Title 46b, Title 46b: Family Law

Sec. 46b-115a. Definitions. As used in this chapter: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision; (2) “Child” means an individual who has not attained eighteen years of age; (3) “Child custody determination” means a judgment, decr…

Sec. 46b-115aa. Expedited enforcement of child custody determination. (a) A petitioner seeking to enforce a child custody determination must verify the petition and attach copies of certified copies of all orders or notice sought to be enforced and of any order confirming registr…

Sec. 46b-115b. Proceedings governed by other law. The chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (P.A. 99-185, S. 3, 40.) History: P.A. 99-185 effective July 1, 2000.

Sec. 46b-115bb. Service of petition and order. Except as otherwise provided in section 46b-115dd, the petition and order shall be served upon the respondent and any person who has physical custody of the child by personal service. (P.A. 99-185, S. 29, 40.) History: P.A. 99-185 ef…

Sec. 46b-115c. Application to Indian tribes. A child custody proceeding that pertains to an Indian child as defined in section 46b-116a is not subject to this chapter to the extent that it is governed by sections 46b-116 to 46b-116aa, inclusive. (P.A. 99-185, S. 4, 40; P.A. 23-11…

Sec. 46b-115cc. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 46b-115n, the court shall enforce the child custody determination and if appropriate, order the petitioner to take immediate physical custody of the child unless the res…

Sec. 46b-115d. International application of chapter. For purposes of this chapter, any child custody order of a foreign country shall be treated in the manner provided in section 46b-115hh. (P.A. 99-185, S. 5, 40.) History: P.A. 99-185 effective July 1, 2000.

Sec. 46b-115dd. Order to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of an order to take physical custody of the child if the child will suf…

Sec. 46b-115e. Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 46b-1…

Sec. 46b-115ee. Costs, fees and expenses. The court shall award the prevailing party necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel expenses, and…

Sec. 46b-115f. Priority. If a question of the existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given calendar priority and handled expeditiously. (P.A. 99-185, S. 7, 40.) History: P.A.…

Sec. 46b-115ff. Recognition and enforcement of order issued by another state. A court of this state shall accord full faith and credit to an enforcement order issued by another state in accordance with statutes substantially similar to this chapter which enforces a child custody …

Sec. 46b-115g. Notice to persons outside state; submission to jurisdiction. (a) Notice required for the exercise of jurisdiction over a person outside this state shall be given in a manner reasonably calculated to give actual notice, and may be: (1) By personal delivery outside t…

Sec. 46b-115gg. Appeals. An order enforcing a child custody determination may not be stayed pending appeal unless the court enters a temporary emergency order under section 46b-115n. (P.A. 99-185, S. 34, 40.) History: P.A. 99-185 effective July 1, 2000. PART IV FOREIGN CHILD CUST…

Sec. 46b-115h. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to partici…

Sec. 46b-115hh. Definitions. As used in sections 46b-115ii and 46b-115jj: “Foreign child custody determination” means any judgment, decree or other order of a court or tribunal of competent jurisdiction of a foreign state providing for legal custody, physical custody or visitatio…

Sec. 46b-115i. Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding, guardian ad litem or legal representative of the child may offer testimony of witnesses who are located in another state, including t…

Sec. 46b-115ii. Foreign child custody determination. A court of this state shall treat a foreign child custody determination made under factual circumstances in substantial conformity with the jurisdictional standards of this chapter, including reasonable notice and opportunity t…

Sec. 46b-115j. Cooperation between courts; preservation of records. (a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order tha…

Sec. 46b-115jj. Enforcement of foreign child custody order re return of child under Hague Convention. A court of this state shall enforce a foreign child custody determination or an order of a federal court or another state court for return of a child under The Hague Convention o…

Sec. 46b-115k. Initial child custody jurisdiction. (a) Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody determination if: (1) This state is the home state of the child on the date of the commencement of the …

Sec. 46b-115l. Jurisdiction. (a) Except as otherwise provided in section 46b-115n, a court of this state which has made a child custody determination pursuant to sections 46b-115k to 46b-115m, inclusive, has exclusive, continuing jurisdiction over the determination until: (1) A c…

