CT judge rules for more time with the non-residential parent

In a recent Connecticut case, the judge ruled for extra father time based on the 16 factors defining best interests of the child. Importantly, the judge ruled that a major change in circumstances is NOT required in order to change parenting time. The judges decision says:

In modifying visitation, there is no requirement that the court find as a threshold matter that a substantial change in circumstances has occurred. Szczerkowski v. Karmelowicz, 60 Conn. App. 429, 433, 759 A.2d 1050 (2000). “In making or modifying any order as provided in subsection (a) of [General Statutes Section 46b-56], the rights and responsibilities of both parents shall be considered and the court shall enter orders accordingly that serve the best interests of the child and provide the child with the active and consistent involvement of both parents commensurate with their abilities and interests.”

This case signals that judges are not willing to defer to the wishes of the primary residential parent when more time with the other parent is available. The attorney for the father went through each of the 16 factors to show that the change in parenting time was in the best interests of the child.

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