In this blog post, we want to highlight our Hartford office, one of our five conveniently located branches. At McConnell Family Law Group, our team of Hartford divorce attorneys is dedicated to providing compassionate, professional guidance to clients facing life’s most challenging moments. We understand the emotional toll divorce can take, and we’re here to help you navigate the legal aspects with clarity and support. Contact us today at (860) 266-1166 to schedule a consultation.

1. Lean on the Ones You Love

Hopefully, you have reliable friends and family members who can provide emotional support during this time. You might be wary of burdening people with your feelings, but chances are, they want to be there for you. Many people don’t know the right thing to say when a loved one is getting divorced, so don’t be afraid to tell them what you need. Reach out if you need someone to listen to you vent, if you need to get out of the house and get a meal, or if you want support during an attorney meeting. Be careful of conflating well-intended support with legal advice, but accept all the support you can.

2. Schedule Time for Your Physical Health

Many people neglect their physical health during divorce; the emotional pain they go through simply overwhelms the body’s need to sleep, eat, and move. If you find yourself going through “the divorce diet”—barely eating—put alarms on your phone to remind yourself to eat. Take time to walk every day or at least several times per week. If you have some pent-up anger to let out, this might be a good time to try kickboxing or another physically demanding type of exercise. Other people benefit from time alone to process their emotions and thoughts.

3. Take Care of Your Mental Health

Divorce undoubtedly puts an enormous mental strain on an individual. There are lots of ways you can nurture your mental and emotional health during this time. If you’re struggling to process or handle your feelings, consider seeing a counselor to help you through this transition. If you don’t have a therapist, we can share a list of options from our internal Team-100 referral list of resources. Consider visiting the library and picking up books on healing from divorce. Consider discovering a new podcast—or trying your first.

4. Leave Breathing Room in Your Schedule

One of the most crucial things to do during a divorce is to be gentle with yourself. Some throw themselves into work or caring for their children, but this is often a way to bury their pain. Sitting with your emotions can be difficult, but it’s a necessary part of healing. If there’s any wiggle room in your schedule, avoid filling it with extra tasks. Care for your body with healthy food and spend time on hobbies that feed your soul.

Divorce is hard, but you can make it easier by trusting a professional with your legal needs.  At McConnell Family Law Group, where our goal is “Finding Peace Through Strength,” we understand our client’s legal needs while respecting the emotional transition they are going through.  To learn more about the divorce process or to schedule an appointment, contact us today at (860) 266-1166.

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In this blog, we are highlighting our Greenwich office, which is one of five convenient locations. When it comes to handling the complex matters of family law involving special needs children, our experienced Greenwich child custody lawyers can provide compassionate support and guidance. From crafting personalized parenting plans to advocating for the best interests of the child, we are committed to achieving positive outcomes for you. Contact McConnell Family Law Group at (203) 541-5520 for advice and representation that respects the unique needs of your family.

What are Special Needs?

Children are considered to have special needs when they have a mental, physical, or emotional condition that requires assistance in their daily lives. Blindness, deafness, autism, and Down syndrome are common examples of such conditions. Depending on the situation, special-needs children might attend special programs in or out of school that happen during unconventional hours or locations. All cases have unique circumstances to consider before deriving a plan for the child’s growth, education, and socialization. The needs of some children are more profound than others, but none are less important.

In a recent custody case, we represented a client with a child whose special needs focused on the child’s requirement for a gluten-free diet. As caregivers of special needs children know, their children often have special diets that are essential. This can be a challenge. Educating the court (i.e. Judge) why orders regarding special diets are necessary was key to promoting this child’s special needs. Fortunately, the court listened and adopted our suggestions in implementing court orders that included dietary restrictions.

Custody Agreements

In all child custody situations, judges make determinations focusing on the best interests of the child and determining approaches that cause minimum disruption to his or her life. A parenting plan for children with special needs requires a highly customized agreement that is the result of input from professional analysis; primary-care doctors and child psychologists often offer advice during the process. For example, if your ex-spouse keeps the house with a wheelchair ramp for your child with cerebral palsy, that will likely carry considerable weight when the judge is deciding physical custody.

Alimony and Child Support

Spousal support, such as alimony and child support, should also be determined with special considerations in mind. Child support for individuals with special needs may continue until he or she becomes 21, whereas such payments usually end when a child turns 18. Additionally, individuals with special needs are often eligible for means-tested government benefits like Medicaid and Social Security. Support payments from one spouse to another could jeopardize eligibility for these government programs if not structured with that in mind.

