Custody

If there is a disagreement between a parent and a non-parent about custody, a judge can assume that it is in the best interest 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.¹

¹ C.G.S. § 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:

1. the physical and emotional safety of the child;
2. the child’s nature (temperament) and the developmental needs of the child;
3. the ability and willingness of the parents to understand and meet the needs of the child;
4. any relevant and important information obtained from the child, including the child’s preference if the child is able to maturely able to form a preference;
5. the wishes of the child’s parents as to custody;
6. the past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child;
7. the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including following any court orders;
8. any manipulation by, or coercive behavior of, the parents in an effort to involve the child in the parents’ dispute;
9. the ability of each parent to be actively involved in the life of the child;
10. the child’s adjustment to his or her home, school and community environments;
11. the length of time that the child has lived in a stable and satisfactory environment and the desirability of continuing in such environment – – however, if a parent leaves the home during or leading up to the court case to lessen stress in the home, this won’t be held against the parent;
12. the stability of the child’s existing or proposed residences, or both;
13. the mental and physical health of all individuals involved – however, a parent’s disability will not be the only determining factor unless the proposed custodial arrangement is not in the best interests of the child;
14. the child’s cultural background;
15. the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child;
16. whether the child or a sibling of the child has been abused or neglected, as defined by law; and
17. whether the party satisfactorily completed participation in a parenting education program.¹

¹ C.G.S. § 46b-56(c)

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.¹ 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.

¹ C.G.S. § 46b-56(c)(14)

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.¹

¹ C.G.S. § 46b-115k

If you have temporary custody, the judge can order the other parent to pay temporary reasonable support to 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.¹

¹ C.G.S. § 46b-84