Updated January 21, 2024
A Connecticut custody agreement is a legal document that lays out how separated parents will make decisions for their child and divvy up the rights and responsibilities of raising that child. Connecticut courts will always seek to make custody-related decisions based on the “best interest of the child standard,” or the idea that any co-parenting arrangement should ultimately benefit the child.
Child Custody Factors
- The child’s physical and emotional safety
- The temperament and development needs of the child
- The capacity of each parent to meet the child’s needs
- The child’s preferences
- Each parent’s preferences
- The child’s relationship with each parent and with siblings
- The willingness and ability of each parent to encourage a relationship between the child and other parent
- Any manipulative or coercive behavior demonstrated by either parent
- The ability of each parent to be actively involved in the child’s life
- The child’s living situation
- The stability of the child’s existing and proposed residences
- Each party’s mental and physical health
- The child’s cultural background
- Any incidences of domestic abuse or neglect
- Whether parents completed a parenting education program
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How to File for Custody in Connecticut
To ask the court for pendente lite orders, or temporary orders that apply for the duration of a lawsuit or action, fill out Form JD-FM-176, or a Motion for Orders Before Judgment (Pendente Lite) in Family Cases.
1. Agree on a Parenting Plan
Prior to filing any paperwork, the parents should work to agree on scheduling, childcare responsibilities, parental rights, and other factors typically considered during custody proceedings.
Parents who cannot agree on a parenting plan can attend mediation offered through the Court Support Services Division. If the parents are able to come to an agreement during mediation (or without it), the terms of their parenting plan can be given to the court. This can become legally binding if the court agrees it’s in the child’s best interest.
2. Calculate Child Support
In Connecticut, child support is calculated based on the Child Support and Arrearage Guidelines, which uses the “income shares model” to determine the amount of contributions from both parents.[1] This worksheet can be used to estimate the amount of child support that will be ordered by the court.
3. File Paperwork
Parents filing for custody should fill out JD-FM-161, or a Custody/Visitation Application. To file as a grandparent or third party, complete Form JD-FM-221. The following forms should also be completed:
- Order To Attend Hearing And Notice to Respondent (JD-FM-162)
- Notice of Automatic Orders (JD-FM-158)
- Affidavit Concerning Children (JD-FM-164)
- Appearance (JD-CL-12)
For help with forms, contact the Court Service Center. Once forms are complete, the filing party should give copies to the court clerk and retain copies, too.
4. Serve Copies
Officer handing manila envelope to another person.
Once documents have been filed, the filing party should then serve copies of the papers to the other party; in Connecticut, this must be done by a state marshal.[2] This process can cost between $50 and $75.
5. Attend Hearing
If parents do not reach an agreement, then the court will schedule a hearing. If child support is being requested, complete Financial Affidavit (JD-FM-6) ahead of the hearing; bring this and proof of income to court. For help finding the right court location, visit the clerk’s office or Court Service Center.
Custody Laws
- Child’s Preference: Considered “if the child is of sufficient age and capable of forming an intelligent preference” (Sec. 46b-57)
- Uniform Child Custody Jurisdiction and Enforcement Act: Chapter 815p
- Visitation: Sec. 46b-56
Related Forms