Special Needs Child Support Calculations

Child support calculations in Connecticut involve adhering to state guidelines, which account for parent incomes, the number of children, and any extraordinary expenses. For families with special needs children, these calculations can include more than just the standard parameters.

Extraordinary expenses are a critical aspect in calculating child support for special needs children. These may include medical costs, specialized childcare, or necessary educational support tailored to the child’s special needs. The courts recognize such expenses and can include them in the support calculation to address the child’s unique needs.

It’s important for parents to be aware that the standard guidelines might not fully address the unique financial demands of raising special needs children. In some cases, the court may decide to set a child support amount that deviates from these guidelines. This deviation could be influenced by the specific needs of the child and mutual agreements between the parents about what’s best for their child. This judicial discretion means that while the guidelines serve as a crucial reference, the actual support amount may differ to better meet the specific circumstances faced by special needs children.

For parents dealing with child support issues in Connecticut, it’s vital to understand how these factors can affect the support arrangement. This understanding can help in preparing for potential legal discussions or decisions regarding adequate support for their children’s unique circumstances. Contact McConnell Family Law Group today to speak with a Greenwich child custody lawyer and discuss your case.

2023 Update: Connecticut Extends Age Limit of Child Support for Qualifying Special Needs Children

In 2023, Connecticut made a significant update to its child support laws to better address the needs of special needs children. The state’s existing child support laws, prior to this update, generally terminated child support when a child reached 18 years of age, or 19 if they were still enrolled in high school and 21 for special needs children. However, the 2023 update has extended this age limit for special needs children under certain conditions.

Under the new statute effective October 1, 2023, child support for children with special needs can be continued until the age of 26. This change recognizes that children with special needs may need assistance for an extended duration. To qualify for this extended support, several criteria must be met:

• The child must have a defined intellectual, mental, or physical disability.
• The child must reside with a parent.
• The child should be principally dependent on that parent for maintenance.

For more detailed information and specific guidance, it’s recommended to consult with a Greenwich family law attorney knowledgeable about Connecticut’s child support laws. Contact McConnell Family Law Group today to discuss your specific situation and take the first step toward securing a stable and supportive future for your family.

Get Experienced Legal Guidance at McConnell Family Law Group Today

Just as in marriage, agreeing to a divorce judgment and parenting plan requires compromise and sacrifice in order to accommodate your child or children’s best wishes. If you are seeking a competent legal team with experience handling delicate issues with the special care you and your children need, please consider calling us at (203) 541-5520.

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In this blog, we are highlighting our Greenwich office, which is one of our five convenient locations. If you are considering divorce or have already begun the process, it’s essential to seek the help of a seasoned divorce attorney. At McConnell Family Law Group, our team of Connecticut divorce lawyers can provide the necessary support and representation, protecting your rights and advocating for your interests within the bounds of Connecticut law. Contact us today at (203) 541-5520 to schedule a consultation and learn how we can help you achieve the best possible resolution in your case.

Understanding the Importance of Preparation for Divorce

Divorce can be one of life’s most challenging experiences, and entering into the process unprepared can compound the difficulties and emotional stress. In Connecticut, as in any jurisdiction, thorough preparation can be the key to a smoother transition through the legal, financial, and personal upheavals that divorce can bring.

Recognizing the Need for Pre-Divorce Preparation

Preparation before initiating a divorce is crucial. It allows you to approach the process proactively, with a clear understanding of your goals, rights, and responsibilities. In Connecticut, divorce law operates under the principle of “equitable distribution,” which means that marital property is not necessarily split equally but rather in a manner that the court deems fair. This can involve many considerations, such as the length of the marriage, the causes for the dissolution of the marriage, and each spouse’s contribution to the marital assets.

Understanding these factors ahead of time enables you to enter divorce proceedings with realistic expectations. Pre-divorce preparation also involves emotional readiness. Divorce is not just a legal process; it’s a major life change. Being emotionally prepared means recognizing the impact of divorce, not only on yourself but also on your family, and beginning to disentangle your shared life with your spouse.

Exploring the Benefits of Being Prepared for Divorce

The benefits of preparing for divorce are manifold. Financially, you’ll be in a better position to negotiate settlements if you have a clear picture of your assets and debts. This involves understanding the full scope of your financial situation, including income, expenses, assets, and liabilities. Moreover, preparation can help avoid the rush to gather important documents and information amidst the throes of legal proceedings.

Legally, being prepared means you are more likely to make informed decisions. You will have the opportunity to research your rights, understand the implications of Connecticut divorce law, and therefore be in a stronger position to advocate for your interests. This could involve familiarizing yourself with laws pertaining to child custody, support, alimony, and property division specific to Connecticut.

