(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 an initial determination under subdivisions (1) to (4), inclusive, of subsection (a) of section 46b-115k and one of the following occurs: (1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under a provision substantially similar to section 46b-115l; (2) a court of another state determines that a court of this state would be a more convenient forum under a provision substantially similar to section 46b-115q; or (3) a court of this state or another state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
(b) Notwithstanding the provisions of this chapter, a court of this state may modify a child custody determination made by a court of another state if: (1) The child resides in this state with a parent; (2) the child has been, or is under a threat of being, abused or mistreated by a person who resides in the state which would have jurisdiction under the provisions of this chapter; and (3) the court of this state determines that it is in the child's best interest to modify the child custody determination.
(P.A. 99-185, S. 14, 40.)
History: P.A. 99-185 effective July 1, 2000.
Subsec. (b):
Federal Parental Kidnapping Prevention Act preserves to the state that initially enters a child custody determination that is valid under its own law and is consistent with the PKPA the sole prerogative to modify that determination, as long as any modification would also be valid under its own law and either the child or a contestant continues to live in the state. 97 CA 46.
Structure Connecticut General Statutes
Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.
Section 46b-115a. - Definitions.
Section 46b-115b. - Proceedings governed by other law.
Section 46b-115c. - Application to Indian tribes.
Section 46b-115d. - International application of chapter.
Section 46b-115e. - Effect of child custody determination.
Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.
Section 46b-115h. - Communication between courts.
Section 46b-115i. - Taking testimony in another state.
Section 46b-115j. - Cooperation between courts; preservation of records.
Section 46b-115k. - Initial child custody jurisdiction.
Section 46b-115l. - Jurisdiction.
Section 46b-115m. - Modification of custody determination of another state.
Section 46b-115n. - Temporary emergency jurisdiction.
Section 46b-115o. - Notice and opportunity to be heard; joinder.
Section 46b-115p. - Simultaneous proceedings.
Section 46b-115q. - Inconvenient forum.
Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.
Section 46b-115s. - Information required by the court.
Section 46b-115t. - Appearance of parties and child.
Section 46b-115u. - Definitions.
Section 46b-115v. - Enforcement under Hague Convention.
Section 46b-115w. - Registration of child custody determination.
Section 46b-115x. - Enforcement of child custody determination.
Section 46b-115y. - Temporary visitation order.
Section 46b-115z. - Simultaneous proceedings.
Section 46b-115aa. - Expedited enforcement of child custody determination.
Section 46b-115bb. - Service of petition and order.
Section 46b-115cc. - Hearing and order.
Section 46b-115dd. - Order to take physical custody of child.
Section 46b-115ee. - Costs, fees and expenses.
Section 46b-115ff. - Recognition and enforcement of order issued by another state.
Section 46b-115hh. - Definitions.