Sec. 46b-56. (Formerly Sec. 46-42). Superior Court orders re custody, care,
therapy, counseling and drug and alcohol screening of minor children or parents
in actions for dissolution of marriage, legal separation and annulment. Access to
records of minor children by noncustodial parent. Parenting education program.
(a) In any controversy before the Superior Court as to the custody or care of minor
children, and at any time after the return day of any complaint under section 46b-45,
the court may at any time make or modify any proper order regarding the education and
support of the children and of care, custody and visitation if it has jurisdiction under the
provisions of chapter 815p. Subject to the provisions of section 46b-56a, the court may
assign the custody of any child to the parents jointly, to either parent or to a third party,
according to its best judgment upon the facts of the case and subject to such conditions
and limitations as it deems equitable. The court may also make any order granting the
right of visitation of any child to a third party, including, but not limited to, grandparents.
(b) In making or modifying any order with respect to custody or visitation, the court
shall (1) be guided by the best interests of the child, giving consideration to the wishes of
the child if the child is of sufficient age and capable of forming an intelligent preference,
provided in making the initial order the court may take into consideration the causes
for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child, and (2) consider whether the party satisfactorily
completed participation in a parenting education program established pursuant to section
46b-69b. Upon the issuance of any order assigning custody of the child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such
order, the court shall make a determination whether the Department of Children and
Families made reasonable efforts to keep the child with his or her parents prior to the
issuance of such order and, if such efforts were not made, whether such reasonable
efforts were not possible, taking into consideration the child's best interests, including
the child's health and safety.
(c) In determining whether a child is in need of support and, if in need, the respective
abilities of the parents to provide support, the court shall take into consideration all the
factors enumerated in section 46b-84.
(d) When the court is not sitting, any judge of the court may make any order in the
cause which the court might make under subsection (a) of this section, including orders
of injunction, prior to any action in the cause by the court.
(e) A parent not granted custody of a minor child shall not be denied the right of
access to the academic, medical, hospital or other health records of such minor child
unless otherwise ordered by the court for good cause shown.
(f) Notwithstanding the provisions of subsection (b) of this section, when a motion
for modification of custody or visitation is pending before the court or has been decided
by the court and the investigation ordered by the court pursuant to section 46b-6 recommends psychiatric or psychological therapy for a child, and such therapy would, in the
court's opinion, be in the best interests of the child and aid the child's response to a
modification, the court may order such therapy and reserve judgment on the motion for
modification.
(g) As part of a decision concerning custody or visitation, the court may order either
parent or both of the parents and any child of such parents to participate in counseling
and drug or alcohol screening, provided such participation is in the best interest of
the child.
(P.A. 73-373, S. 15; P.A. 74-169, S. 8, 18; P.A. 75-530, S. 12, 35; P.A. 77-488, S. 2; P.A. 78-230, S. 27, 54; 78-318,
S. 28; P.A. 80-29; P.A. 81-402, S. 1; P.A. 84-42; P.A. 93-319, S. 3, 4; P.A. 99-137; P.A. 01-186, S. 12; May 9 Sp. Sess.
P.A. 02-7, S. 35; P.A. 03-19, S. 105.)
History: P.A. 74-169 made minor changes in wording; P.A. 75-530 replaced reference to filing date of complaint with
reference to return day of complaint; P.A. 77-488 added provision authorizing court to make orders re visitation rights for
third parties such as grandparents; P.A. 78-230 divided section into Subsecs. and restated provisions; P.A. 78-318 qualified
court's power to make orders re care, custody and visitation by adding "if it has jurisdiction under the provisions of Ch.
815o"; Sec. 46-42 transferred to Sec. 46b-56 in 1979 and references to other sections within section revised as necessary
to reflect their transfer; P.A. 80-29 authorized assignment of joint custody in Subsec. (a); P.A. 81-402 amended Subsec.