On a personal level, preparation can provide a sense of control during an inherently uncertain time. It can reduce anxiety and give you a foundation from which to rebuild your life post-divorce. The psychological benefits of being prepared should not be underestimated; they can impact not only the outcome of the divorce itself but also your well-being throughout the process.

How to Emotionally Prepare for Divorce

Going through a divorce can be one of the most challenging periods in a person’s life, filled with a range of emotions from grief and anger to fear and sadness. The first step in emotionally preparing for this transition is to acknowledge and allow yourself to feel these emotions. Reaching out to loved ones or a therapist can offer significant relief and guidance as you move through this tough time.

Self-care is another key element in being emotionally prepared. Divorce can be both physically and emotionally taxing, making it essential to engage in activities that replenish your energy and lower stress. Whether it’s exercising, meditating, or spending time on hobbies, these actions can significantly aid in maintaining your health. Additionally, speaking to a counselor can be invaluable as they offer a structured approach to managing the emotional challenges of divorce.

Lastly, it’s crucial to have a reliable support system. The encouragement and understanding of friends and family can provide comfort and resilience. Support groups and online communities can also offer connections with others facing similar situations, which can be incredibly reassuring. Working with a knowledgeable Connecticut divorce attorney can ease the process, offering professional guidance and allowing you to focus on your emotional recovery. Together, these steps can help you face the challenges of divorce with greater readiness and take care of your emotional well-being.

Organize Your Finances Before Divorce Proceedings

A comprehensive understanding and organization of your finances is a critical step when preparing for divorce, particularly under Connecticut’s equitable distribution laws. Getting your financial affairs in order is essential as it sets the groundwork for the proceedings and can influence the outcome of the division of assets and liabilities.

Assessing Your Current Financial Situation

The first step in organizing your finances is to assess your current financial situation. This involves compiling a complete list of your income sources, monthly expenses, assets, and liabilities. In Connecticut, this step is crucial as it can affect not only the division of property but also potential alimony and child support arrangements. It is important to note that Connecticut courts consider not only the income from employment but also other sources such as dividends, interest, and benefits when determining financial standings.

During this assessment, you should gather recent tax returns, pay stubs, bank statements, investment accounts, and any other financial records. This will provide a clear picture of your financial health and is necessary for creating an accurate budget for your post-divorce life.

Creating a Budget and Financial Plan for Divorce

Once you have a thorough understanding of your financial landscape, the next step is to create a budget and a financial plan for the divorce process. This budget should account for the costs associated with legal representation, court fees, and other expenses that may arise during the divorce. It’s also important to project future living expenses and consider inflation and changes in circumstances.

In Connecticut, where courts can order temporary support while the divorce is pending, having a detailed budget can help demonstrate your need for support. Additionally, this budget will be a guiding document when negotiating settlements, ensuring that you do not overlook any critical financial needs.

Identifying and Evaluating Marital Assets

Connecticut law stipulates that marital assets are to be distributed equitably, but not necessarily equally. This makes identifying and evaluating all marital assets a critical step. Marital assets include all property owned by either spouse, including property acquired prior to or during the marriage.

You will need to list all real estate, vehicles, retirement accounts, business interests, and other significant assets. It’s also advisable to get a professional appraisal of valuable items to ensure accurate valuation. Any real estate should be appraised by a licensed appraiser and a Pension Actuary should value any retirement pensions.

By meticulously organizing your finances, assessing your current situation, creating a budget for the divorce process and future living expenses, and accurately identifying and evaluating marital assets, you can enter divorce proceedings in Connecticut with confidence and clarity.

Gather and Secure Important Documents for Divorce

Preparation for divorce in Connecticut involves the meticulous gathering and securing of various vital documents. This step is paramount as it ensures you have all necessary information ready for legal proceedings, which can help expedite the process and ensure a more equitable distribution of assets.

Understanding the Essential Documents for Divorce

The essential documents for divorce proceedings encompass a range of legal, financial, and personal records. In Connecticut, the necessary legal documents include your prenuptial agreements (if any), and any existing trusts, wills or estate plans. Additionally, you’ll need to prepare financial affidavits, which are mandatory forms in Connecticut that disclose your financial circumstances in detail.

It’s also important to gather documentation of both joint and individual liabilities, such as mortgage documents, loan agreements, and credit card statements. These documents will be essential for your attorney to provide accurate legal advice and to prepare for negotiations or court appearances.

