Connecticut Child Custody & Visitation Lawyer

If a court has not yet issued any orders concerning the custody or visitation of a child, then the law presumes that both parents have equal custody rights. Thus, before a divorce case has been started, both parents have an equal right to have access to the children and to make legal decisions concerning them. When the parents cannot agree on visitation or on legal decisions for the children, then they have to come to court to get an order.  Here at the Law Office of Kevin L. Hoffkins, our team is ready to help you find the best solution for your child custody case.

Who We Help

Here at the Law Office of Kevin L. Hoffkins, I am dedicated to making sure that you feel heard and supported throughout this difficult time. I understand that every family is different, and custody questions come in many forms. I regularly assist parents in situations like these:

• You need a formal custody order. You may be unsure where to file, what forms you need, what the court will consider, or how the process even begins. We handle those details and explain each step along the way.
• You are getting divorced and need a parenting plan. You need a clear plan for where the children will live, when each parent sees them, and who makes major decisions about school, health care, and daily routines.
• You and the other parent disagree. You may be at odds about the schedule, school, medical care, safety, communication, or what arrangement is truly best for your child, and a judge may need to decide.
• The current order no longer works. The existing order is not being followed, or the schedule has stopped fitting your life because of a move, a school change, a work schedule, a safety concern, or repeated conflict.
• You believe the child should primarily live with you. You may feel you should have more authority because of safety concerns, instability, a lack of involvement, substance use, ongoing conflict, or the other parent’s conduct.

If your situation looks like any of these, or if you simply have questions, I am ready to talk.

How the Child Custody Process Works in Connecticut

Connecticut Superior Court has jurisdiction to make orders concerning the custody and parenting time of the children for divorcing couples, as well as parents who have never been married. The courts will use the standard of “what is in the best interests of the child” to make such a determination. While the courts may hear arguments concerning the conduct of the parents during marriage, they will only consider those arguments to the extent that they relate to the health and well-being of the children.

How does a court determine what is in the best interests of the children?  The Court looks to numerous factors to consider in determining what is in the best interest of the children. These factors are articulated at Connecticut General Statutes Section 46b-56(c), to wit:

1. The physical and emotional safety of the child;
2. The temperament and developmental needs of the child;
3. The capacity and disposition of the parents to understand and meet the needs of the child;
4. Any relevant and material information obtained from the child, including the informed preferences of the child;
5. The wishes of the child’s parents as to custody;
6. The past and current interaction and relationship of the child with each parent, the child’s siblings, and any other person who may significantly affect the best interests of the child;
7. The willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;
8. Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;
9. The ability of each parent to be actively involved in the life of the child;
10. The child’s adjustment to his or her home, school, and community environments;
11. The length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendente lite in order to alleviate stress in the household;
12. The stability of the child’s existing or proposed residences, or both;
13. The mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;
14. The child’s cultural background;
15. The effect on the child of the actions of an abuser, if any domestic violence, as defined in section 46b-1, has occurred between the parents or between a parent and another individual or the child;
16. Whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and
17. Whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b.

Please note that the court is not limited to just these factors, nor obligated to give more weight to any one factor than any other. This is especially true in considering the wishes of the children. While the court will consider their wishes, adults have to make the final decisions concerning what is in the best interests of the children.

When custody or visitation is disputed, the court will likely order that a study be done by Family Services, which works for the Connecticut Judicial Branch, or by a court-appointed guardian ad litem. The court is not required to make an order in accordance with the findings of the Family Relations study or the guardian ad litem.

Why Choose Me

Choosing an attorney for a custody case is a personal decision. Kevin L. Hoffkins is dedicated to helping families reach fair resolutions during the divorce or child custody process. Here is what you can expect when you work with my firm:

• Direct access to your attorney. You work with Kevin L. Hoffkins, not a rotating cast of associates. When you call with a question, you reach someone who knows your case.
• Clear, honest advice. I will tell you where you stand and what your realistic options are, even when the answer is not what you hoped to hear.
• A plan built around your children. I keep the conversation grounded in what serves your child, which is exactly what Connecticut courts want to see.
• Decades of family law experience. Since 1989, I have guided Connecticut families through custody, divorce, and modification cases.
• Steady representation, in and out of court. I work hard to reach fair agreements when possible, and am fully prepared to advocate for you at trial when needed.

My case process is straightforward. I begin with a consultation to learn about your family and your goals. From there, I map out a strategy, handle the filings and deadlines, and keep you informed at every stage. Whether your case settles through negotiation or heads to a hearing, you will always know what comes next and why.

Talk With a Custody Attorney

Divorce cases that involve custody or visitation are usually some of the most difficult and contentious of all divorce cases. These cases usually bring out the strongest emotions in litigants. If you are truly seeking sole custody or limited visitation of the child by your spouse, then you must seek the assistance of an attorney immediately. Normally, a court will presume that it’s in the best interest of a child for both parents to have liberal involvement in the child’s life. Therefore, to get a court to make an order of sole custody or limited visitation requires extensive work to build such a case. Attorney Kevin L. Hoffkins has extensive experience building such cases for his clients, as well as extensive experience working through the process with the Family Relations staff who investigate these cases.

FAQs About Connecticut Child Custody