Sec. 46b-115m. Modification of custody determination of another state. (a) Except as otherwise provided in section 46b-115n, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make a…

Sec. 46b-115n. Temporary emergency jurisdiction. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and (1) the child has been abandoned, or (2) it is necessary in an emergency to protect the child because the child, a sibling or …

Sec. 46b-115o. Notice and opportunity to be heard; joinder. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standard established in section 46b-115g shall be given to the parties, any parent whose p…

Sec. 46b-115p. Simultaneous proceedings. (a) Except as otherwise provided in section 46b-115n, if at the time of the commencement of the proceeding in this state a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction pu…

Sec. 46b-115q. Inconvenient forum. (a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a c…

Sec. 46b-115r. Jurisdiction declined by reason of conduct; assessment of fees and costs. (a) Except as otherwise provided in section 46b-115n, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifi…

Sec. 46b-115s. Information required by the court. (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable and not confidential under state law, under oath as to the child's present addre…

Sec. 46b-115t. Appearance of parties and child. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state …

Sec. 46b-115u. Definitions. As used in sections 46b-115u to 46b-115gg, inclusive, “petitioner” means a person who seeks enforcement of a child custody determination, and “respondent” means a person against whom a proceeding has been commenced for enforcement of a child custody de…

Sec. 46b-115v. Enforcement under Hague Convention. A court of this state may enforce an order by a federal court or another state court for the return of a child made pursuant to the Hague Convention on the Civil Aspects of International Child Abduction in accordance with section…

Sec. 46b-115w. Registration of child custody determination. (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the Superior Court in this state: (1) A letter o…

Sec. 46b-115x. Enforcement of child custody determination. A court of this state shall recognize and enforce, but not modify except in accordance with section 46b-115m, a child custody determination of a court of another state if (1) the court of the other state exercised jurisdi…

Sec. 46b-115y. Temporary visitation order. (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing (1) the visitation schedule made by the court of another state, or (2) the visitation provisions of …

Sec. 46b-115z. Simultaneous proceedings. If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determ…

Sec. 46b-116. Short title: Connecticut Indian Child Welfare Act. Sections 46b-116 to 46b-116aa, inclusive, may be cited as the “Connecticut Indian Child Welfare Act”. (P.A. 23-113, S. 1.) History: P.A. 23-113 effective June 26, 2023.

Sec. 46b-116a. Definitions. As used in this section and sections 46b-116b to 46b-116aa, inclusive: (1) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. “Adoptive placement” does not i…

Sec. 46b-116aa. State court requirements to file copies, orders, information concerning adoptive placements of Indian children with Secretary of the Interior. Requirements regarding parental anonymity requests, exemption from disclosure under State Freedom of Information Act. Any…

Sec. 46b-116b. Jurisdiction over Indian child custody matters. An Indian tribe shall have exclusive jurisdiction as to any state court over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such j…

Sec. 46b-116bb. Severability, applicability of provisions of Connecticut Indian Child Welfare Act. If any provision of sections 46b-116 to 46b-116aa, inclusive, or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or …

Sec. 46b-116c. State foster care, termination of parental rights proceedings. Transfer of jurisdiction to Indian tribe. Rights to intervene. Full faith and credit to tribal acts. Records, judicial proceedings. (a) In any state court proceeding for the foster care placement of, or…

Sec. 46b-116d. Required notice to Indian parent, Indian custodian, Indian tribe of state foster care, termination of parental rights proceedings involving Indian child. (a) In any involuntary proceeding in the Superior Court, where the court knows or has reason to know that an In…

Sec. 46b-116e. Right to court-appointed counsel upon indigency determination for Indian parent, Indian custodian. Court discretion to appoint counsel for Indian child. In any child custody proceeding in which the state court determines indigency, the parent or Indian custodian sh…

Sec. 46b-116f. Rights of parties to reports, documents filed with court. A state court shall disclose all reports or other documents filed with the court upon which any decision may be based with respect to a foster care placement or termination of parental rights proceeding unde…

Sec. 46b-116g. Evidence of efforts to prevent breakup of Indian family. Requirements for parties seeking foster care of, termination of parental rights to Indian child. Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child u…