Locating and Collecting Financial Records

Financial records form the backbone of the divorce process, particularly in an equitable distribution state like Connecticut. You will need to gather all records that reflect your financial history and current standing. This includes bank statements, investment accounts, tax returns, and pay stubs. For any businesses owned, you’ll need the relevant business financial statements.

Locating all pertinent records can be time-consuming, so it’s advisable to begin this process early. If certain documents are not readily accessible, you may need to contact financial institutions or professionals who can provide copies. It’s crucial to have comprehensive financial data to ensure an equitable division of assets.

Protect Your Interests: Legal Considerations in Divorce

Navigating a divorce in Connecticut requires a strategic approach to ensure that your interests are protected. This involves not only understanding the laws and procedures that will govern the dissolution of your marriage but also securing professional legal counsel to advocate on your behalf.

Understanding Divorce Laws and Procedures

Connecticut’s divorce laws and procedures set the framework for how the process unfolds. It is crucial to understand the grounds for divorce, the residency requirements, and the process for equitable distribution of marital property under state law. Connecticut allows for both fault-based and no-fault divorces, and understanding the implications of each can influence your strategy.

Familiarizing yourself with the procedures, from filing the initial complaint to finalizing the divorce decree, will help you anticipate the steps ahead. Connecticut has specific requirements for serving divorce papers, mandatory waiting periods, and required parenting education programs for cases involving children.

Understanding Connecticut’s approach to issues like alimony, child support, and custody arrangements will also be critical. Connecticut courts focus on the best interests of the child in custody matters and have guidelines to calculate support based on parents’ incomes and other factors. Knowledge of these laws will help in making informed decisions and setting realistic expectations.

Seeking Legal Counsel: Hiring a Divorce Attorney

In Connecticut, hiring a divorce attorney is a critical step in protecting your legal interests. An experienced attorney can provide guidance tailored to Connecticut’s divorce statutes and case law. They can help you understand your rights and responsibilities, represent you in negotiations or in court, and ensure that all filings comply with state-specific procedural rules.

When selecting a divorce attorney, consider their track record in Connecticut family law, their approach to divorce cases (collaborative versus adversarial), and their experience with cases similar to yours. A skilled attorney will be your ally, helping to navigate complex issues such as child custody, support, and the division of assets according to Connecticut’s equitable distribution principles.

At McConnell Family Law Group, our team of attorneys can provide you with the support and representation necessary to achieve the best possible outcome in your divorce. Contact us today at (203) 541-5520 to schedule a consultation.

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In this blog, we are highlighting our Hartford office, which is one of our 5 convenient locations across Connecticut. Whether you’re addressing complex financial issues, working through child custody arrangements, or learning when mediation is not recommended, having experienced Connecticut divorce mediation lawyers on your side is crucial. Contact McConnell Family Law Group today at (860) 266-1166 to schedule a consultation. Let us help you take the first step toward a more amicable and informed resolution.

What is the Role of a Divorce Mediator in Connecticut?

A divorce mediator in Connecticut plays a critical role in facilitating an amicable and structured resolution for couples going through a divorce. The mediator is a neutral third party who assists both individuals in discussing and negotiating the terms of their divorce. A mediator does not make decisions for the couple but instead guides the conversation to help them reach mutually acceptable agreements on various issues of the divorce such as child custody, asset division, and support.

The mediator establishes a neutral environment where both parties can communicate openly and be heard without fear of bias or judgment. They provide information on Connecticut’s divorce laws and help the couple understand how these laws may impact their decisions. The mediator also encourages collaborative negotiation, helping both parties focus on their underlying interests rather than positional arguments. Additionally, they may assist in preparing legal documents, such as a Marital Settlement Agreement, to ensure that the final agreement reflects the couple’s intentions and adheres to legal requirements.

How Does Mediation Differ from a Traditional Divorce?

Mediation and traditional divorce litigation differ in several key ways, offering distinct paths for couples seeking to dissolve their marriage.

• Decision-Making Power: In mediation, both parties retain control over the outcome, while in litigation, a judge makes the final decisions.
• Cost and Time: Mediation is often more affordable and faster due to the reduced need for extensive court proceedings, whereas litigation can be more costly and drawn out.
• Confidentiality: Mediation is a private process that keeps the details of the divorce confidential, whereas litigation is conducted in public court, making the details part of the public record.
• Communication: Mediation encourages direct communication and negotiation between the parties, while litigation often involves communication through attorneys and formal legal channels.

Choosing between mediation and traditional divorce depends on the couple’s preferences and circumstances. Ultimately, understanding these differences can help couples in Connecticut make the right decision for their divorce process.

