Filing for child custody is an important legal step that ensures your time with your child is protected and enforceable in court. If you are a parent seeking custody of your child for the first time or going through a divorce, understanding how to file for custody of a child in Connecticut should be your top priority. Custody decisions affect where your child lives, how decisions are made, and what role each parent plays moving forward.
Before filing for custody, you should make sure that the state is the proper venue for establishing custody. In many cases, this will be clear if you and your child have resided in the state for a considerable amount of time.
If you are unsure or have recently moved to the state, you can consult with an attorney to confirm which state and county can handle your case. The courts take jurisdiction matters seriously, and failing to address this first step could lead to setbacks.
Based on the 2020 U.S. Census, there were about 736,717 children under 18 living in Connecticut, which is roughly 20% of the state’s population. Hundreds of thousands of kids may be affected by court orders regarding where they live, who makes decisions for them, and how time is shared between parents.
Start by filling out the right forms, including the right applications and appearance forms. These forms tell the court who the child is, where they live, and what custody arrangement you are requesting. Legal custody addresses decision-making rights, while physical custody addresses where the child lives.
Once any court process begins, the other party to the case must be notified about the court proceeding. A process server or law enforcement official can provide the other parent with copies of your court forms. After you receive proof of service, the case can move forward. The other parent will have the right to respond and participate in the court proceedings.
If parents agree on custody, they may submit a proposed parenting plan for the court’s approval. If they don’t agree, a judge will decide based on what’s in the child’s best interests. Judges look at each parent’s ability to provide a safe, stable home and consider factors like emotional bonds.
Custody is a common issue statewide. Cases involving custody often arise during divorce. Connecticut sees about 2.6 divorces per 1,000 residents each year. Custody can also be filed independently when parents are unmarried. Either way, the court’s focus is on stability for the child.
Family courts in Connecticut handle a heavy volume of cases. According to the Connecticut Judicial Branch, 24,056 family law cases (including custody cases) were filed, reopened, or transferred during the 2022–2023 fiscal year, and 25,612 were resolved.
Once the initial hearing is complete, the court may issue temporary orders as the case moves forward. Both parents have the opportunity to come to an agreement on custody, although this process can become complicated if custody is contested.
Mediation can offer one path forward. If both parents agree on custody, a judge can finalize the custody agreement. After that, the parenting plan becomes enforceable in court, and both parents must abide by the terms of that order. If one parent fails to follow the rules laid out in the custody order, the other parent can enforce their rights by going back to court.
Custody decisions in Connecticut are based on what’s right for the child. Courts consider factors like each parent’s relationship with the child, the ability to provide a stable home, and the willingness to co-parent. The goal is to support the child’s physical, emotional, and developmental needs while encouraging strong relationships with both parents whenever possible.
Connecticut does not automatically award 50/50 custody. Shared custody is possible, but the court focuses on what’s in the child’s best interests. Equal time may be granted if both parents are capable, live near each other, and can cooperate. However, if one arrangement better supports the child’s well-being, the court will base custody on those specific circumstances.
Full custody may be granted when one parent is unfit or unable to provide a safe and stable home. Courts look for issues like substance abuse, domestic violence, neglect, or mental health concerns. If shared custody would place the child at risk or create instability, a judge may award sole legal and physical custody to the more capable parent.
Yes. A custody agreement can be modified at a later date. Before a judge agrees to modify an order, they generally want to see that a fair amount of time has passed and that there has been a substantial and material change to the living circumstances of one or both parents. The burden of proving that a modification is needed falls on the parent making that request.
Fathers in Connecticut have equal legal rights as mothers when it comes to custody and visitation. Courts evaluate parenting ability, involvement, and the child’s needs, not gender. If a father has played an active role and can provide a stable environment, he has the right to seek joint or even primary custody based on the child’s interests.
Filing for custody is one of the most important actions a parent can take. At Reich & Truax, PLLC, we understand how deeply these cases affect your family and your future. Our attorneys provide strategic guidance grounded in experience and compassion. Whether you are seeking a fair parenting plan or need to resolve a high-conflict dispute, we are here to help you move forward with confidence. Contact our office today to schedule your consultation.