Legal Question in Family Law in Connecticut
infant custody battle
i have a one year old and his dad and i have not set any type of schedule as to when he can see his son but i feel we should because im uncomfortable when he takes him. He lives ina house full of people who smoke marijuana and drink. he appointed temporary custody of his daughtert o his mother to avoid getting into an investigation with dcf. he owes 4200 dollars in child support and he doesnt have a job. i know he smokes marijuana and sells it because he has said it before. he only calls to see his son once every month maybe even less depending on when he remembers to see him. he doesnt buy diapers or clothes or pays for child care and when he does buy him something it is his girlfriend of mother who buys it. i want to get sole custody but the court clerk says it is rare that a judge will grant that...i trully feel it is not the best interest for my son to be in his life unless he makes better choices...but he has been in that path for so long(his daughter is 4 years old) i doubt he will ever be a good father...i have a wonderful person in my life(he is the father of my daughter) and he loves my son very much(as his own) and he would love to adopt my son one day. i want what the best for my son but i dont know if it is right?
1 Answer from Attorneys
Re: infant custody battle
First of all, you need to make application to the family court in your district to apply for sole custody. The clerk is correct that it is very difficult to be awarded sole custody in general, however, based upon the facts of your case, you have a good chance.
Courts really frown upon drug use and alcohol abuse. It appears that the environment the father of your son lives in is not suitable for children. The fact he has no interest in your son helps to support your case.
If DCF was involved already with another child, then you may have an obligation to apply for sole custody. I will say, that if you let your son go with him and there is drug abuse or alcohol abuse going on, DCF could hold you responsible because you failed to seek out a sole custody order and you allowed your son to go with him.
My question to you is, do you think he would even show up to court and present a defense or argue that he wants joint custody? Because, if not, then you may have no problem being awarded sole custody.
Finally, why haven't you sought a child support order? It is your decision of course, and although I frown upon using support as a means to trade off custody, many times it is a suitable argument if the potential payor has no interest in the child.
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