These professionals are tasked with representing the child's best interests. They will conduct their own investigation and make recommendations to the court based on the same statutory factors.
• Documentation is Your Friend: Throughout your case, keep detailed records. Use a calendar to track parenting time. Keep copies of emails and text messages with your co-parent (as long as they are respectful). Gather report cards, medical records, and information about your child's activities. This documentation can provide concrete evidence of your involvement and ability to meet your child's needs.

Frequently Asked Questions (FAQ)

What is a parenting plan and is it required in Connecticut?

A parenting plan is a detailed written document that outlines how you and your co-parent will raise your child after separating. Under C.G.S. § 46b-56a(d), parents in a custody dispute are required to file a proposed parenting plan with the court. It should cover physical custody schedules, decision-making authority, and dispute resolution.

How old does a child have to be to decide who they live with in CT?

There is no specific age in Connecticut where a child gets to decide. One of the Connecticut child custody factors is the child's "informed preference" (C.G.S. § 46b-56(c)(4)). The judge will listen to a mature child's wishes, but the preference is just one of 17 factors considered. The final decision always rests with the judge based on the child's overall best interests.

Will the court automatically order 50/50 custody?

No. While there is a legal presumption that joint legal custody is in the child's best interest if the parents agree to it (C.G.S. § 46b-56a(b)), there is no such presumption for 50/50 shared physical custody. The court will create a parenting schedule based on all the best interest factors, which may or may not be an equal split.

Can a parent who committed domestic violence get custody?

The court takes domestic violence very seriously. The effect of domestic violence on the child is a specific and significant factor (C.G.S. § 46b-56(c)(15)). While a history of domestic violence does not create an automatic bar to all contact, it will heavily influence the court's decision. The court may award supervised visitation or deny custody if it finds that arrangement is necessary to protect the child's physical and emotional safety.

What is the difference between legal and physical custody?

Legal custody is about decision-making power for major issues like your child's education, non-emergency medical care, and religious upbringing. Physical custody refers to the parent with whom the child lives on a day-to-day basis. It's common for parents to share joint legal custody while having a different arrangement for physical custody.

Do I have to take a parenting class for a custody case in CT?

Yes. Under C.G.S. § 46b-69b, any party to a family court case involving a minor child must participate in a court-approved parenting education program. Failure to complete the program can be held against you by the court.

What happens if my ex isn't following the parenting plan?

A parenting plan that is incorporated into a court order is legally binding. If your co-parent is violating the order, you can file a Motion for Contempt with the court. If the judge finds them in contempt, they can order remedies to enforce the plan, including make-up parenting time, fines, or even attorney's fees.

Getting Help

Navigating a child custody case is complex, both legally and emotionally. The outcome will have a lasting impact on your family. While this article provides information on the Connecticut child custody factors, it is not a substitute for legal advice.

Consider consulting with an experienced Connecticut family law attorney who can help you understand your rights, develop a strategy, and advocate for you and your child's best interests. You can also find valuable resources, forms, and information on the Connecticut Judicial Branch website.

Conclusion

When parents cannot agree, a Connecticut judge's decision about child custody will always come back to one central question: What is in the best interests of the child? The answer is found by carefully weighing the 17 statutory factors laid out in C.G.S. § 46b-56. By understanding these factors, focusing on your child's needs, and demonstrating your willingness to be a cooperative and engaged co-parent, you can present the strongest possible case. Remember to prioritize your child's well-being above all else, as that is precisely what the court is trying to do.