(a) to provide that the court is subject to the provisions of Sec. 46b-56a in assigning custody and changed the order of
possible custody assignments so that "to the parents jointly" is listed first, and amended Subsec. (b) to provide that the
court may consider the causes for the dissolution or legal separation if the causes are relevant in a determination of the
best interests of the child; P.A. 84-42 added Subsec. (e) re access of noncustodial parent to academic, medical, hospital or
other health records of minor children; P.A. 93-319 added a provision in Subsec. (b) requiring the court to consider whether
a party has completed a parenting education program when making or modifying a custody or visitation order, effective
January 1, 1994, and applicable to actions pending on, or filed on or after, that date; P.A. 99-137 added Subsec. (f) re order
of psychiatric or psychological therapy for a child if it would be in the best interests of the child and would aid the
child's response to a modification of custody or visitation; P.A. 01-186 added Subsec. (g) re court-ordered participation
in counseling and drug or alcohol screening; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to add provision requiring
the court upon issuance of any order assigning custody of the child to the Commissioner of Children and Families, or not
later than sixty days thereafter, to make a determination whether the Department of Children and Families made reasonable
efforts to keep the child with his or her parents prior to the issuance of such order and, if such efforts were not made,
whether such reasonable efforts were not possible considering the best interests of the child, effective August 15, 2002;
P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003.
Annotations to former section 46-23:
Settlement of child not affected by award of custody. 2 C. 20. Defendant not bound to defray expenses of divorce suit
containing prayer for custody of children. 18 C. 424. Court has continuing jurisdiction over custody, whether child in this
state or elsewhere. 131 C. 690. Refers to children of the marriage. 134 C. 316. Cited. 140 C. 254; 142 C. 558. Where
controversy is between mother and grandparents, the former has prior right to custody. 146 C. 104. Gives court power to
open a judgment after the expiration of the term in which it was rendered. 165 C. 95. Cited. Id., 735. Cited. 168 C. 144.
Court is without jurisdiction to make custodial or support orders for minor children after denying a decree of divorce.
1 CS 149. Where no order for custody of the child was made part of the divorce judgment, there can be no order to "annul
or vary" as the statute provides. 3 CS 352. Cited. 11 CS 248; 16 CS 70; id., 87. Statute relates only to matter of custody
of minor children. 11 CS 398. If no order for the support of minor children is made a part of the divorce judgment, the
court may not pass such an order thereafter. 13 CS 119. Court cannot award custody of husband's illegitimate child to
wife. 14 CS 391. Orders of the superior court with respect to custody and support are incidental to its exclusive jurisdiction
of divorce. 19 CS 372. Cited. 27 CS 296. Cited. 30 CS 49. Appointment of independent counsel is in best interest of a
child where motion made to change order for its custody. 31 CS 340.
Circuit court has no jurisdiction of action to recover payments made for support of minor son to former wife in compliance
with superior court decree of divorce since such support matters are within continuing exclusive jurisdiction of superior
court. 3 Conn. Cir. Ct. 318.
Annotations to former section 46-24:
Court will not take daughter from custody of mother, when child is well cared for, and not liable to be by father. 2 R.
461. Power of court to modify order, even where children have been removed to foreign jurisdiction. 83 C. 479. Jurisdiction
of superior court limited to habeas corpus and orders incidental to divorce decree; distinction between custody of person
and custody of estate. 97 C. 442. To recognize foreign judgment determining custody accords with or public policy. 131
C. 388. Applies only to children of the marriage. Superior court will not interfere with petition for adoption pending before
probate court. 134 C. 312. Cited. 140 C. 254; 142 C. 558. Grants wide discretion and any condition imposed can be assailed
only on abuse of that discretion. 141 C. 235. Plaintiff sought to modify decree granting custody of children to former
husband on the ground that former husband not legally married to his present wife who previously had obtained an Alabama
divorce; held that plaintiff had no standing to question validity of the Alabama divorce unless it was to prove lack of moral
character in present wife because divorce was obtained through fraud or perjury. 148 C. 1. Decree of Florida court re
custody of child is entitled to full faith and credit in this state, and since the Florida court could modify the decree upon
proof that circumstances had materially changed, the courts of this state can so act on similar proof. Id., 255.
