Connecticut: Filing for Custody (With or Without Divorce)

Opening a case is the first step toward getting a court order on how you must parent your child.

The initial forms described here are valid throughout Connecticut.

Before you start

This basic information will help you prepare to file a case about custody of your child.

Who can seek custody: Legal parents can seek custody and visitation in Connecticut courts. (Nonparents, including grandparents, can seek third-party visitation or become a child's guardian.)

How long you must live in-state: If you're divorcing, one of you must live in-state for 12 months before your divorce can be finalized; or if you moved out-of-state, you'll need to return with the intent of living in Connecticut permanently or show that your marriage broke down in Connecticut. If you're unmarried, the court will address custody if your child has lived in-state for six months.

Your roles in the case: Even if you're cooperating when you open the case, one of you must be the plaintiff (aka petitioner or applicant) and the other the defendant (aka respondent).

How much you'll pay: It costs $350 to file for divorce or separation or $360 to file for custody if you're not married to the other parent. The plaintiff also pays about $75 to serve papers. Your case is likely to have other costs down the line, especially if you're arguing.

Where to file: File in your Connecticut judicial district. This will typically be the district where one of you currently lives.

Whether to seek legal help: You can represent yourself in court. However, especially if you have disagreements with the other parent, it's wise to hire a lawyer. Some people open a case on their own and hire a lawyer later.

Completing initial paperwork

Most local Connecticut courts have a court service center where someone can help you find the correct forms, print or scan them, or have them notarized. E-filing is optional, and the service center can assist you with that too.

Eventually, each of you must submit financial information for child support, and it's a good idea to propose a parenting plan and custody schedule (separately or together) — but you don't need to have all this ready when you open a case.

If you're divorcing

Be aware that you'll need to state your ground for divorce. A no-fault divorce is when one or both of you tell the court that your marriage is irretrievably broken. A fault divorce is when one spouse proves to the judge that the other has done something wrong (e.g., sexual infidelity or alcohol abuse).

To file for divorce with a minor child in Connecticut, begin by filling out:

• Summons Family Actions
• Divorce Complaint or Legal Separation Complaint
• Affidavit In Support of Entry of Divorce Judgment (Each of you completes one.)
• Notice of Automatic Court Orders
• Certification of Notice in Family Cases (Public Assistance) (if either of you has ever received public assistance)
• Appearance (Leave it blank and serve it to the other parent.)

If you don't yet have a full agreement, your case is contested. The forms you need will depend on your argument, which will become clearer as your case progresses. At this early stage, you should also complete:

• Motion for Orders Before Judgment (Pendente Lite) in Family Cases (if you seek a temporary order)

You'll need forms for child support and other financial matters:

• Financial Affidavits (Each of you completes one.)
• Worksheet for the Connecticut Child Support and Arrearage Guidelines
• Advisement of Rights Re: Income Withholding

If you have a full agreement, you may seek an uncontested hearing. Fill out:

• Caseflow Request (JD-FM-292)

If you don't need a hearing and have a full agreement, submit these to allow your case to wrap up:

• Dissolution Agreement (Attach your parenting plan.)
• Certification of Waiver of Service of Process
• Affidavit Concerning Children
• Parenting Education Program — Order, Certificate and Results (Each of you completes one. The provider of the program will file it with the court.)
• Request for Approval of Final Agreement Without Court Appearance

If you're not married

To file for custody in Connecticut, you'll need evidence (like your child's birth certificate) to prove that you're a legal parent.

You'll fill out brief forms:

• Custody/Visitation Application: Say why your case belongs in a Connecticut court and what kind of legal and physical custody you're seeking.
• Order to Show Cause and Notice to the Respondent: Provide contact information for yourself and the other parent. The court will write in a date when you must both appear.
• Notice of Automatic Court Orders: An informational sheet about how to behave while your case is ongoing, like not terminating your child's health insurance. There's nothing to fill out; just serve it to the other parent.
• Affidavit Concerning Children: Say where and with whom your child has been living.
• Appearance: Provide your own contact information.

You'll need forms for child support:

• Financial Affidavits (Each of you completes one.)
• Worksheet for the Connecticut Child Support and Arrearage Guidelines
• Advisement of Rights Re: Income Withholding

If you have a full agreement, you may seek an uncontested hearing. Fill out:

• Caseflow Request (JD-FM-292)

If you don't need a hearing and have a full agreement, submit these to allow your case to wrap up:

• Custody Agreement and Parenting Plan (or submit a more thorough parenting plan made with Custody X Change)
• Affidavit In Support of Custody Judgment Entry (Each of you completes one.)
• Request for Approval of Final Agreement Without Court Appearance

Serving the other parent and responding to service

Service means formally presenting legal papers to make someone aware of a court case involving them. The plaintiff pays for the initial papers to be served to the respondent. If you're divorcing, the defendant can waive service — but not if you're unmarried.

In Connecticut, only marshals can serve papers, and they stop by the court every day to pick up and drop off documents. The local court will give you the information you need to arrange service.

The court will assign a return date, which is the date by which the defendant must answer the complaint or application in writing. (For example, to respond to a divorce complaint, the defendant files a Dissolution Answer and Appearance. The court can explain what forms it requires.) The return date is usually a few weeks from the date of service.

Legal help in Connecticut

CTLawHelp
Free legal help for low-income people

Connecticut Bar Association
A directory of lawyers to hire at their standard rate, and an opportunity to submit specific questions to seek free legal advice

Law Library
Information so you can do your own legal research

Safe Connect
Domestic violence information, resources and assistance

The Children's Law Center
Legal representation for low-income children whose parents are in high-conflict cases

CT Judicial Branch — accommodation for disabilities
Disability accommodations

Preparing for what comes next

Apart from a required parenting class, the next step in the Connecticut court process for parents who haven't reach agreement is a conference called a Resolution Plan Date.

You should arrive with thorough, organized proposals.

The Custody X Change online app offers custom custody calendars and a parenting plan template so you can present your suggestions clearly.

Be prepared for every step of your case with Custody X Change.