Know the Laws: Connecticut
UPDATED September 17, 2012
Please consider getting help from an organization in your area before proceeding with court action. To find an organization, please go to the Where to Find Help tab at the top of this page.
Custody is the physical care and supervision of a child (under 19 years of age). Custody or "legal custody" also refers to the parental right to make major decisions concerning the child, including the child's education, health care and religious training.*
* C.G.S.A. § 46b-115a.
Physical custody is the term used to describe the person that lives with the child on a day-to-day basis.*
* C.G.S.A. § 46b-115a.
Joint custody means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to make sure the child of gets continued contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody. A judge can assume that joint custody is in the best interest of a minor child if the parents agree.*
* C.G.S.A. § 46b-56a.
If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised. If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request (although this may depend on your situation).
However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.
In the majority of cases, supervised visits are only a temporary measure. Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time -- and if there are no obvious problems, the visits may likely become unsupervised. Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.
In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to CT Finding a Lawyer to seek out legal advice.
There are advantages and disadvantages to requesting a custody order.
Possible Advantages of a Custody Order
A custody order can:
If there is a disagreement between a parent and a nonparent about custody, a judge can assume that it is in the best interst of the child to be with the parent. This is true unless it can be shown that being with the parent would be harmful to the child.
Where the parents are no longer living or unfit, the judge can award custody to another person or to an agency such as the Department of Human Resources, depending on what the judge believes to be in the best interest of the child. If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is usually entitled to custody of the child.*
* C.G.S.A. § 46b-56b.
A judge will look at what is in the best interest of the child when s/he is deciding who will receive custody. The judge may consider one or more of the following factors, among others:
* C.G.S.A. § 46b-56(c)
Possibly. The judge will consider various factors when making an order of custody and visitation. One factor a judge can consider is if domestic violence has occurred between the parents, between a parent and someone else, or between a parent and the child -- the judge can consider the effect that the actions of the abuser have had on the child.* However, this is only one of many factors considered and does not necessarily mean that an abuser will not get some form of custody or visitation.
* C.G.S. § 46b-56(c)(14)
Possibly. Anyone can file for visitation if s/he can allege in the petition (and later prove at a hearing) that:
You do not need a lawyer to file for custody. However, it may be difficult for you to file a proper petition without the help of a lawyer. Also, if the other parent has a lawyer, it will be particularly helpful if you have a lawyer as well. To find a lawyer or legal aid program in your area, please visit the CT Finding a Lawyer page under the Where to Find Help tab at the top of this page.
Custody jurisdiction is state law. However, Connecticut, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which we explain here.
Under the UCCJEA, you can only file for custody in the "home state" of the child. (There are exceptions to the "home state" rule -- see below.)
The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, you cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state that your children most recently lived in for at least six months.
There are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have "significant connections." Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction. This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.
You can also file for temporary emergency custody in a state other than the home state if:
1. the child is present in that state, and
2. the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.*
* C.G.S.A. § 46b-115k.
It depends on the particulars of your situation. To find out what the process will be like for you, please consult a lawyer in your area. To find a lawyer or legal aid program in your area, please visit the CT Finding a Lawyer page under the Where to Find Help tab at the top of this page.
Generally, if the parents are married, one or both of the parents usually files for custody as part of a divorce action. If the parents are already divorced, the parent who does not have custody can file a petition for a change in custody in the county where the divorce was issued. If the parents were never married or live separately, either parent can file for custody in the county in which the child has been living for at least six months.*
* C.G.S.A. § 46b-61
Because custody is decided in the best interest of the child, an order is never permanent. If you have a custody order already in place, you can petition the court to make changes to it or modify it. Generally, you can only ask to have a custody order modified if there has been a change in circumstances.
To modify a custody order, you will need to go to the court that issued the order, even if you have moved. Generally, once a court has jurisdiction, that court will keep jurisdiction, even if you move to another state. If you have moved, you can ask the court to change the jurisdiction to the new state that you are in. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer or legal iad program in your area, please visit the CT Finding a Lawyer page under the Where to Find Help tab at the top of this page*
* C.G.S.A. § 46b-56b.
If you move to another state, you may be able to change the state where the custody case is being heard. You will have to ask the judge that is hearing the case to change the jurisdiction of your case.
If you move to CT, a judge cannot modify a child custody order unless:
This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer or legal aid program in your area, please visit the CT Finding a Lawyer page under the Where to Find Help tab at the top of this page.*
* C.G.S.A. § 46b-115m.
If a protective order is granted due to domestic violence, the order may include temporary custody of minor children and temporary visitation. Custody granted with a protective order expires with that order. The judge may also extend temporary orders as s/he feels is necessary.*
* C.G.S.A. § 46b-15
It depends. If the other parent takes the children out of state or somewhere else in the state in violation of your rights to custody or visitation under a court order, you can file a petition for contempt of court. If the other parent purposefully attempts to deny you your custody or visitation rights under a court order, that parent may be guilty of a crime.*
* C.G.S.A. § 53a-97
If you have temporary custody, the judge can order the other parent to pay temporary reasonable support to both you and your children. Later, as part of the custody hearing, the judge may also order child support. The amount will be in accordance with child support guidelines, unless the judge finds good reason to vary from the guidelines.*
* C.G.S.A. § 46b-84
The court may order you to take part in mediation. The session will be conducted informally as a conference or series of conferences, or by telephone. It will consist of a neutral third party, working with the parties involved to reach a mutually agreed upon solution. Each party has one challenge if they disagree with the mediator chosen. If you have been abused, make sure to tell the judge. It may affect his/her decision about whether or not to send you to mediation. If you are a victim of domestic violence, you may want to consider asking a judge to waive mediation.
If the mediator determines that mediation efforts are unsuccessful, s/he will end mediation and notify the judge that the mediation efforts have failed. The custody proceeding will then continue.*
* C.G.S.A. § 46b-59a