legal custody v. physical custody

Legal Custody 

Connecticut General Statutes § 46-b-56a(a) provides "“joint custody” means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody."  There is a rebuttable  presumption that joint legal custody is in the best interest of the minor child(ren).  The vast majority of people involved in custody disputes agree that that joint legal custody is the in best interest of the minor child(ren); however, in some cases, it is not.  If you find yourself in the latter situation, do not go it alone.  Find the right partner that understands not only your goals but knows how to get you there.  One misstep can make all the difference.   

Physical Custody

Connecticut Courts have long held that an award of joint legal custody does not necessarily mean that joint physical custody (parental access time) is warranted.  Antiquated gender roles, thankfully, are a thing of the past.  Nonetheless, often times there is a primary parent.  The way that parental responsibilities were divided prior to a divorce or split strongly informs how things will be after a divorce or split.  Sometimes an equally shared access schedule in right for you and your child(ren) while other times it is not.  You know what is best for your family and in a perfect world, so does your child(ren)'s other parent.  Unfortunately, we do not always live in a perfect world.  If you find yourself in an unpleasant custody dispute, make sure that you know what your options are and how to get what is best for your family.