Making Custody Law Work for You in Orange, Connecticut
What Is Custody?
In the legal world, there are two forms of custody: physical and legal. Physical custody determines where a child will live and where their legal residence will be. Legal custody determines who can make legal decisions for him or her.
Types of Custody
Within physical and legal custody issues, several types of custody exist. The most common types are sole and joint custody. Sole custody is when custody is given to only one parent. This is typically done when one parent is considered unfit due to financial, drug-related or other concerns. Joint custody is when the child’s parents do no live together, but they share the responsibility for the child. Both joint and sole custody can be legal, physical or both.
How Is Custody Determined?
Custody of a child varies based on the relationship of the child’s parents. When it is determined because of a divorce, the parameters of custody are included in the divorce settlement. Ideally, parents will settle this agreement between themselves and their attorneys outside of court. If a decision cannot be reached or the decision is not approved by the judge, then custody is determined by the court.
Similarly, custody for unmarried parents can be determined through an agreement outside of court or, if needed, by a judge. In this situation, sole physical custody is usually given to the mother unless the father takes action. In Connecticut, he must also prove paternity.
In some cases, custody may be awarded to someone who is not a biological parent, such as a family member or a close friend. This third party custody is generally considered when the parents are determined to be unfit to raise the child or when the birth parents are no longer living. This process generally consists of the third party member filing a custody request with the court detailing his or her argument for custody.
If you need to make custody arrangements for a child, contact the Law Offices of Debra B. Marino, LLC for the representation your child needs.