What Qualifications and Experience Should I Look for in a Divorce Mediator?

When selecting a divorce mediator in Connecticut, it is beneficial to consider mediators who have a background in divorce and family law. Lawyers who serve as divorce mediators bring a wealth of legal knowledge to the process, making sure that both parties are informed of their rights and obligations under Connecticut law. A lawyer-mediator understands the evolving statutes and court procedures, which is crucial for issues like property division, child support, and retirement assets.

Additionally, a lawyer who acts as a mediator can effectively address the financial aspects of divorce, including tax implications and child support calculations. Their understanding of how judges across various counties in Connecticut approach divorce cases adds another layer of value, as they can tailor the mediation process to align with what the courts may find acceptable.

What Are the Steps in a Connecticut Divorce Mediation Process?

The divorce mediation process in Connecticut is designed to help couples resolve their disputes collaboratively without the need for prolonged court involvement. This structured approach allows both parties to discuss their concerns and work toward an agreement with the guidance of a neutral mediator. Below are the primary steps involved in the mediation process that facilitate this cooperative resolution.

Initial Consultation and Selecting a Mediator

The mediation process begins with an initial consultation where both spouses meet with a mediator. During this session, the mediator explains the mediation process, assesses whether it is appropriate for the couple, and answers any questions. It’s important that both parties feel comfortable with the mediator, as their role is to facilitate discussions impartially throughout the process.

Preparing for Mediation Sessions

Once the mediator is selected, both parties begin preparing for the mediation sessions by gathering relevant documents. This includes financial affidavits, income documentation, bank and investment account statements, tax returns, and other records that will provide a clear picture of the marital assets and liabilities. Proper preparation helps ensure that discussions during mediation are well-informed and can lead to fair resolutions.

Negotiation and Problem-Solving Stage

The negotiation and problem-solving stage is the core of the mediation process. During these sessions, both parties discuss and negotiate key issues such as asset division, child custody, alimony, and support. The mediator facilitates these conversations, helping each side communicate their needs and explore potential solutions. The length of this stage can vary depending on the complexity of the issues and the willingness of both parties to compromise.

Finalizing the Agreement

Once the parties reach a mutual understanding on all issues, the mediator drafts a Marital Settlement Agreement, which outlines the terms of the divorce. After both parties sign the agreement, it is submitted to the court for approval. Once approved by a judge, the agreement becomes legally binding and is incorporated into the final divorce decree.

How Long Does the Mediation Process Typically Take?

The mediation process in Connecticut typically takes anywhere from a few weeks to several months, depending on the complexity of the case and the cooperation of both parties. In simpler cases with fewer assets and no children, mediation can be completed in a few sessions, often within a matter of weeks. However, in more complicated divorces involving significant assets, child custody disputes, or heightened conflict, mediation can take much longer, sometimes extending over many months.

Factors That Influence the Duration of Mediation:

• Complexity of the Case: Divorces with numerous assets, child custody disputes, or alimony disagreements generally take longer to mediate.
• Cooperation Between Parties: When both parties are willing to communicate and compromise, mediation tends to be quicker. High levels of conflict can significantly prolong the process.
• Mediator’s Availability: The mediator’s schedule can impact how quickly sessions are completed. A busy mediator may lead to delays in scheduling sessions.
• Preparedness of the Parties: Being organized and clear about what you want from mediation can help move the process along more efficiently. Unpreparedness may result in delays.

Ultimately, the duration of mediation depends on the unique circumstances of each case, but couples can help expedite the process by being prepared and open to compromise.

What Are the Costs Associated with Divorce Mediation in Connecticut?

The costs associated with divorce mediation in Connecticut can vary depending on the number of sessions required and the complexity of the case. On average, the total cost for mediation ranges between $5,000 to upwards of $15,000. This total cost is typically shared between both spouses. The cost can increase if the case involves more complex issues or if additional professionals, such as financial experts, are needed to help resolve marital financial matters.

Mediators in Connecticut generally charge by the hour, and their rates often depend on their level of experience. While mediation is usually more affordable than traditional divorce litigation, the final cost will depend on factors such as the length of time needed to reach an agreement and the issues being addressed. Despite potential additional costs, mediation remains a cost-effective option for many couples seeking to resolve their divorce with less financial strain.

How Will My Interests Be Protected During Mediation?

Your interests are safeguarded during divorce mediation in Connecticut through the mediator’s neutral stance and the emphasis on confidentiality.

The mediator makes sure that both parties have equal opportunities to express their views and work toward a fair agreement without favoring either side. This neutral guidance helps protect your interests by fostering balanced discussions and promoting cooperative decision-making.

