Stamford Divorce Lawyers
Parenting Time (Physical Custody, Visitation)
Parenting time, formerly known as physical custody or visitation, concerns where the child lives. Parenting time is usually shared, such as when the child essentially lives with one parent but visits with the other parent every other weekend. The parent with whom the child lives a majority of the time is sometimes said to be the custodial parent. The other parent is the non-custodial parent.
In decades past, under the ï¿½tender years doctrine,ï¿½ courts automatically presumed that young children were best cared for if their mother had primary physical custody. Today, the court is legally prohibited from making that presumption as is required to consider only the best interests of the child. However, whether the courts truly apply this gender-neutral standard is debatable, especially when very young children are involved.
Decision-Making Responsibility (Legal Custody)
Decision-making responsibility, formerly known as legal custody, is the power to make major decisions on behalf of the child. ï¿½Majorï¿½ issues include health care (whether and what type of treatment the child receives), schooling (whether the child attends public, private or home school and whether he or she received tutoring), religious training and attendance at religious functions, orthodontic care, and mental health care. A parent with ï¿½sole custody,ï¿½ that is, sole decision-making responsibility, has free reign over all major decisions relating to the child unless the childï¿½s physical health or emotional development might be significantly impaired.
Disputes sometimes arise about whether an issue is ï¿½majorï¿½ and, therefore, must be decided by the parent with legal custody or whether the issue is minor and can be decided by the other parent. Examples of this grey area include whether the child should participate in extracurricular activities, such as sports, drama or music, whether the child may begin driving or dating, and limitations relating to personal grooming such as haircuts, body piercing, tattoos, or makeup.
Modification of Parenting Time and Decision-Making Responsibility
A court will consider modifying the terms of parenting time or decision-making responsibility at any time, if such modification would serve the best interests of the child. However, if the request to modify would change an existing order as to which parent the child primarily resides, the court will only consider such motion every two years unless the childï¿½s physical health or emotional development are at risk or if the other parent intends to relocate the child to a far-away location.
Decision-making responsibility may be shared by both parents equally, may be allocated to one parent according to the specific issue, or may be held solely by one parent according to the ï¿½best interests of the child.ï¿½
Based on the discretionary nature of the Courtï¿½s analysis as well as the large number of variables involved, it is highly recommended that any party seeking to establish or change an existing child custody order or agreement hire an attorney who specializes in child custody issues.
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Legal Help For Those Involved in a Child Custody Dispute
Are you or a family member involved in a custody dispute? The lawyers at Papcsy Janosov Roche can help you obtain justice. Contact a child custody attorney at Papcsy Janosov Roche now at 203.642.3888 or simply fill out the Free Divorce Case Evaluation Form.
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