In Connecticut, during divorce proceedings or after the dissolution has been finalized, the court may be called upon to make or modify orders regarding the custody of a minor child. This is done through the lens of the "best interests standard" as stipulated by C.G.S. § 46b-56(c). This principle guides the court in ensuring that any custody arrangement serves the child's welfare. Importantly, even if parents reach an agreement, the court will not approve it unless it determines that the arrangement aligns with the child's best interests.
When evaluating what constitutes the best interest of the child, the court may assess a variety of factors, including but not limited to the following:
- The temperament and developmental needs of the child.
- The capacity and disposition of the parents to understand and meet the child's needs.
- Relevant and material information obtained from the child, including the child's informed preferences.
- The wishes of the child's parents regarding custody.
- The past and current interaction and relationship of the child with each parent, siblings, and other significant individuals.
- The willingness and ability of each parent to facilitate and encourage continued parent-child relationships, including compliance with court orders.
- Any manipulation or coercive behavior by parents involving the child in their disputes.
- The ability of each parent to be actively involved in the child's life.
- The child's adjustment to home, school, and community environments.
- The length of time the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity.
- The stability of the child's current or proposed residences.
- The mental and physical health of all individuals involved in the child's life.
- The child's cultural background.
- The effect of any abusive actions on the child, especially if domestic violence has occurred.
- Whether the child or a sibling has been abused or neglected.
The court's decision on which factors to consider can vary widely, influenced by the case's unique circumstances, presentations by legal counsel, testimony credibility, and the views of the presiding judge. Notably, the court is not obligated to assign specific weight to any of the factors considered.
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If you have any questions about using the best interests standard to determine a child custody order in a divorce, 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.
