What is joint custody in Connecticut?

Going through a divorce or separation is one of life's most challenging experiences, especially when children are involved. If you're navigating this process in Connecticut, you've likely heard the term "joint custody." It sounds straightforward, but what does it actually mean under Connecticut law?

Simply put, joint custody in Connecticut means both parents share the rights and responsibilities of raising their child. It’s not just about where the child sleeps; it’s about a continued partnership in parenting even after your own partnership has ended. The state’s laws are designed to encourage both parents to stay actively involved in their child's life, and when parents can agree, the court generally supports a joint custody arrangement.

This article will break down everything you need to know about joint custody in Connecticut. We'll explore the legal definitions, the required steps, and the practical realities of making it work for your family.

Understanding Joint Custody in Connecticut: The Legal Foundation

In Connecticut, the concept of "joint custody" is officially defined in the state statutes. It’s important to understand that it has two distinct parts: legal custody and physical custody.

According to Connecticut General Statutes (C.G.S.) § 46b-56a(a), “joint custody” is defined as "an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents."

Let's unpack those two key components:

Joint Legal Custody: This is about the big-picture decisions. When parents have joint legal custody, they must consult with each other and jointly make major decisions regarding their child's welfare. This typically includes choices about education (like school selection), non-emergency medical care, and religious upbringing. It’s the "who decides" part of the equation.
Joint Physical Custody: This refers to the day-to-day parenting schedule and where the child lives. It’s the "who the child is with" part. It's crucial to understand that joint physical custody does not always mean a perfect 50/50 split of time. The schedule is designed to ensure the child has regular, ongoing contact with both parents in a way that works for the child's age, needs, and the family's logistics.

The law also clarifies that "The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody" (C.G.S. § 46b-56a(a)). This means you could have a primary residence for the child with one parent, but both parents still share the major decision-making authority.

Connecticut Law Requirements for Joint Custody

When you're seeking a joint custody arrangement in Connecticut, the court's decisions are guided by specific legal standards and requirements.

The Presumption of Joint Custody (When Parents Agree)

Connecticut law strongly favors parents working together to create their own custody arrangements. In fact, there is a legal presumption that joint custody is the right choice if both parents agree to it.

C.G.S. § 46b-56a(b) states, "There shall be a presumption, affecting the burden of proof, that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody..."

This is powerful. It means if you and your co-parent present a united front with a joint custody agreement, the court will start with the assumption that your plan is in your child's best interest. A judge would need a very compelling reason to reject an agreement that both parents have made.

The "Best Interests of the Child" Standard

If parents cannot agree on custody, the presumption disappears. The court must then make a decision based on one overarching principle: the best interests of the child. This is the most important standard in any Connecticut custody case.

The law provides a list of factors for the judge to consider when determining what is in a child's best interest. According to C.G.S. § 46b-56(c), these factors include, but are not limited to:

The physical and emotional safety of the child.
The child's temperament and developmental needs.
The ability of each parent to understand and meet the child's needs.
The child's informed preferences, if they are of a sufficient age and maturity.
The past and current relationship between the child and each parent.
The willingness of each parent to encourage a continuing relationship between the child and the other parent.
The child's adjustment to their home, school, and community.
The stability of the child's existing or proposed home environments.
The mental and physical health of everyone involved.
The effect on the child of any domestic violence.

The court is not required to give any single factor more weight than another, but it must explain the basis for its decision.

The Parenting Plan Requirement

To formalize a custody arrangement, Connecticut law requires parents in any disputed custody case to create and submit a parenting plan. This document is the roadmap for your co-parenting future. According to C.G.S. § 46b-56a(d), a parenting plan must include, at a minimum:

A residential schedule: A detailed schedule of where the child will live throughout the year, including holidays, school vacations, and birthdays.
Decision-making authority: An allocation of who makes the major decisions about the child's health, education, and religious upbringing.
Dispute resolution: A plan for how you will resolve future disagreements, which might involve using a mediator or co-parenting counselor.
Accountability: Provisions for how to handle a parent's failure to follow the plan.
Future flexibility: A framework for addressing the child's changing needs as they grow older.
Conflict reduction: Provisions designed to minimize the child's exposure to parental conflict.

Even if you agree on joint custody, creating a thorough parenting plan is a critical step to prevent future misunderstandings.

Step-by-Step Process for Getting a Joint Custody Order

Whether you and your co-parent are in complete agreement or have some disputes to resolve, the process for establishing joint custody in Connecticut follows a structured path.

Step 1: Work Toward an Agreement

The most efficient and least stressful path is to reach an agreement with your co-parent. This allows you to maintain control over the decisions affecting your child, rather than leaving them up to a judge. Consider using mediation, a process where a neutral third party helps you and your co-parent negotiate the terms of your agreement. Mediation services are available through the court system (C.G.S. § 46b-53a) or privately.

Step 2: Create a Detailed Parenting Plan

Once you have the broad strokes of an agreement, you must put it into a detailed, written parenting plan. Use the requirements listed in the section above as your checklist. Be as specific as possible to avoid ambiguity. For example, instead of saying "alternating holidays," specify which parent has Thanksgiving in even years and which has it in odd years.

