Child custody and parenting time
Child custody in Connecticut
Custody is mostly decided by state law. This page covers what Connecticut sets: the words it uses, how judges decide, how to ask the court, moving with your child, relatives and free help.
What Connecticut calls custody
- Connecticut calls it
- custody and visitation (parental responsibility)
- Time with each parent
- visitation (parenting time)
- joint custody (joint legal custody)
- Both parents have legal custody and make major decisions together. Physical custody is shared so your child has continuing contact with both parents. If parents agree, the judge can order joint legal custody without joint physical custody.
- sole custody
- One parent has custody, and the other parent gets parenting time that fits the child's needs.
- joint parental responsibility
- Both parents share responsibility for raising the child. The order says where the child lives with each parent and how parents consult on major decisions about health, education, and religion.
- visitation (parenting time)
- Time your child spends with a parent who does not have custody, or with a grandparent or another person if the court allows it.
- parental responsibility plan
- A written plan parents must file in a custody dispute. It covers the child's yearly schedule, who decides health, education, and religion, how to settle future disputes, and how to protect the child from parental conflict.
Law: Conn. Gen. Stat. §§ 46b-56(b), 46b-56a(a), (d)
How the judge decides in Connecticut
What the law tells the judge to look at
In the order the law lists them.
- Your child's physical and emotional safety.Conn. Gen. Stat. § 46b-56(c)(1)
- Your child's temperament and developmental needs.Conn. Gen. Stat. § 46b-56(c)(2)
- How well each parent can understand and meet the child's needs, and is willing to.Conn. Gen. Stat. § 46b-56(c)(3)
- Useful information from the child, including the child's informed preferences.Conn. Gen. Stat. § 46b-56(c)(4)
- What each parent wants for custody.Conn. Gen. Stat. § 46b-56(c)(5)
- The child's past and current relationship with each parent, brothers and sisters, and anyone else who may strongly affect the child.Conn. Gen. Stat. § 46b-56(c)(6)
- Whether each parent is willing and able to support the child's relationship with the other parent, including following court orders.Conn. Gen. Stat. § 46b-56(c)(7)
- Any manipulation or coercive behavior by a parent to pull the child into the parents' dispute.Conn. Gen. Stat. § 46b-56(c)(8)
- Whether each parent can be actively involved in the child's life.Conn. Gen. Stat. § 46b-56(c)(9)
- How well the child has adjusted to home, school, and community.Conn. Gen. Stat. § 46b-56(c)(10)
- How long the child has lived in a stable, good home, and whether it is good to keep that going. The judge may view favorably a parent who moves out during the case to lower stress in the home.Conn. Gen. Stat. § 46b-56(c)(11)
- How stable the child's current or proposed homes are.Conn. Gen. Stat. § 46b-56(c)(12)
- The mental and physical health of everyone involved. A parent's disability alone does not decide custody, unless the proposed plan is not in the child's best interest.Conn. Gen. Stat. § 46b-56(c)(13)
- The child's cultural background.Conn. Gen. Stat. § 46b-56(c)(14)
- How an abuser's actions affect the child, if there was domestic violence between the parents, or between a parent and another person or the child.Conn. Gen. Stat. § 46b-56(c)(15)
- Whether the child or a brother or sister was abused or neglected.Conn. Gen. Stat. § 46b-56(c)(16)
- Whether the parent finished the court's parenting education program.Conn. Gen. Stat. § 46b-56(c)(17)
Other things the judge considers
- Orders must give the child the active and consistent involvement of both parents, in line with their abilities and interests.Conn. Gen. Stat. § 46b-56(b)
- In a dispute between a parent and a non-parent, the law presumes custody with the parent is best. The non-parent must show that custody with the parent would harm the child.Conn. Gen. Stat. § 46b-56b
- When a third party joins the case, the judge considers the child's wishes if the child is old enough to form an intelligent preference.Conn. Gen. Stat. § 46b-57
What the judge may not consider
A parent's disability alone cannot decide custody (Conn. Gen. Stat. § 46b-56(c)(13)). A parent convicted of murder cannot get visitation unless the child is old enough to say what they want and agrees (§ 46b-59b). The judge does not have to give any factor a set weight but must explain the decision (§ 46b-56(c)).