Cited. 1 CS 150; 11 CS 398; 20 CS 278. This statute did not give the superior court any original independent jurisdiction
to entertain matters involving custody of minor children apart from that which it already had incident to divorce and in
habeas corpus proceedings. 10 CS 275. Court may award custody of child to defendant who had not asked for it in the
pleadings. 11 CS 246. Aliter. Id., 252. Court cannot award for support to wife for husband's illegitimate child. 14 CS 391.
Superior court has the power to enter an order for support conditioned upon the granting to the defendant of the rights of
visitation to which he may be entitled. 18 CS 20. Orders of superior court with respect to custody and support are incidental
to the jurisdiction over divorce. 19 CS 372. Court refused to entertain habeas corpus proceedings for custody of child (1)
because plaintiff had not exhausted remedies in a juvenile court decision on this issue and (2) because proceedings affecting
the custody of the child were then pending in probate court. 21 CS 73. Fact that superior court originally awarded custody
of a child in a divorce action does not mean that it retains exclusive jurisdiction over custody of the child. Id. Connecticut
court may grant custody of children to a wife whose husband obtained a valid divorce out of state if the court which granted
such divorce could make such an order regarding custody after the time of the divorce. Id., 378. Cited. 28 CS 129.
Circuit court has no jurisdiction of action to recover payments made for support of minor son to former wife in compliance
with superior court decree of divorce since such support matters are within continuing exclusive jurisdiction of superior
court. 3 Conn. Cir. Ct. 318.
Annotations to former section 46-42:
Cited. 171 C. 433, 436, 439. Cited. 172 C. 341, 342. Decision of trial court with respect to custody and care of minor
children must stand unless court has abused its discretion. 173 C. 161, 162. Discussion of ante nuptial agreements relating
to property rights upon dissolution of the marriage. 181 C. 482, 485.
Annotations to present section:
Cited. 177 C. 47, 50. Court has no authority to issue an order of support against a husband as neither the biological or
adoptive parent of the child. 180 C. 114, 117. Court did not exceed its authority by setting aside certain personal property
for the use of the minor children. Id., 528, 532. Cited. 181 C. 622, 628. Cited. 182 C. 545, 549, 553. Restrictions on visitation
rights discussed. 184 C. 36, 41, 47. Cited. 185 C. 275, 291, 293. Until entry of final decree the court has discretion to
modify custody without first finding material change of circumstances since previous award. 186 C. 118, 121, 122. Cited.
Id., 709, 717. Cited. 190 C. 345, 347. Statute read together with Sec. 46b-61 and Sec. 46b-93 provide that it is permissible
under certain circumstances to award child support even though child is not within this jurisdiction. 191 C. 92, 102. Cited.
196 C. 10, 13, 15, 16. Cited. Id., 260, 263, 266. Cited. 201 C. 50, 65. Cited. 212 C. 441, 445. Temporary custody order is
final judgment for purposes of appellate review. Appellate court's dismissal of appeal reversed. 224 C. 749, 750, 755-
758. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 239 C. 336. Trial court had subject matter jurisdiction to order
pendente lite child support, regardless of whether child at issue is considered a "child of the marriage". 248 C. 487.
Cited. 2 CA 472, 477. Cited. 4 CA 94, 96. Cited. 8 CA 50, 56. Cited. 13 CA 300, 303. Cited. 14 CA 296, 303. Cited.
