(a) For the purposes of this section, “joint custody” means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody.
(b) There shall be a presumption, affecting the burden of proof, that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding joint custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of joint custody.
(c) If only one parent seeks an order of joint custody upon a motion duly made, the court may order both parties to submit to conciliation at their own expense with the costs of such conciliation to be borne by the parties as the court directs according to each party's ability to pay.
(d) In any proceeding before the Superior Court involving a dispute between the parents of a minor child with respect to the custody, care, education and upbringing of such child, the parents shall file with the court, at such time and in such form as provided by rule of court, a proposed parental responsibility plan that shall include, at a minimum, the following: (1) A schedule of the physical residence of the child during the year; (2) provisions allocating decision-making authority to one or both parents regarding the child's health, education and religious upbringing; (3) provisions for the resolution of future disputes between the parents, including, where appropriate, the involvement of a mental health professional or other parties to assist the parents in reaching a developmentally appropriate resolution to such disputes; (4) provisions for dealing with the parents' failure to honor their responsibilities under the plan; (5) provisions for dealing with the child's changing needs as the child grows and matures; and (6) provisions for minimizing the child's exposure to harmful parental conflict, encouraging the parents in appropriate circumstances to meet their responsibilities through agreements, and protecting the best interests of the child.
(e) The objectives of a parental responsibility plan under this section are to provide for the child's physical care and emotional stability, to provide for the child's changing needs as the child grows and to set forth the authority and responsibility of each parent with respect to the child.
(f) If both parents consent to a parental responsibility plan under this section, such plan shall be approved by the court as the custodial and access orders of the court pursuant to section 46b-56, unless the court finds that such plan as submitted and agreed to is not in the best interests of the child.
(g) The court may modify any orders made under this section in accordance with section 46b-56.
(P.A. 81-402, S. 2; P.A. 05-258, S. 4.)
History: P.A. 05-258 added Subsecs. (d) to (g) re parental responsibility plan and modification of orders.
Cited. 195 C. 202; 207 C. 217. Sec. 46b-56 et seq. cited. 236 C. 582.
Joint custody discussed. 5 CA 649. Cited. 25 CA 366. Trial court did not abuse discretion when giving parent safe discretion re attendance at private school where there was joint custody. 55 CA 18. Section applies only where parents are sole petitioners for custody of child and there is agreement of both parents to share joint custody. 90 CA 744. Court's order awarding final decision-making authority to one party having joint legal custody of child did not constitute award of sole custody in violation of statutory presumption in favor of joint custody. 188 CA 387.
Structure Connecticut General Statutes
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-41. (Formerly Sec. 46-36a). - Complaint includes cross-complaints or cross actions.
Section 46b-42. (Formerly Sec. 46-33). - Jurisdiction.
Section 46b-43. (Formerly Sec. 46-34). - Capacity of minor to prosecute or defend.
Section 46b-44. (Formerly Sec. 46-35). - Residency requirement.
Section 46b-44a. - Filing of joint petition for nonadversarial dissolution of marriage. Procedure.
Section 46b-44b. - Revocation of joint petition for nonadversarial dissolution of marriage. Effect.
Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.
Section 46b-49. (Formerly Sec. 46-45). - Private hearing.
Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.
Section 46b-52. - Recrimination and condonation abolished.
Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.
Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.
Section 46b-56b. - Presumption re best interest of child to be in custody of parent.
Section 46b-56c. - Educational support orders.
Section 46b-56e. - Orders of custody or visitation re children of deploying parent.
Section 46b-56f. - Emergency ex parte order of custody.
Section 46b-58. (Formerly Sec. 46-58). - Custody, maintenance and education of adopted children.
Section 46b-59. - Petition for right of visitation with minor child. Order for payment of fees.
Section 46b-59a. - Mediation of disputes re enforcement of visitation rights.
Section 46b-59b. - Court may not grant visitation to parent convicted of murder. Exception.
Section 46b-60. (Formerly Sec. 46-55). - Orders re children and alimony in annulment cases.
Section 46b-63. (Formerly Sec. 46-60). - Restoration of birth name or former name of spouse.
Section 46b-64. (Formerly Sec. 46-64c). - Orders of court prior to return day of complaint.
Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.
Section 46b-69. (Formerly Sec. 46-64b). - Statutes applicable to matrimonial actions.
Section 46b-69a. - Wage executions and earning assignments.
Section 46b-69b. - Parenting education program.
Section 46b-69c. - Advisory committee. Recommendations to Judicial Department.
Section 46b-70. - Foreign matrimonial judgment defined.
Section 46b-71. - Filing of foreign matrimonial judgment; enforcement in this state.
Section 46b-72. - Notification of filing.
Section 46b-73. - Stay of enforcement; modifications; hearing.
Section 46b-74. - Right to action on judgment unimpaired.
Section 46b-75. - Uniformity of interpretation.
Section 46b-81. (Formerly Sec. 46-51). - Assignment of property and transfer of title.
Section 46b-82. (Formerly Sec. 46-52). - Alimony.
Section 46b-85. (Formerly Sec. 46-53). - Order for support of mentally ill spouse.
Section 46b-86. (Formerly Sec. 46-54). - Modification of alimony or support orders and judgments.
Section 46b-87. (Formerly Sec. 46-56). - Contempt of orders.