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Section 46b-115m – Modification of custody determination of another state

May 15, 2021 | Connecticut, Family Law

(a) Except as otherwise provided in section 46b-115n, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivisions (1) to (4), inclusive, of subsection (a) of section 46b-115k and one of the following occurs:

(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under a provision substantially similar to section 46b-115l;
(2) a court of another state determines that a court of this state would be a more convenient forum under a provision substantially similar to section 46b-115q; or
(3) a court of this state or another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state.
(b) Notwithstanding the provisions of this chapter, a court of this state may modify a child custody determination made by a court of another state if:

(1) The child resides in this state with a parent;
(2) the child has been, or is under a threat of being, abused or mistreated by a person who resides in the state which would have jurisdiction under the provisions of this chapter; and
(3) the court of this state determines that it is in the child’s best interest to modify the child custody determination.

Conn. Gen. Stat. ยง 46b-115m

( P.A. 99-185, S. 14, 40.)

Subsec. (b): Federal Parental Kidnapping Prevention Act preserves to the state that initially enters a child custody determination that is valid under its own law and is consistent with the PKPA the sole prerogative to modify that determination, as long as any modification would also be valid under its own law and either the child or a contestant continues to live in the state. 97 CA 46.