Child Custody and Parenting
When discussing child custody matters, joint custody is a term that creates confusion, and with good reason. It has several meanings as used in Connecticut. There are two aspects to joint custody: legal or “decision-making” custody and physical or “residential” custody.
Our statutes define joint custody as awarding legal custody of a minor child to both parents, providing for joint decision-making by the parents and providing that physical custody be shared by the parents in such a way to assure the child of continuing contact with both parents. Our statutes further state that there is a presumption that joint custody is in the best interests of a minor child where the parents are able to communicate with each other.
Legal or decision-making custody refers to a parent’s ability and right to make important decisions for a minor child related to health, religion and education. If joint custody is agreed to by the parents or ordered by the court, the parents must work together to make decisions regarding issues that arise for a child. A parent with sole legal or decision-making custody can make decisions without prior consultation with the other parent.
Physical or residential custody refers to how much time each parent has with a child. Formerly talked about in terms of “visitation” or “access,” it is what we now call a "parenting plan." Parenting plans created by parents can reflect the unique situation of each family, taking into account the needs of all family members, employment hours, and special holidays or vacation plans; parenting plans created by the court will contain what the court decides they should contain.
Connecticut has many resources to help parents resolve parenting issues, including parenting counselors who can be brought in on a referral basis to help couples resolve parenting issues constructively, avoiding the high costs of a child custody battle.