Joint custody
Only when parents agree. If both parents agree to joint custody (in writing or in open court), the law presumes joint custody is best for the child, and a judge who says no must give reasons. If only one parent asks for joint custody, the judge may send both parents to conciliation at their own cost.
The child's wishes
The judge may consider useful information from the child, including the child's informed preferences. No age is set in the statute.
Domestic violence
There is no presumption against custody to an abusive parent. The judge must consider how an abuser's actions affect the child if there was domestic violence, which in Connecticut includes coercive control, and whether the child or a sibling was abused or neglected. A domestic violence restraining order can include temporary custody or visitation.
Law: Conn. Gen. Stat. §§ 46b-56, 46b-56a, 46b-56b, 46b-57, 46b-59b
If the parents are not married in Connecticut
Who has custody before a court order
Connecticut law says the father and mother of every minor child are joint guardians of the child, with equal powers, rights, and duties. If parents were not married, the other parent must first be a legal parent, usually by signing an Acknowledgment of Parentage or by a court order. To ask for custody or visitation, you must file proof of the legal relationship, such as a birth certificate naming both parents or a filed acknowledgment.
To ask for custody, you must first be a legal parent of the child.
Establishing paternity
- How
- The person who gave birth and the other parent can sign an Acknowledgment of Parentage. Signatures must be notarized or witnessed, and you must be told your rights first. Once filed with the Department of Public Health, it has the same effect as a court judgment. Filing it is free. Either signer can cancel it within 60 days after it takes effect, or before the first court hearing about the child if that comes sooner, by filing a signed rescission with the Department of Public Health. After that, it can only be challenged in court for fraud, force, or a major mistake of fact. You can also ask the Superior Court to decide parentage, or ask the Department of Social Services, Office of Child Support Services, for help.
- Form
- Acknowledgment of Parentage
- Cancelling it
- Signed rescission filed with the Department of Public Health, notarized or witnessed (Conn. Gen. Stat. § 46b-482).
- Agency
- Connecticut Department of Public Health (parentage registry) and Department of Social Services, Office of Child Support Services
https://portal.ct.gov/dss/child-support/child-support/custodial-parent-information
Law: Conn. Gen. Stat. §§ 45a-606, 46b-61, 46b-476, 46b-477, 46b-479, 46b-480, 46b-482, 46b-483
How to ask the court in Connecticut
- Court
- Superior Court (family matters) in the judicial district where a parent lives
- Court self-help center
- https://www.jud.ct.gov/forms/grouped/family/custody.htm
- Self-help center in Spanish
- https://ctlawhelp.org/es
Key forms
- JD-FM-161 — Custody/Visitation Application - Parent (also in Spanish, JD-FM-161S)
- JD-FM-162 — Order to Show Cause and Notice to the Respondent (also in Spanish)
- JD-FM-158 — Notice of Automatic Orders
- JD-FM-164 — Affidavit Concerning Children
- JD-CL-12 — Appearance
- JD-FM-176 — Motion for Orders Before Judgment (Pendente Lite) in Family Cases
- JD-FM-222 — Application for Emergency Ex Parte Order of Custody
- JD-FM-174 — Motion for Modification
- JD-FM-173 — Motion for Contempt/Contempt Citation
- JD-FM-221 — Verified Petition for Visitation - Grandparents & Third Parties
- JD-FM-75 — Application for Waiver of Fees/Payment of Costs/Appointment of Counsel - Family
What it costs
$360 — Entry fee for a civil cause in the Superior Court (the fee list includes paternity actions). The clerk collects it when you file a Custody/Visitation Application. You also pay a State Marshal to serve the papers.
