How to file for Custody in Connecticut

In this article we’ll walk you through how to file for custody in Connecticut. We understand that navigating the process of filing for custody in Connecticut can seem like a complex journey, filled with legal procedures and unfamiliar terminology. However, with the right guidance, understanding the essential steps can become much more manageable. This is why we are breaking down the key information you need to know to successfully file for custody in Connecticut.

Summary: To file for child custody in Connecticut, you will need to file with the court and give to the other party: the custody petition, an order to attend the hearing and notice to respondent, a notice of automatic orders, an affidavit concerning children, and an appearance.

A. Preparing the Custody Petition

To start the process to file for custody in Connecticut, you’ll need to complete five forms. We’ll refer to these forms as the custody petition, which include:

1. A custody application;
2. An order to attend hearing and notice to respondent;
3. A notice of automatic orders;
4. An affidavit concerning children; and
5. An appearance.
6. Application of Waiver of Fees (Optional if you cannot afford court fees)

These forms may be found on the Connecticut judicial branch website.

1. Custody Application

There are two forms for the custody application, depending on whether the applicant is the child’s parent or a grandparent or other third-party. You as the filer are the petitioner. The person you want to take to court is the respondent.

Custody Application for Parents

Application for Grandparents & Third Parties

What Should be Included in the Custody Application in Connecticut

The custody application should include:

1. The child’s name and date of birth;
2. The child’s parents’ and legal guardians’ names; and
3. Facts that will give the court jurisdiction to handle the case.

Jurisdiction in Custody Cases in Connecticut

A family court can handle your case (has jurisdiction) when either of the following conditions are met:

• The children live in Connecticut as their primary residence when the custody application is filed; or
• The children have lived in Connecticut for the past 6 months, or from birth if the children are younger than 6 months old; or
• The children lived in Connecticut for at least 6 months, but were taken from Connecticut less than 6 months ago by someone who claims to have custody of the child, and a parent or guardian still lives in Connecticut; or
• The children and at least 1 parent have a significant connection to Connecticut and there’s substantial evidence in Connecticut about the children’s care, protection, training, and personal relationships; or
• The children are currently in Connecticut and have been abandoned, or there’s an emergency affecting the children’s well-being; or
• Another state isn’t interested in handling the case and it’s in the children’s best interest for a court in Connecticut to handle the case.

Docket Number in Custody Cases in Connecticut

Your case will be given a docket number after you file your documents, so it is okay to leave that space blank for the first documents that you file.

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2. Notice and Order to Show Cause / Order to Attend Hearing

The order to show cause and notice lets the person being sued know that he or she is being sued and tells the person when and where to show up to court. You must serve, typically by using a marshal, the person being sued with the order to show cause and notice.

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3. Automatic Orders

The automatic orders put rules in place that both parties must follow while the court decides the case. For example, depending on whether a prior court order exists, you and the person you’re suing have to follow the following rules:

• Neither party should take the child out of Connecticut without written consent from either party or a court order;
• Anyone leaving the family residence should tell the other person, within 48 hours of moving out, where the other person can communicate with the person who left;
• The children’s parents should help their children have contact with both parents if the parents do not live together; and
• The parties must participate in a parenting education program within 60 days from the date the application was filed.

If a prior court order exists, that order will affect which of the rules are applicable.

Return Date

The return date is any date on a Tuesday that is used as the date to countdown when other documents are due. For example, the Notice of Automatic Court Orders states that the respondent’s appearance is due 30 days after the return date.

4. Affidavit Concerning Children

The affidavit concerning children form asks you for information from the last five years about the child whom you want custody of. You have to swear that the information you wrote in the form is true. So you’ll have to wait until you’re in front of a clerk, notary public, or attorney to sign the form.

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5. Appearance

If you are electronically filing your documents, which is recommended, then an appearance cannot be uploaded in the e-filing system. You will have to file your appearance in the e-filing system.

Read More: How to Electronically File Court Documents in Connecticut

If you are filing your documents in person, then Form JD-CL-12 is the form used to file an appearance.

6. Application of Waiver of Fees

If you can’t afford the filing fee or service fee, the court might decide that you don’t have to pay them. Instead of you covering the costs, the state will take care of them if you are “indigent.” The court will assume that you are indigent if you receive public assistance or if the money you have left after taxes, necessary deductions, childcare costs, and other expenses is 125% or less of the federal poverty level.

The law explaining how to get the fee waiver approved can be found at Conn. Gen. Stat. § 52-259b.

B. Serving the Custody Papers

The papers you need to submit to initiate the child custody process must be given to a state marshal, who will then serve the other party (the respondent). There is a fee for this service. You need to pay this fee unless the court finds that you do not make enough money to pay the fee.

After the papers are delivered, you must either submit the original documents online or take them back to the Clerk’s office for submission. The State Marshal will provide you with proof that the papers have been served, you have to submit this too. If the court has waived your fee requirement, include the Application for Waiver of Fees/Appointment of Counsel form along with your other documents. Make sure to keep copies of all your paperwork before submitting them

C. The Hearing

After the custody petition is filed, the court will set a date for a hearing. The custody hearing should typically be scheduled within 30 days after the petition is filed. However, since Covid, it may take longer than 30 days to schedule the hearing date. At the hearing, the other party will have the chance to tell the court why the custody petition should or should not be granted.

Additional Help

If you have more questions about how to file for custody in Connecticut, you can ask us a question anonymously below or at our Ask Justice Column.

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