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Section 46b-61 – (Formerly Sec. 46-62). Orders re children where parents live separately. Filing of accompanying documents

May 15, 2021 | Connecticut, Family Law

(a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where either parent resides may, on the application of either parent and after notice is given to the other parent, make any order as to the custody, care, education, visitation and support of any minor child of the parents, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. An applicant shall file the accompanying documents with the court not later than the first date for which the matter appears on the docket.
(b) As used in this section, “accompanying documents” means documents that establish an existing legal relationship between the parents and the child for whom an application for custody, care, education, visitation and support is made under this section. “Accompanying documents” include, but are not limited to, a copy of a birth certificate naming the applicant and the respondent as the parents of the child, a copy of a properly executed acknowledgment of paternity, a court order or decree naming the legally responsible parents, including adoptive parents, a gestational agreement as defined in section 7-36, documents showing that the minor child was born during the parents’ wedlock or other sufficient evidence within the discretion of the court.

Conn. Gen. Stat. ยง 46b-61

(P.A. 73-373, S. 19; P.A. 74-169, S. 12, 18; P.A. 78-230, S. 46, 54; 78-280, S. 2, 127; P.A. 99-215, S. 4, 29; P.A. 10-32, S. 139; P.A. 18-75, S. 4.)

Amended by P.A. 18-0075, S. 4 of the Connecticut Acts of the 2018 Regular Session, eff. 10/1/2018.
Amended by P.A. 10-0032, S. 139 of the February 2010 Regular Session, eff. 5/10/2010.

Annotation to former section 46-62: Cited. 174 C. 427. Annotations to present section: Subject matter jurisdiction discussed. 184 Conn. 558. Statute, read together with Secs. 46b-56 and 46b-93, provides that it is permissible under certain circumstances to award child support even though child is not within jurisdiction. 191 Conn. 92. Cited. 199 Conn. 287; 207 Conn. 48; 236 Conn. 582. Cited. 3 CA 541; 8 Conn.App. 50; 11 Conn.App. 150; 31 CA 114; 35 Conn.App. 421; 41 Conn.App. 861; judgment reversed, see 241 Conn. 490; 44 CA 605. Superior Court has jurisdiction in custody issues arising from controversies over illegitimate child. 35 Conn.Supp. 237. Cited. 41 Conn.Supp. 429.