Connecticut General Statutes
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-61. (Formerly Sec. 46-62). - Orders re children where parents live separately. Filing of accompanying documents.

(a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where any parent resides may, on the application of any parent and after notice is given to the other parent or parents, make any order as to the custody, care, education, visitation and support of any minor child of the parents, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. An applicant shall file the accompanying documents with the court not later than the first date for which the matter appears on the docket.

(b) As used in this section, “accompanying documents” means documents that establish an existing legal relationship between the parents and the child for whom an application for custody, care, education, visitation and support is made under this section. “Accompanying documents” include, but are not limited to, a copy of a birth certificate naming the applicant and the respondent as the parents of the child, a copy of a properly executed acknowledgment of parentage, a court order or decree naming the legally responsible parents, including adoptive parents, a surrogacy agreement as defined in section 7-36, documents showing that the minor child was born during the parents' wedlock or other sufficient evidence within the discretion of the court.
(P.A. 73-373, S. 19; P.A. 74-169, S. 12, 18; P.A. 78-230, S. 46, 54; 78-280, S. 2, 127; P.A. 99-215, S. 4, 29; P.A. 10-32, S. 139; P.A. 18-75, S. 4; P.A. 21-15, S. 114.)
History: P.A. 74-169 changed wording slightly; P.A. 78-230 deleted reference to “minor children” and to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-62 transferred to Sec. 46b-61 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 99-215 substituted “application” for “complaint” and added “Proceedings to obtain such orders shall be commenced by service of an application, summons and an order to show cause.”, effective January 1, 2000; P.A. 10-32 changed “notice given to the other” to “notice is given to the other party”, effective May 10, 2010; P.A. 18-75 redesignated existing provisions re cases in which parents of minor child live separately as Subsec. (a) and amended same by replacing references to party with references to parent and adding provision re applicant to file accompanying documents not later than first date for which matter appears on docket, and added Subsec. (b) defining “accompanying documents”; P.A. 21-15 amended Subsec. (a) by replacing “either parent” with “any parent” and making a technical change, and amended Subsec. (b) by replacing “paternity” with “parentage” and “gestational agreement” with “surrogacy agreement”, effective January 1, 2022.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 46b - Family Law

Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment

Section 46b-40. (Formerly Sec. 46-32). - Grounds for dissolution of marriage; legal separation; 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-44c. - Disposition of nonadversarial dissolution of marriage; entry of decree of dissolution of marriage.

Section 46b-44d. - Review of settlement agreement in nonadversarial dissolution of marriage. Appearance of parties required; exceptions. Matters placed on the regular family docket.

Section 46b-45. (Formerly Sec. 46-36). - Service and filing of complaint and appearance. Waiver of service.

Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.

Section 46b-46. (Formerly Sec. 46-39). - Notice to nonresident party. Jurisdiction over nonresident for alimony and support.

Section 46b-47. (Formerly Sec. 46-40). - Complaint for dissolution of marriage on ground of confinement for mental illness; procedure.

Section 46b-48. (Formerly Sec. 46-37). - Dissolution of marriage or annulment upon conviction of crime against chastity; procedure.

Section 46b-49. (Formerly Sec. 46-45). - Private hearing.

Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.

Section 46b-51. (Formerly Sec. 46-48). - Stipulation of parties and finding of irretrievable breakdown.

Section 46b-52. - Recrimination and condonation abolished.

Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.

Section 46b-53a. - Mediation program for persons filing for dissolution of marriage. Privileged communications.

Section 46b-54. (Formerly Sec. 46-43). - Appointment of counsel or guardian ad litem for a minor child. Duties. Best interests of the child.

Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.

Section 46b-56. (Formerly Sec. 46-42). - Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol s...

Section 46b-56a. - Joint custody. Definition. Presumption. Conciliation. Parental responsibility plan. Modification of orders.

Section 46b-56b. - Presumption re best interest of child to be in custody of parent.

Section 46b-56c. - Educational support orders.

Section 46b-56d. - Relocation of parent with minor child. Burden of proof. Factors considered by court.

Section 46b-56e. - Orders of custody or visitation re children of deploying parent.

Section 46b-56f. - Emergency ex parte order of custody.

Section 46b-57. (Formerly Sec. 46-47). - Third party intervention re custody of minor children. Preference of child.

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-61. (Formerly Sec. 46-62). - Orders re children where parents live separately. Filing of accompanying documents.

Section 46b-62. - Orders for payment of attorney's fees and fees of guardian ad litem in certain actions. Limitations on orders for payment of fees to counsel or guardian ad litem for a minor child. Methodology for calculating fees on sliding-scale b...

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-65. (Formerly Sec. 46-61). - Filing of declaration of resumption of marital relations; dissolution of marriage after legal separation decree when no declaration filed.

Section 46b-66. (Formerly Sec. 46-49). - Review of final agreement; incorporation into decree. Arbitration.

Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.

Section 46b-67. (Formerly Sec. 46-44). - Waiting period. Filing of motion to waive waiting period; nonappearing defendant. Effect of decree.

Section 46b-68. (Formerly Sec. 46-64). - Reports to Department of Public Health re dissolutions of marriage and annulments.

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-80. (Formerly Sec. 46-38). - Prejudgment remedies available; lis pendens; notice; effect.

Section 46b-81. (Formerly Sec. 46-51). - Assignment of property and transfer of title.

Section 46b-82. (Formerly Sec. 46-52). - Alimony.

Section 46b-83. (Formerly Sec. 46-50). - Alimony, support and use of family home or other residential dwelling unit awarded pendente lite. Voluntary leaving of family home by one parent.

Section 46b-84. (Formerly Sec. 46-57). - Parents' obligation for maintenance of minor child. Order for health insurance coverage.

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.

Section 46b-87a. - Forms and instructions for application for contempt order based on violation of visitation order.

Section 46b-88. - National Medical Support Notice. Duties of issuing agency, employer and administrator of group health plan.

Section 46b-89. - Reserved for future use.