1. Family Law Workshop

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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

13. Domestic Violence
In addition to getting a restraining or protective order, if you are experiencing domestic violence:
Connecticut’s Domestic Violence Hotline
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!

14. Questions ?

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