Step 3: File the Necessary Paperwork with the Court

Your parenting plan and custody agreement are filed with the Superior Court as part of your divorce or custody case. Along with your agreement, you will need to file other important documents, including:

Sworn Financial Statements: Both parties must file these forms detailing their income, expenses, assets, and liabilities (Practice Book § 25-30).
Affidavit Concerning Children: This form provides the court with essential information about the children as required by state and federal law (Practice Book § 25-57).
Child Support Guidelines Worksheet: If child support is involved, you must submit a worksheet showing how the proposed support amount was calculated.

Step 4: Court Review and Approval

A judge must review and approve your agreement. The court's job is to ensure the agreement is "fair and equitable under all the circumstances" and, most importantly, that it serves the best interests of your child (C.G.S. § 46b-66). If the judge finds your agreement meets this standard, it will be incorporated into your final divorce decree and become a legally binding court order.

What If You Can't Agree?

If you cannot reach an agreement, the court will decide for you. The process for a contested custody case is more complex and typically involves:

Filing Motions: Each parent files motions asking the court for the custody orders they want.
Court Dates: You will attend a series of court dates, starting with a "Resolution Plan Date" where a family relations counselor helps identify the disputed issues and recommends a path forward (Practice Book § 25-50A).
Custody Evaluation: The court may order a custody evaluation, where a mental health professional or a family relations counselor investigates your family's situation and makes a recommendation to the judge (Practice Book § 25-60).
Trial: If no agreement can be reached, your case will go to trial. Both parents will present evidence and testimony, and a judge will make the final decision based on the best interests of the child.

Important Considerations for Joint Custody in Connecticut

It's Not Always 50/50: Remember, joint physical custody does not guarantee a 50/50 time split. The schedule should be tailored to your child's needs and your family's specific circumstances.
Communication is Essential: Successful joint custody requires open, respectful, and consistent communication. Many parents find success using co-parenting apps to manage schedules and share information.
Child Support is a Separate Issue: A joint custody arrangement does not eliminate child support. Support is calculated based on the Connecticut Child Support Guidelines, which consider both parents' incomes and the amount of time the child spends with each parent.
Modifying Your Order: Life changes. If there is a "substantial change in circumstances" after your custody order is finalized, you can ask the court to modify it (C.G.S. § 46b-86).
Relocating with a Child: If a parent with joint custody wants to move a significant distance, they must follow specific legal procedures. The relocating parent has the burden of proving the move is for a legitimate purpose and is in the child's best interest (C.G.S. § 46b-56d).

Frequently Asked Questions About Joint Custody in Connecticut

What's the difference between joint legal and joint physical custody?

Joint legal custody is about shared decision-making authority for major issues like education, religion, and healthcare. Joint physical custody is about the parenting schedule and where the child physically resides. You can have joint legal custody even if one parent is the primary residential parent.

Do we have to go to court to get a joint custody agreement?

Yes. Even if you and your co-parent agree on every detail, your agreement is not legally enforceable until it has been reviewed and approved by a Superior Court judge and made part of a court order.

If we have joint custody, does anyone pay child support?

Yes, almost always. Child support is calculated based on state guidelines that factor in both parents' incomes and the parenting schedule. The goal is to ensure the child's financial needs are met consistently in both households.

What happens if my ex-spouse doesn't follow our joint custody plan?

A parenting plan incorporated into a court order is legally binding. If one parent violates the order, the other parent can file a Motion for Contempt with the court (Practice Book § 25-27). If the judge finds the parent in contempt, they can order remedies like make-up parenting time or payment of the other parent's attorney's fees.

Can a child decide which parent they want to live with in Connecticut?

The court may consider the "informed preferences of the child" if the child is mature enough to express a reasoned opinion (C.G.S. § 46b-56(c)(4)). However, the child's wish is just one of many factors the judge considers. It is not the deciding factor, and the final decision is always based on the child's overall best interests.

Is there a presumption for joint custody in Connecticut if we don't agree?

No. The legal presumption in favor of joint custody only applies when the parents have already agreed to it. If you disagree, the court starts with a blank slate and makes a decision based purely on the best interests of the child after hearing evidence from both sides.

Can we get joint custody in Connecticut if we were never married?

Absolutely. The laws governing custody and parenting plans apply equally to married and unmarried parents. If you are an unmarried parent, you can file an application for custody with the court to establish a legally enforceable parenting plan (C.G.S. § 46b-61).

Getting Help

Navigating the complexities of joint custody in Connecticut can be overwhelming. It is highly recommended that you consult with an experienced Connecticut family law attorney who can protect your rights and help you understand your options. A lawyer can help you negotiate a fair agreement, draft a comprehensive parenting plan, and represent you in court if necessary.

Mediation is another valuable resource that can help you and your co-parent reach a mutually acceptable agreement outside of the courtroom. For more information and official forms, you can also visit the Connecticut Judicial Branch website.

Conclusion

In Connecticut, joint custody is a framework designed to keep both parents involved and responsible for their children after a separation or divorce. It recognizes that children thrive when they have meaningful, consistent relationships with both parents. While the ideal path involves creating an agreement together, the court's ultimate goal is always to create a stable, safe, and supportive environment that serves the best interests of the child. By understanding the law and focusing on cooperative co-parenting, you can build a positive future for your child.