What Is the Connecticut Best Interest of the Child Standard?

 

Understand the common factors Connecticut’s judges use when making child custody decisions.

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Connecticut courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Connecticut General Statutes Section 46b-56c which says:

In making or modifying any order  . . . the court shall consider the best interests of the child, and in so doing may consider, but shall not be limited to, one or more of the following factors . . .  

Connecticut law favors awarding shared (joint) parenting responsibilities whenever possible. The goal is to maximize the time that a child gets to spend with each parent, as long as the child is safe with the parent.

How Courts Make Child Custody Decisions in Connecticut

When determining parenting time, Connecticut law requires the court to consider the following factors when deciding what is in the best interest of a child:

  • the child’s temperament and developmental needs
  • the parents’ capacity to understand and meet the needs of the child
  • the child’s wishes and other information provided by the child
  • the parents’ wishes
  • the child’s relationships with parents, siblings, and others who may significantly affect the child’s best interests
  • each parent’s willingness and ability to encourage the child’s relationship with the other parent, including compliance with any court orders
  • whether either parent has engaged in manipulative or coercive behavior in an effort to involve the child in the parents’ dispute
  • each parent’s ability to be actively involved in the child’s life
  • the child’s adjustment to home, school, and community
  • how long the child has lived in a stable and satisfactory place and the importance of continuity, though the court may consider whether a parent has voluntarily left the child’s family home to alleviate stress in the household
  • the stability of the child’s existing and proposed residences
  • the mental and physical health of everyone involved, except that a parent’s disability won’t determine custody unless the proposed custody arrangement is not in the best interests of the child
  • the child’s cultural background
  • domestic violence or child abuse, and
  • participation in a parenting education program established under Connecticut law.

Connecticut judges have a lot of flexibility to establish a custody arrangement based on the best interest of the child. In addition to the factors listed above, the court may consider any other factors the judge finds relevant to the child's best interest.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Connecticut. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Connecticut Statutes Section 46b-56. In addition, the State of Connecticut Judicial Branch publishes a guide called Best Interest of the Child Standard in Connecticut, which you will probably find helpful.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Colorado law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Connecticut

Finding your local family court. In Colorado, family law cases are handled in the county district courts. Be sure to take advantage of the self-help resources your court offers.

Connecticut Family Law Court for New Haven County


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Jurisdictional relevance: ST

There are versions of this article for each State.