18 CA 622, 628. Cited. 19 CA 146, 153. Cited. 22 CA 802, 803. Cited. 25 CA 693, 699. Cited. 35 CA 421, 425. Cited. 37
CA 397, 401, 404. Cited. 41 CA 716, 718. Cited. 42 CA 583. Cited. Id., 651. Substantial modification of visitation order
requires evidentiary hearing to determine best interest of child. 54 CA 50. Court had sufficient evidence to modify custody
order even without the benefit of prejudgment psychological evaluation of defendant. 61 CA 175. Trial court properly
decided parental relocation with child pursuant to statutory best interest of child standard because the interests and circumstances of the parties at the postjudgment stage differ from those existing at time of the dissolution. 68 CA 173. Central
to courts' review of modifications of custody orders under section is the concept that courts must be guided by best interests
of the child. 72 CA 528. Although both parties to marital dissolution action agreed to unrestricted authority of the arbitrator-attorney for the minor children in the event of a controversy by binding arbitration with no express language restricting
the breadth of issues, no reservation of explicit rights and no contingency for court review, the very limited review runs
afoul of statute which requires that court exercising its equitable jurisdiction re custody assure itself that its judgment will
serve best interests of the child and was an improper delegation of judicial authority. 83 CA 115.
Cited. 35 CS 237, 238. Cited. 41 CS 258, 265. Cited. Id., 429, 433. Does not confer parents, acting as grandparents,
whose son's parental rights have been terminated, the authorization to bring a habeas corpus petition to seek custody of a
grandchild. 47 CS 273.
Subsec. (a):
Cited. 183 C. 353, 355. Cited. 185 C. 249, 251. Cited. 186 C. 118, 121. Cited. 196 C. 260, 262. Cited. 201 C. 50, 65.
Cited. Id., 229, 236. Cited. 207 C. 217, 221.
Joint custody discussed. 5 CA 649, 654, 655. Cited. 7 CA 745, 748. Cited. 14 CA 296, 303. Cited. 25 CA 693, 699.
Cited. 35 CA 421, 429. Cited. 41 CA 861, 864; judgment reversed, see 241 C. 490 et seq. Cited. 43 CA 327.
Subsec. (b):
Court not obligated to interview each child before decision on custody. 178 C. 254, 257. Cited 179 C. 287. Court did
not abuse its discretion by awarding custody to mother in accordance with thirteen-year-old child's wish despite mother's
failure to appear at the hearing. 180 C. 132, 136. While the rights, wishes and desires of the parents must be considered it
is nevertheless the ultimate welfare of the child which must control the decision of the court. Id., 533, 541. Statute which
vests discretion in trial court to determine the best interest of a child in awarding custody without objective guidelines is
not unconstitutionally vague. Id., 705, 709. Neither applicable statutes nor case law recognize any presumption in custody
matters. 181 C. 622, 626, 633. Cited. 183 C. 353, 355. Cited 185 C. 275, 279. Cited. 186 C. 118, 121; Id., 709, 717. Cited.
201 C. 50, 65. Cited. Id., 229, 236, 241. Cited. 207 C. 48, 52, 54. Cited. Id., 217, 221, 226. Cited. 212 C. 63, 77-80. Cited.
224 C. 776, 785, 788, 789. Cited. 235 C. 82, 88. Subdiv. (1) cited. 241 C. 767.
Court must resolve issue of custody in the best interests of the child whatever agreements have been made between the
parents. 1 CA 356, 360. Cited. 5 CA 649, 654, 661. Cited. 14 CA 296, 301. Cited. 23 CA 509, 514. Cited. 24 CA 426, 428.
Cited. Id., 804, 805. Cited. 38 CA 263, 269. Visitation by respondent mother was not in child's best interest when respondent
had not been consistent in maintaining visitation with the child, scheduled visits had not gone well, the child had become
attached to her aunt and uncle, respondent had not related naturally or interacted appropriately with the child and respondent's visits had been upsetting to the child. 63 CA 493.
Cited. 38 CS 37, 40.
Subsec. (c):
Cited. 186 C. 191, 195.
Subsec. (e):
Cited. 201 C. 229, 236.
Sec. 46b-56a. Joint custody. Definition. Presumption. Conciliation. (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.
(P.A. 81-402, S. 2.)
Sec. 46b-56 et seq. cited. 236 C. 582, 593.
Joint custody discussed. 5 CA 649, 654-656, 658, 659. Cited. 25 CA 366, 369. Trial court did not abuse discretion
when giving parent safe discretion re attendance at private school where there was joint custody. 55 CA 18.