Fee schedule: Judicial Branch Court Fees, revised effective September 21, 2023 (Source)
Other fees
- $180 — Post-judgment motion to modify a family judgment (custody, visitation, or support)Court Fees item 17; Conn. Gen. Stat. § 52-259c(a)
- $0 — Motion for contemptJudicial Branch, Filing a Motion for Contempt instructions
- $0 — Application for a domestic violence restraining order (relief from abuse), or to change or extend oneConn. Gen. Stat. § 52-259(a)(3)
- $0 — Family Services (Resolution Plan Date, negotiation, mediation) — no fee, though programs they recommend may cost moneyJudicial Branch Family FAQ
After you file
- Time to respond
- There is no written answer deadline for a custody application. The other parent must be served at least 12 calendar days before the Resolution Plan Date and must come that day. Proof of service must be filed at least 6 days before. For an emergency ex parte order, the other parent must be served at least 5 days before the hearing.
- Mediation
- On the Resolution Plan Date, both parents meet with the court's Family Services staff, who help you try to reach an agreement. Then a judge reviews any agreement or sets the next steps. The Judicial Branch says Family Services charges no fee. The court can also order an evaluation, a guardian ad litem, or private mediation.
- Parenting class
- Yes. When a minor child is involved, the court orders both parties to take the Judicial Branch parenting education program, unless the parties agree not to and the court approves, the court excuses it, or you take a similar program. You only have to take it once. You pay the provider a fee (the law caps it at $200 per person, adjusted for inflation), but no one can be turned away for not being able to pay. The program is no more than 10 hours.
- Emergency orders
- If you believe your child faces an immediate and present risk of physical danger or psychological harm, you can file an Application for Emergency Ex Parte Order of Custody (JD-FM-222) with a sworn affidavit. The affidavit must say what you did to tell the other parent, or why you did not. The judge can give temporary custody or visitation and can order the other parent not to take the child out of the state or interfere with custody or school. If the order is made without the other parent present, a hearing must be held within 14 days.
Which state's court decides: Connecticut has adopted the UCCJEA, the uniform law on this (Conn. Gen. Stat. §§ 46b-115 to 46b-115gg (chapter 815p)). How the home-state rule works →
Law: Conn. Gen. Stat. §§ 46b-56f, 46b-61, 46b-69b, 52-259; forms JD-FM-161, JD-FM-162
Changing or enforcing an order in Connecticut
Changing an order
You can ask the court to change a custody or visitation order at any time with a Motion for Modification (JD-FM-174). The judge decides based on the child's best interest, using the same factors. Court cases also require a material change in circumstances since the last order.
Law: Conn. Gen. Stat. §§ 46b-56(a), (c), 46b-56a(g)
If the other parent does not follow the order
If the other parent does not follow the order, you can file a Motion for Contempt (JD-FM-173). There is no fee. A State Marshal must serve it. The state can also offer mediation programs for disputes about visitation.
Law: Conn. Gen. Stat. §§ 46b-87, 46b-59a
Moving with your child from Connecticut
After a custody judgment, if a parent wants to move with the child and the move would have a significant impact on the parenting plan, the moving parent must prove that the move has a legitimate purpose, that the new place is reasonable for that purpose, and that the move is in the child's best interest. The judge looks at each parent's reasons, the child's relationship with each parent, how the move affects contact with the other parent, how the move may improve life for the parent and child, and whether visits can keep the relationship going. The statute does not set a notice period or a distance.
- Notice required by
- No notice rule in state law
Law: Conn. Gen. Stat. § 46b-56d
Grandparents and other relatives in Connecticut
Grandparent visitation
Yes. Any person, including a grandparent or great-grandparent, can file a verified petition for visitation (JD-FM-221). The petition must show that a parent-like relationship exists and that denying visits would cause real and significant harm, which means the child would be neglected or uncared for. The judge must find both by clear and convincing evidence. For grandparents, the judge can also look at a history of regular contact and a close relationship. The judge considers the child's wishes if the child is old enough. Visitation does not make the person a parent and cannot stop the custodial parent from moving.
