As life unfolds, circumstances involving children can change significantly, prompting courts to revisit and adjust previous orders, or even implement new ones, after a divorce is settled. These modifications may pertain to child support, custody, visitation, or a combination of these elements. In cases where modifications of orders concerning custody and visitation of minor children are involved, the Superior Court acts according to General Statutes § 46b-56 (a). This statute grants the court comprehensive power to create or adjust orders concerning the custody, care, education, visitation, and support of minor children in dissolution cases.
For motions concerning the modification of custody, unlike those related to alimony or child support which necessitate showing a “substantial change in circumstances,” a parent must demonstrate a “material change” since the court's previous determination regarding the child's best interests. Alternatively, it must be shown that the existing order did not focus on the child's best interests from the outset. This generally involves re-evaluating the validity of the previous order alongside reviewing the current situation to ensure that the current “best interests” standard would justify any new custody arrangements potentially more beneficial for the child.
When it comes to modifying visitation arrangements, courts apply a different standard. They are not obliged to identify a threshold change in circumstances to consider changes. Instead, they are guided solely by what serves the child's best interest. Hence, proof of a “substantial change” or “material change” in circumstances isn't necessary to revise a visitation schedule, provided a convincing case is made that the proposed plan serves the minor child's best interests more effectively.
Before pursuing any judicial modifications to a parenting arrangement, it is advisable for parties to consult with legal counsel acquainted with such matters and gather evidence to support any claims they intend to present in court.
Contact Us
If you have any questions about changing or re-doing your child custody order, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