Subsec. (a):
Cited. 207 C. 217, 218, 222, 223.
Joint custody discussed. 5 CA 649, 654, 656. Cited. 25 CA 366, 367.
Subsec. (b):
Cited. 195 C. 202, 209. Cited. 207 C. 217, 223.
Joint custody discussed. 5 CA 649, 654, 657, 658. Cited. 25 CA 366, 368.
Subsec. (c):
Joint custody discussed. 5 CA 649, 652, 654, 657. Cited. 25 CA 366, 368.
Sec. 46b-56b. Presumption re best interest of child to be in custody of parent.
In any dispute as to the custody of a minor child involving a parent and a nonparent,
there shall be a presumption that it is in the best interest of the child to be in the custody
of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.
(P.A. 85-244, S. 2, 3; P.A. 86-224; 86-403, S. 81, 132.)
History: P.A. 86-224 added provision re grounds for rebuttal of presumption; P.A. 86-403 made technical changes.
Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 237 C. 233, 236. Cited. 241 C. 767. Statutory presumption rebutted.
Trial court required to determine issue of custody on basis of child's best interest without regard to presumption in favor
of the parent. 244 C. 403.
Cited. 6 CA 707, 711. Cited. 24 CA 402, 405. Cited. Id., 426-429. Cited. 40 CA 675, 676, 681, 682, 684-686.
Cited. 44 CS 169, 183.
Sec. 46b-56c. Educational support orders. (a) For purposes of this section, an
educational support order is an order entered by a court requiring a parent to provide
support for a child or children to attend for up to a total of four full academic years an
institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction. An educational support order may be entered with respect to any child who
has not attained twenty-three years of age and shall terminate not later than the date on
which the child attains twenty-three years of age.
(b) (1) On motion or petition of a parent, the court may enter an educational support
order at the time of entry of a decree of dissolution, legal separation or annulment,
and no educational support order may be entered thereafter unless the decree explicitly
provides that a motion or petition for an educational support order may be filed by either
parent at a subsequent date. If no educational support order is entered at the time of
entry of a decree of dissolution, legal separation or annulment, and the parents have a
child who has not attained twenty-three years of age, the court shall inform the parents
that no educational support order may be entered thereafter. The court may accept a
parent's waiver of the right to file a motion or petition for an educational support order
upon a finding that the parent fully understands the consequences of such waiver.
(2) On motion or petition of a parent, the court may enter an educational support
order at the time of entry of an order for support pendente lite pursuant to section 46b-83.
(3) On motion or petition of a parent, the court may enter an educational support
order at the time of entering an order of support pursuant to section 46b-61 or 46b-171
or similar section of the general statutes, or at any time thereafter.
(4) On motion or petition of a parent, the court may enter an educational support
order at the time of entering an order pursuant to any other provision of the general
statutes authorizing the court to make an order of support for a child, subject to the
provisions of sections 46b-212 to 46b-213v, inclusive.
(c) The court may not enter an educational support order pursuant to this section
unless the court finds as a matter of fact that it is more likely than not that the parents
would have provided support to the child for higher education or private occupational
school if the family were intact. After making such finding, the court, in determining
whether to enter an educational support order, shall consider all relevant circumstances,
including: (1) The parents' income, assets and other obligations, including obligations
to other dependents; (2) the child's need for support to attend an institution of higher
education or private occupational school considering the child's assets and the child's
ability to earn income; (3) the availability of financial aid from other sources, including
grants and loans; (4) the reasonableness of the higher education to be funded considering
the child's academic record and the financial resources available; (5) the child's preparation for, aptitude for and commitment to higher education; and (6) evidence, if any, of
the institution of higher education or private occupational school the child would attend.
(d) At the appropriate time, both parents shall participate in, and agree upon, the
decision as to which institution of higher education or private occupational school the
child will attend. The court may make an order resolving the matter if the parents fail
to reach an agreement.