Custody by someone who is not a parent
In a custody case, an interested third party can ask to join, and the judge can give them full or partial custody or visitation if it is best for the child. But the law presumes custody with a parent is best, unless custody with the parent would harm the child.
Law: Conn. Gen. Stat. §§ 46b-56b, 46b-57, 46b-59
Protective orders in Connecticut
- What Connecticut calls it
- Restraining order (Application for Relief from Abuse)
Custody and visitation in the order
Yes. A restraining order, including one made the same day without the other person present, can include temporary custody or visitation. There is no filing fee, and the officer who serves it cannot charge you.
Law: Conn. Gen. Stat. §§ 46b-15(b), (h), 52-259(a)(3)
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
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Free help in Connecticut
Court self-help
Court Service Centers (help with forms and court procedures)
Court self-help
Judicial Branch Law Libraries: child custody research guide
Legal aid directory
CTLawHelp Legal Help Finder (Statewide Legal Services of Connecticut, LSC-funded)
Domestic violence help
CT Safe Connect (24/7 domestic violence help line, from the Connecticut Coalition Against Domestic Violence)
https://www.ctsafeconnect.org/
Provides services directly
Good to know in Connecticut
- Connecticut's law lists 17 best-interest factors, and the judge must explain the decision (Conn. Gen. Stat. § 46b-56(c)).
- If parents agree to joint custody, the law presumes it is best for the child (Conn. Gen. Stat. § 46b-56a(b)).
- Grandparents and others must show a parent-like relationship and real and significant harm to get visitation (Conn. Gen. Stat. § 46b-59).
Recent changes
- In effect October 1, 2025Parents with collaborative lawyers can sign an agreement to settle custody, visitation, and parenting time out of court in a collaborative law process.Public Act 25-153 (Uniform Collaborative Law Act) · new sections (OLR report 2025-R-0111)
- In effect October 1, 2025You can send restraining order papers to the serving officer electronically, and the officer cannot charge you a fee.Public Act 25-78, § 14 · Conn. Gen. Stat. § 46b-15(h)
More RobinClaim guides for Connecticut → · All states
Sources
- Conn. Gen. Stat. ch. 815j (custody, §§ 46b-56 to 46b-69b), current revision
- Conn. Gen. Stat. ch. 818 (Connecticut Parentage Act; acknowledgment §§ 46b-476 to 46b-487)
- Conn. Gen. Stat. ch. 802h, § 45a-606 (parents joint guardians)
- Conn. Gen. Stat. ch. 815a, § 46b-15, 2026 Supplement
- Conn. Gen. Stat. ch. 815p (UCCJEA)
- Conn. Gen. Stat. ch. 901, § 52-259 (court fees)
- Judicial Branch: Filing for Custody or Visitation
- Judicial Branch: Court Fees (revised effective Sept. 21, 2023)
- Form JD-FM-161 Custody/Visitation Application - Parent (Rev. 4-23)
- Form JD-FM-162 Order to Show Cause and Notice to the Respondent (Rev. 10-21)
- Form JD-FM-222 Application for Emergency Ex Parte Order of Custody (Rev. 11-22)
- Judicial Branch: Family FAQ
- Judicial Branch: Motion for Modification instructions
- Judicial Branch: Motion for Contempt instructions
- Law Library: Child custody
- Law Library: Grandparents' rights
- OLR: 2026 Public Acts Affecting Children (2026-R-0086)
- OLR: 2025 Public Acts Affecting Children (2025-R-0111)
- OLR: 2024 Public Acts Affecting Children (2024-R-0105)
- DSS Office of Child Support Services: custodial parent information
- CT Safe Connect
- Connecticut Coalition Against Domestic Violence
- NNEDV: State and U.S. Territory Coalitions
- LSC: Our grantees
- Official source: What Connecticut calls custody
- Official source: Moving with your child from Connecticut
- Official source: Grandparents and other relatives
- Official source: Protective orders in Connecticut
Last checked: November 2026