Divorce Connecticut Custody

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Divorce Connecticut Custody and UCCJEA

This state has embraced the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

As per this Act, a person can file for child custody solely in the home state of the child. The home state of a child is defined as a state in which

• The child has resided with an individual acting as a parent or the biological parent for minimum 6 consecutive months
• If the age of the child is less than 6 months, then the state in which the child has resided since birth

If the parent and his/her child have recently relocated to a new state, it is not feasible to file for custody in that state unless the requirement of 6 months residency is fulfilled. Till this duration is complete, the other parent can initiate action for custody in a state wherein the child has most recently resided for minimum 6 months.

The home state statute has some exclusion. It is permitted that in some cases; it is possible to file in a state wherein minimum 1 parent and the child have considerable connections. However, generally this is permissible when there is no home state or the home state has acceded to allow another state to have the jurisdiction. This is rather complex to digest and the divorce lawyer can precisely guide the client in this regard.

A parent is permitted to file for temporary emergency custody in a state which is not the home state in the following cases.

• The child has been deserted by the parents or there is an emergency to safeguard the child as the parent or sibling or the child is threatened or a victim of abuse or mistreatment, and
• The child is present in that state

Relocation of parents in Divorce Connecticut Custody

Connecticut passed a set of statutory guidelines pertinent to relocation of custodial parents that were effective from 1st October 2006. As per this revised statute, the court needs evidence regarding the following.

• The relocation is for a legitimate objective
• The proposed location is reasonably chosen to fulfill this objective
• The relocation is in the best interest of the child

A single factor is never dispositive and some of the factors pondered over by the court are as follows.

• Financial situation
• Kinship
• Religious compatibility
• Reasons for past relinquishment
• Any impairment in playing the role of a parent
• Capacity to offer personal care instead of a surrogate one
• Duration and depth of desire for custody
• Emotional stability
• Moral character
• Whether the child is well adjusted and happy in the present arrangement? If yes, can it be continued?
• Strength of bonding
• Keeping siblings together
• Whether one parent is frequently absent from home or has an unpredictable travel schedule?
• Which parent performs the following
  • Takes the child to the doctor
  • Arranges play dates
  • Remains present at teacher conferences
  • Takes the child to school
• Who is the child's closer psychological parent?

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