Confidentiality is also a critical protection during mediation. Under Connecticut General Statutes § 52-235d, the details of your conversations are kept private, preventing them from being disclosed in court or other settings without your consent. This allows you to engage in open discussions during mediation without fear of those conversations being used against you later, promoting a process focused on reaching a fair resolution that respects both parties’ interests.

What Happens If We Cannot Reach an Agreement in Mediation?

If you cannot reach an agreement during mediation, the next step is typically to proceed to trial. At trial, both parties present their arguments and evidence to a judge, who will then make the final decision on unresolved issues such as asset division, child custody, and support. Unlike mediation, where the parties maintain control over the outcome, the judge has the authority to determine the final terms of the divorce based on the law and the evidence presented. This shift from negotiation to court-ordered resolution removes the flexibility that mediation offers, placing the outcome in the hands of the court.

Can We Mediate Child Custody and Support Issues During a Divorce?

Yes, child custody and support issues can be mediated during a divorce. Mediation allows parents to work together to create a parenting plan that addresses the needs of their children and outlines custody arrangements, visitation schedules, and support obligations. This process encourages both parties to collaborate in a less adversarial environment, which can be beneficial for maintaining a cooperative relationship after the divorce.

Mediating child custody and support also gives parents more control over the outcome, as they can develop solutions tailored to their family’s unique circumstances, rather than having a judge make those decisions. Ultimately, mediation can help foster agreements that prioritize the best interests of the children while avoiding the stress of courtroom litigation.

What is a Review Counsel?

Review Counsel, in the context of divorce mediation, is an attorney hired by an individual to review the mediated divorce agreement before it is finalized and filed in Connecticut Superior Court. The role of Review Counsel is to provide independent legal advice, focusing on the individual’s specific legal interests. Since mediators are neutral and do not offer legal advice, Review Counsel helps the individual understand any potential risks, issues, and implications of the agreement, particularly in complex matters like alimony, child custody, support, and property division.

Review Counsel plays a critical role in protecting the individual’s interests, as once a mediated agreement is filed and entered as a court order, it typically cannot be undone. While modifications may be possible under certain circumstances, the terms of the divorce decree are generally binding. Retaining Review Counsel is a wise step to clarify whether all aspects of the agreement are fair and aligned with Connecticut law.

Will the Mediation Agreement Be Legally Binding in Connecticut?

Yes, a mediation agreement in Connecticut becomes legally binding once it is reviewed and approved by the court. After the parties reach an agreement on all issues, the mediator drafts a Marital Settlement Agreement. This agreement outlines the terms related to property division, child custody, support, and alimony. The Marital Settlement Agreement is then reviewed by the parties’ respective review counsel (if retained), who provides legal advice and confirms that the agreement accurately reflects the parties’ intentions.

Once both parties have signed the agreement and their review counsel has completed their review, the agreement is submitted to the court. A judge will then review the agreement to determine if it is fair and complies with Connecticut law. If approved, the agreement is incorporated into the divorce decree and becomes legally binding and enforceable by the court.

Consulting the Experienced Divorce Mediation Attorneys from McConnell Family Law Group

Divorce mediation can provide a constructive way to resolve disputes while maintaining control over important decisions during a challenging time. Asking the right questions and having an experienced mediator can make all the difference in achieving a fair and respectful outcome. At McConnell Family Law Group, our dedicated Connecticut divorce mediation lawyers are here to help guide you through every step of the process, making sure your rights and interests are carefully considered.

If you’re ready to explore mediation as an option for your divorce, contact us at (860) 266-1166 to schedule a consultation. Our team is committed to helping you reach a peaceful and balanced resolution tailored to your unique situation.

When addressing the challenging landscape of child custody jurisdiction in Connecticut, the guidance of a skilled Connecticut child custody lawyer can make all the difference. At McConnell Family Law Group, our lawyers understand the intricacies of Connecticut’s child custody laws and can provide invaluable guidance on the factors that courts consider in child custody cases, ensuring that your rights and the best interests of your child are protected. Contact us at (860) 266-1166 to schedule a consultation and take the first step toward securing a better future for your child.

The Uniform Child Custody Jurisdiction and Enforcement Act

For many years, it was difficult to determine which court had child custody jurisdiction. American families became increasingly mobile, often moving from state to state. Under those circumstances, determining which state law governed a child custody dispute was confusing. Different state laws and years of court decisions created conflicts between states and, in some cases, federal law.