(e) To qualify for payments due under an educational support order, the child must
(1) enroll in an accredited institution of higher education or private occupational school,
as defined in section 10a-22a, (2) actively pursue a course of study commensurate with
the child's vocational goals that constitutes at least one-half the course load determined
by that institution or school to constitute full-time enrollment, (3) maintain good academic standing in accordance with the rules of the institution or school, and (4) make
available all academic records to both parents during the term of the order. The order
shall be suspended after any academic period during which the child fails to comply
with these conditions.
(f) The educational support order may include support for any necessary educational
expense, including room, board, dues, tuition, fees, registration and application costs,
but such expenses shall not be more than the amount charged by The University of
Connecticut for a full-time in-state student at the time the child for whom educational
support is being ordered matriculates, except this limit may be exceeded by agreement
of the parents. An educational support order may also include the cost of books and
medical insurance for such child.
(g) The court may direct that payments under an educational support order be made
(1) to a parent to be forwarded to the institution of higher education or private occupational school, (2) directly to the institution or school, or (3) otherwise as the court determines to be appropriate.
(h) On motion or petition of a parent, an educational support order may be modified
or enforced in the same manner as is provided by law for any support order.
(i) This section does not create a right of action by a child for parental support for
higher education.
(j) An educational support order under this section does not include support for
graduate or postgraduate education beyond a bachelor's degree.
(k) The provisions of this section shall apply only in cases when the initial order
for parental support of the child is entered on or after October 1, 2002.
(P.A. 02-128, S. 1.)
Sec. 46b-57. (Formerly Sec. 46-47). Third party intervention re custody of minor children. Preference of child. In any controversy before the Superior Court as to
the custody of minor children, and on any complaint under this chapter or section 46b-1 or 51-348a, if there is any minor child of either or both parties, the court, if it has
jurisdiction under the provisions of chapter 815p, may allow any interested third party
or parties to intervene upon motion. The court may award full or partial custody, care,
education and visitation rights of such child to any such third party upon such conditions
and limitations as it deems equitable. Before allowing any such intervention, the court
may appoint counsel for the child or children pursuant to the provisions of section 46b-54. In making any order under this section, the court shall be guided by the best interests
of the child, giving consideration to the wishes of the child if the child is of sufficient
age and capable of forming an intelligent preference.
(P.A. 73-373, S. 17; P.A. 74-169, S. 10, 18; P.A. 78-230, S. 32, 54; 78-318, S. 29; P.A. 03-19, S. 106.)
History: P.A. 74-169 made minor changes in wording and made appointment of counsel for child or children optional
rather than mandatory, substituting "may" for "shall"; P.A. 78-230 restated provisions; P.A. 78-318 qualified court's power
to allow third party intervention and to award custody, etc. to third party by adding "if it has jurisdiction under the provisions
of chapter 815o"; Sec. 46-47 transferred to Sec. 46b-57 in 1979 and references to other sections within provisions revised
as necessary to reflect their transfer; P.A. 03-19 made technical changes, effective May 12, 2003.
Annotations to former section 46-47:
Cited. 174 C. 244, 251.
Cited. 7 CA 720, 725.
Cited. 33 CS 100.
Annotations to present section:
Motion to intervene under statute was barred by absence of controversy; timeliness and "interested third parties"
discussed. 185 C. 502, 504, 505, 507, 508. Cited. 193 C. 393, 404. Former intervention not a requirement to a valid order
of custody. 196 C. 10, 13-16. Cited. 235 C. 82, 88. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 239 C. 336. Cited.
241 C. 767.
Cited. 2 CA 132, 137; judgment reversed, see 234 C. 51 et seq. Cited. 11 CA 43, 46. Cited. 34 CA 129, 137. Cited. 35
CA 421, 425. Cited. 40 CA 675, 679, 686.
Cited. 35 CS 237, 238.
Sec. 46b-58. (Formerly Sec. 46-58). Custody, maintenance and education of
adopted children. The authority of the Superior Court to make and enforce orders
and decrees as to the custody, maintenance and education of minor children in any
controversy before the court between husband and wife brought under the provisions
of this chapter is extended to children adopted by both parties and to any natural child
of one of the parties who has been adopted by the other.
