(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
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.