To resolve these conflicts, the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, was created. The UCCJEA sets forth a hierarchy of several different grounds for jurisdiction and establishes separate provisions for initial custody determinations and subsequent modification proceedings. The UCCJEA has been adopted by most states, including Connecticut. It is codified in Connecticut General Statutes 46b-115 et. seq.

Home State Jurisdiction

Jurisdiction for an initial child custody determination is governed by Connecticut General Statutes 46b-115k. The law sets forth four bases for jurisdiction, with each succeeding basis only applying if no state meets any of the previous bases.

The first basis is commonly referred to as “home state” jurisdiction. The law provides that a court of this state has jurisdiction to make an initial child-custody determination if this state (1) is the home state of the child at the time of the commencement of the proceeding, or (2) had been the child’s home state within six months before the commencement of the proceeding, the child is absent from the state, and a parent or person acting as a parent continues to live in this state.

For purposes of this law, the term “home state” is defined as the state in which the child lived with a parent or person acting as a parent for at least six months immediately before the commencement of a custody proceeding. In the case of a child less than six months of age, the home state will be the state in which the child lived from birth with any parent or person acting as the parent. Periods of temporary absence from the state are included as part of the six-month period. (C.G.S. § 46b-115a(7)).

For example, a father seeking custody of his son recently came in for a consultation. He and his son had recently moved to Connecticut from South Carolina, where his son was born. The child’s mother continued to reside in South Carolina. We explained that jurisdiction for his custody claim remained in South Carolina, his son’s home state. He was advised to wait at least six months before filing a claim for child custody in Connecticut.

Significant-Connections Jurisdiction

There are circumstances, however, when a child has no “home state” or no one remains in the home state. For such cases, the law provides a second basis that is generally referred to as “significant-connection” jurisdiction. Under this basis, Connecticut has jurisdiction to make an initial child custody determination if no other state has home-state jurisdiction, or if the home state has declined to exercise jurisdiction on the ground that Connecticut is a more appropriate forum, and

• The child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and
• There is available in this state substantial evidence concerning the child’s care, protection, training and personal relationships.

If two or more states meet these criteria, priority among potential jurisdictions is resolved in favor of the first-filed proceeding.

This basis for jurisdiction is best understood by way of example. In one case, our firm represented a mother in a child custody suit that had lived in Connecticut with her children for only three months. The mother moved here from Florida, where she and her family had lived for several years. After her relationship with the children’s father ended, he moved to New York in pursuit of a job opportunity while she opted to move with her children to Connecticut. The mother was born and raised in Connecticut and she and her children continued to share a very close relationship with her parents and other relatives that still lived there. Once relocated, the mother quickly enrolled the children in school and extracurricular activities, where they soon made friends. Under these specific circumstances, Connecticut did not have home state jurisdiction of the children because they had not lived there for at least six months. Florida also lacked home state jurisdiction because the father did not continue living there after the children moved. In the absence of home state jurisdiction, it was determined that Connecticut had custody jurisdiction based upon ample evidence that the mother and her children had a significant connection to Connecticut.

More Appropriate Forum Jurisdiction

Circumstances may arise where Connecticut may be a more appropriate forum than the state that has home state jurisdiction or significant connection jurisdiction. For such situations, the law provides a third basis for “more appropriate forum” jurisdiction. Under this basis, Connecticut has jurisdiction to make an initial child custody determination if the state that would have home state jurisdiction declines to act on the ground that Connecticut is a more appropriate forum, and

• The child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and
• There is available in this state substantial evidence concerning the child’s care, protection, training and personal relationships.

It is important to note that it is the home state that must make the initial determination that Connecticut is the more appropriate forum. Connecticut may not draw that conclusion if the home state has not done so.

By way of example, imagine that when the previously mentioned couple broke up, the father continued living in Florida after the mother moved to Connecticut with their children. After three months, the father files for custody in Florida court. Under the UCCJEA, the Florida court has home state jurisdiction. Nevertheless, the Florida court may decline to hear the father’s claim if it determines that under the circumstances, Connecticut is a more appropriate forum. Thereafter, the custody claim can be filed in Connecticut and the court may exercise “more appropriate forum” jurisdiction.

Last-Resort Jurisdiction

Finally, Connecticut has jurisdiction to make an initial child custody determination where no court of any other state has home state or significant connection jurisdiction and no court with jurisdiction has deferred to another state as a more appropriate forum. This is a “last resort” type provision, which should be used only when a child has no home state and no significant connection with another state.

Since the applicability of “last resort” jurisdiction is so limited, it is infrequently used. Nonetheless, one example where last resort jurisdiction may apply is when a family has moved around so frequently that the children have never lived anywhere for six months, and as a result, have never had an opportunity to develop significant connections in any one state.