(1963, P.A. 414; P.A. 73-373, S. 31; P.A. 78-230, S. 43, 54.)
History: P.A. 73-373 made no substantive change; P.A. 78-230 made minor changes in wording and deleted reference
to Sec. 46-5h; Sec. 46-58 transferred to Sec. 46b-58 in 1979.
Annotations to former section 46-26a:
Unless child is deemed by law to be a child of the marriage of the plaintiff and the defendant, superior court has not
jurisdiction over the child. 165 C. 665, 669.
Annotations to present section:
Court has no authority to issue an order of support against a husband who was neither the biological or adoptive parent
of the child. 180 C. 114, 117. Sec. 46b-56 et seq. cited. 236 C. 582, 593.
Sec. 46b-59. Court may grant right of visitation to any person. The Superior
Court may grant the right of visitation with respect to any minor child or children to
any person, upon an application of such person. Such order shall be according to the
court's best judgment upon the facts of the case and subject to such conditions and
limitations as it deems equitable, provided the grant of such visitation rights shall not
be contingent upon any order of financial support by the court. In making, modifying
or terminating such an order, the court shall be guided by the best interest of the child,
giving consideration to the wishes of such child if he is of sufficient age and capable of
forming an intelligent opinion. Visitation rights granted in accordance with this section
shall not be deemed to have created parental rights in the person or persons to whom
such visitation rights are granted. The grant of such visitation rights shall not prevent
any court of competent jurisdiction from thereafter acting upon the custody of such
child, the parental rights with respect to such child or the adoption of such child and
any such court may include in its decree an order terminating such visitation rights.
(P.A. 78-69; P.A. 79-8; P.A. 83-95.)
History: P.A. 79-8 added proviso specifying that grant of visitation rights is not contingent upon order for financial
support; P.A. 83-95 deleted provisions re visitation rights of grandparents and permitted court to grant right of visitation
to any person.
See chapter 815j, part III re support of child and spouse and transfer of property.
See chapter 815o re Uniform Child Custody Jurisdiction Act.
Cited. 208 C. 404, 408, 410. Cited. 209 C. 407, 413, 414. Constitutional validity of section not ripe for adjudication
without fact-specific balancing of interests. 214 C. 232, 233, 235, 236, 240. Cited. 217 C. 459, 475. Cited. 234 C. 51, 59.
Sec. 46b-56 et seq. cited. 236 C. 582, 593. Trial court lacked jurisdiction to decide issue of visitation. Court discussed
provisions of section as they related to provisions of Secs. 46b-56 and 46b-57. 239 C. 336. Implicit in statute is rebuttable
presumption that visitation that is opposed by a fit parent is not in child's best interest; for a court to have jurisdiction over
petition for visitation contrary to wishes of a parent and to grant such petition, petition must contain specific, good faith
allegations that petitioner has a relationship with the child that is similar in nature to a parent-child relationship and specific,
good faith allegations that denial of visitation will cause real and significant harm to the child, analogous to the kind of
harm contemplated by Secs. 46b-120 and 46b-129, that child is neglected, uncared-for or dependent, and petitioner must
prove allegations by clear and convincing evidence; statute is unconstitutional as applied to facts in this case. 259 C. 202.
Trial court did not have jurisdiction over petition for visitation pursuant to statute that is contrary to the wishes of a fit
parent in the absence of allegations and proof that plaintiff had a parent-like relationship with the child and that the child
would suffer real and significant harm if deprived of visitation with plaintiff. Id., 240.
Cited. 11 CA 43, 46. An encompassing, not limiting, statute. 17 CA 427-429. Cited. 34 CA 129, 137; judgment reversed,
see 234 C. 51 et seq. Action for abuse of process under statute does not lie. 52 CA 123.
Separation of parties in same sex relationship constituted disruption of family unit and conferred standing upon plaintiff
noncustodial parent to petition for visitation rights with minor child conceived through artificial insemination who had
been jointly raised by coguardian same sex partners. 46 CS 165.