Family Law Workshop

Introduction: Objective The goal of this workshop is to tell you about: Children and Custody Types of orders Visitation Parenting classes and fees Child Support Enforcement Modification of orders Restraining Orders and Domestic Violence Resources Housing and Benefits

Children and Custody: Custody Types Why should I file for custody? The court considers both parents equal guardians of a child. This can only be changed by a court order. Legal custody Decisions over education, religion, medical care Physical custody Physical: where the child lives Joint custody Joint: both parents share responsibility Sole custody Sole: responsibility and decisions over child belongs to one parent Non-custodial parent still has rights unless modified by a court order Non-custodial parent still has a financial responsibility to the child

Children and Custody: Visitation When will each parent see the children? Reasonable You and the other parent will arrange time with children between yourselves Flexible Fixed Set hours by the court where children will be with one parent or the other Can be overnights, weekends, holidays, after school, etc. Supervised Third party will supervise visits between parent and children Can be family, friend, or more formal third party (social worker, etc.) Judge may order this if safety is a concern No Contact Non-custodial parent cannot see the child Judge has decided that seeing the parent is not in the child’s best interest

Children and Custody: Paperwork When filing for custody, both you and the other parent must attend a parenting education class Must register for classes on your own when filing for custody 6 hours of classes, scheduled in 2 or 3 hour blocks Fees All court motions require a court marshal to serve papers to the other party: approximately $75 Parenting Education class: approximately $125 Fee Waiver If you cannot pay the fees, you may be granted a fee waiver Form available online and at the clerk’s office List your income, expenses, debts, assets Clerk will tell you when a decision will be made and a number to call Can appeal if denied

Children and Custody: Unmarried Parents What if I’m not married? Paternity (who the father is) will need to be established before the court decides visitation, custody, and child support Only children born into a marital relationship are presumed to belong to the father Ways to establish paternity Unmarried father signs birth certificate in the hospital Agreement between parents Sign Acknowledgement of Paternity Form available through Department of Public Health or Department of Social Services Court order for genetic testing Court will require alleged father to get a genetic test to determine paternity

Children and Custody: Court You should have completed your parenting classes before your court date You will meet with Family Relations (court employee) prior to going in front of the judge Family Relations tries to get you to come to an agreement Judge will hear both sides and make a decision

Child Support Connecticut uses child support guidelines to determine the amount to be paid by the noncustodial parent Child Support worksheet available at clerk’s office or online Includes chart detailing how much you or your spouse may pay depending on weekly income and number of children The court can also deviate from the chart if they determine there is a reason to Worksheet factors include: Net income Current Support Income tax Current support

Modifying Custody or Child Support Orders You must prove to court substantial changes to your life, other parent’s life, or your children’s needs Can change amount of support, custody, or visitation schedule Motion for Modification form At clerk’s office or online Form asks you to indicate which changes you would like to be made, and why Fee is $125, or you can fill out a fee waiver form

Enforcing Orders What if the other parent doesn’t follow the court order? You can file a Motion for Contempt form at clerk’s office or online You can get help getting child support with the following state agencies: Support Enforcement Services or Department of Social Services 1-800-228-5437

Divorce To start a divorce, Go to the Clerks office at the Family Court you will need three court forms: 1. the Summons Family Actions (JD-FM-3), 2. either the Divorce Complaint (Dissolution of Marriage) (JD-FM-159) or the Dissolution of Civil Union Complaint (JD-FM-159A), and 3. the Notice of Automatic Court Orders (JD-FM-158). you must take forms to the court clerk’s office. The court clerk will review your forms and return them to you. Your spouse will be served divorce papers by a state marshal. you need to file completed court forms at the court clerk’s office the and the proof that a copy of the forms was served to your spouse. You must also pay the filing fee, $350 and $50 for service of the court papers unless the court has granted an Application for Waiver of Fees.

Court Orders Can Keep You Safe What if I am in danger? You can file for a restraining order Restraining order is from family court and is different from a protective order (criminal court) Can protect you and members of your family Forms can obtained online or at the court clerk’s office The court can give you a protective order The criminal court may give you a protective order if a member of your family or household has been arrested for hurting you Protective orders only last until the criminal case ends and may not protect other people in the family

Domestic Violence In addition to getting a restraining or protective order, if you are experiencing domestic violence: Connecticut’s Domestic Violence Hotline 1-888-774-2900 If you are in danger, please call the hotline or any other domestic violence agency and know that there are laws in Connecticut to protect you!

Questions ?

Thank You! Wrap-up Evaluations Please fill out an evaluation before you leave Thank You!