Temporary Emergency Jurisdiction

In emergency cases, the UCCJEA provides a separate ground for exercising temporary jurisdiction. Under Connecticut General Statutes § 46b-115n, a court of this state has “temporary emergency” jurisdiction to make a child custody determination by initial or modification decree if the following conditions exist:

• The child is physically present in the state; and
• Either (1) the child has been abandoned, or (2) it is necessary in an emergency to protect the child because the child, a sibling or parent has been, or is under a threat of being, abused or mistreated.

When considering the scope of this provision, there are several important features to keep in mind. First, this provision is only intended to address the case where a child is in an emergency situation requiring immediate protection. It is not intended to address every circumstance claimed to be detrimental to a child. Second, a court may take jurisdiction to protect a child even though it may not qualify for either home state or significant-connection jurisdiction. Finally, a custody determination under this provision is only a temporary order. A court may assume jurisdiction to protect the child only until a court with jurisdiction under one of the grounds discussed above enters an order.

Declining Jurisdiction

The various jurisdictional bases previously discussed do not impose on the court a mandatory duty to act in all cases over which it has jurisdiction. Even if Connecticut, or another state, has jurisdiction to issue a custody order, it is not required to do so. The UCCJEA provides that a court may decline to exercise its jurisdiction at any time if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case, and finds that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon a motion of a party, the court’s own motion, or a request of another court. (C.G.S. § 46b-115q).

Jurisdiction can also be refused if Connecticut obtained jurisdiction “because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct” (See C.G.S. § 46b-115r). An example of unjustifiable conduct is where a parent has improperly removed, retained, or concealed a child in the state for the purpose of obtaining jurisdiction.

Modification and Continuing Exclusive Jurisdiction

The UCCJEA provides for exclusive, continuing jurisdiction. Once a Connecticut court has made a child custody determination pursuant to the home state, significant-connections, more appropriate forum, or last resort jurisdictional provisions of the UCCJEA, it retains jurisdiction over the determination until:

• A court of this state or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this state; or
• A court of this state determines that:
• This state is not the home state of the child,
• A parent or a person acting as a parent continues to reside in this state but the child no longer has a significant relationship with such parent or person, and
• Substantial evidence is no longer available in this state concerning the child’s care, protection, training and personal relationships.

(See C.G.S. § 46b-115l(a).)

Similarly, before a Connecticut court can modify another state’s custody order, it should refer to the other state’s version of the UCCJEA to determine whether modification jurisdiction remains there. If it does, the Connecticut claim should be dismissed.

Where Do I File for Custody?

Getting the help of a skilled child custody attorney can be beneficial in determining which jurisdiction you would need to file for custody of your child. In cases where your child does not reside completely in one jurisdiction or has recently relocated, it is important to ensure that you understand the requirements of filing and follow them to the letter. Any errors in filing can result in delays in getting custody of your child. However, an experienced child custody attorney can help you avoid any pitfalls.

To initiate the process of filing for child custody in Connecticut, it is necessary to submit specific documents to the court and provide the other involved party with the required paperwork. These documents include the custody petition, an order mandating their presence at the hearing, a notice intended for the respondent, an explanation of automatic orders, an affidavit concerning the children, and an appearance notification.

You are required to provide the necessary documents to initiate the child custody process. These papers must be handed over to a state marshal, who will be responsible for serving the other involved party, also known as the respondent. There is a specific fee associated with this service, which you are obligated to pay. However, you may be exempted from paying this fee if the court determines that you have a financial need for the exemption.

Once the documents have been served, you must proceed to either submit the original papers online or return them to the Clerk’s office for processing. Additionally, the state marshal will provide you with evidence confirming the successful service of the documents, which you must also submit. In case the court has waived your fee obligation, remember to include the Application for Waiver of Fees/Appointment of Counsel form along with the rest of your paperwork. It’s recommended to retain copies of all your documents prior to submission.

Once your custody petition has been officially filed, the court will set a date for the custody hearing. Normally, this hearing is scheduled within 30 days of submitting the petition but may be subject to change depending on the court backlog and other circumstances. During the custody hearing, the opposing party will have the opportunity to present their case to the court, either in support of or against the approval of the custody petition.

Jurisdiction issues concerning child custody can be difficult and confusing. At McConnell Family Law Group, our Connecticut child custody lawyers can help resolve these issues and make sure your custody claim is filed in the correct court. For more information on how we can help you with your child custody claim, please contact us online or call (860) 266-1166 to schedule a consultation.

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