Connecticut General Statutes/Title 46b/Chapter 815j/Section 46b-61

CGS § 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.

Short History

(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.)

Long History

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.

Citations

Annotation to former section 46-62:

Cited. 174 C. 427.

Annotations to present section:

Subject matter jurisdiction discussed. 184 C. 558. Statute, read together with Secs. 46b-56 and 46b-93, provides that it is permissible under certain circumstances to award child support even though child is not within jurisdiction. 191 C. 92. Cited. 199 C. 287; 207 C. 48; 236 C. 582.

Cited. 3 CA 541; 8 CA 50; 11 CA 150; 31 CA 114; 35 CA 421; 41 CA 861; judgment reversed, see 241 C. 490; 44 CA 605.

Superior Court has jurisdiction in custody issues arising from controversies over illegitimate child. 35 CS 237. Cited. 41 CS 429.

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