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Legal Information: Connecticut

Custody

Laws current as of October 17, 2025

How will a judge make a decision about custody?

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)

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Where can I file for custody? Which state has jurisdiction?

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

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Can I get an emergency ex parte custody order when I file my custody petition?

Anyone who is filing for custody of a minor child can ask the court to issue an emergency ex parte order of custody when s/he believes there is an immediate and present risk of physical danger or psychological harm to the child.1 An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.3 At the hearing, the other parent can object to the ex parte order continuing and it will be up to the judge to decide whether or not to continue the order.

If the judge decides not to issue an ex parte order immediately, the judge must still schedule a hearing on the matter although it may not necessarily be within 14 days.3 If at any time before or after the hearing, the judge believes that an immediate and present risk of physical danger or psychological harm to the child exists, the judge has the power to issue an emergency ex parte order for the protection of the child and the judge can inform the Department of Children and Families of any relevant information in your affidavit for their possible investigation. The emergency order can provide temporary child custody or visitation rights and can order the respondent-parent to not:

  1. remove the child from the state;
  2. interfere with the applicant’s custody of the child;
  3. interfere with the child’s educational program; or
  4. take any other specific action that is in the best interests of the child.2

1 C.G.S. § 46b-56f(a)
2 C.G.S. § 46b-56f(c)
3 C.G.S. § 46b-56f(d)

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Is there anything I can do if my abusive partner continually files court proceedings against me?

In any family relations matter, the judge has the power to punish (sanction) the abuser if s/he is filing motions or petitions in a pattern that the judge believes is “frivolous and intentionally fabricated.” In other words, there is no good reason for the abuser to file against you and s/he is making up these claims. If you think the abuser is doing this, you can file a motion or raise the issue with the judge while you are in court. If the judge does sanction the abuser, the punishment will be focused on making the case move forward without delay.1

“Family relations matters” means the following types of cases:

  1. separation, annulment, or divorce proceedings;
  2. alimony, support, and custody related to a separation, annulment, or divorce;
  3. name changes;
  4. relief from abuse orders;
  5. civil support obligations;
  6. custody and visitation, including habeas corpus;
  7. habeas corpus cases brought on behalf of a mentally ill person, unless that person has been charged with a crime;
  8. appointment of a commission to investigate whether someone is wrongfully confined;
  9. juvenile matters;
  10. paternity/parentage;
  11. appeals from probate court related to:
    • adoption or termination of parental rights;
    • appointment and removal of a guardian or conservator;
    • custody; or
    • orders of commitment;
  12. any of the following from another state or country:
    • prenuptial or separation agreements;
    • matrimonial or civil union decrees; or
    • divorce, separation, or annulment of a civil union;
  13. interstate custody under the UCCJEA; or
  14. any other matter concerning children or family relations that are within the power (jurisdiction) of the Superior Court.2 

1 C.G.S. § 46b-1a
2 C.G.S. § 46b-1(a)

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Do I need a lawyer?

You do not need a lawyer to file for custody. However, it may be difficult for you represent yourself in court 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 our CT Finding a Lawyer page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

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