Adoption of child, § 8

Adult child, duty to support, § 3

Age of parent, § 4

AIDS, § 4

Artificially conceived child, duty to support, § 3

Balancing test, § 7b

Care of child, § 1

Child Support Guidelines, § 3

Child support order, § 3

Clear and convincing evidence, § 7c

Clear and convincing test, § 7a

Closed hearings, § 4

Compelling disclosure of putative father, § 2

Competency hearing, § 7b

Constitution issues,

Father, § 1

Mother, § 2

Contempt, motion for, §§ 4, 5

Counsel, right to (TPR), § 7b

Custody, § 4

Death of parent, effect on rights of surviving parent, § 1

Drug use by parent, § 4

Due process, § 7a

Duty to support children, § 3

Equal protection of the law (TPR), §§ 7a, 7d

Ex parte orders, § 4

Family Relations Office, § 4

Father (definition), § 6

Fathers, unmarried, rights of§ 1

Fourteenth amendment (U.S. Constitution), § 7a

Grandparents (adoption), § 8

Hearing, right to, § 1

Joint guardians of person of  the minor, Title page

Liberty interest, Title page

Maintenance (definition), § 3

Marital presumption, Table 1

Medical care, child, § 3

Mental health of parent, § 4

Mother (definition), § 6

Mothers, unmarried, rights of § 2

Necessities, child support, § 3

Non-cohabiting parent, § 2

Notice (TPR), right to, §§ 1, 7e

Opportunity to be heard (TPR), § 7e

Parent (definition), § 6

Parent as guardian, § 6

Pendente lite orders, §§ 4, 5

Presumption re best interest of child to be in custody of parent, § 6

Privacy of family, § 1

Proof, standard of (TPR), § 7c

Relative (definition), § 8

Remaining parent in TPR, Table 2

Retroactive child support, § 3

Rights

Father, § 1

Mother, § 2

Smoking, § 4, 5

Standby guardian, § 6

Support of children, § 3

Termination of parental rights (TPR), § 7

Visitation, § 5

SCOPE:

Bibliographic resources relating to parental rights and status of fathers in paternity, termination of parental rights, adoption, custody, and visitation actions. Includes right to notice and counsel.

DEFINITIONS:

·          “The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. §45a-606 (2001)

STATUTES:

·         Conn. Gen. Stat. (2005)  

§ 45a-606. Father and mother joint guardians.

§ 46b-61. Orders re children where parents live separately

§ 46b-215. Relatives obliged to furnish support, when. Orders.

COURT RULES

·         Connecticut Practice Book (2005 Ed. ) 

Chapter 25 Superior Court - Procedure in Family Matters

§ 25-3. Action for custody of minor children

§ 25-4. Action for visitation of minor child

CASES:

·         U.S. Supreme Court

n       Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.ed.2d 49, 58 (2000). "Accordingly, so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent's children."

n       Stanley v. Illinois, 405 U.S. 645, 658, 92 S. Ct. 1208, 31 L.Ed. 2d 551 (1972).  “The State of Illinois assumes custody of the children of married parents, divorced parents, and unmarried mothers only after a hearing and proof of neglect. The children of unmarried fathers, however, are declared dependent children without a hearing on parental fitness and without proof of neglect. Stanley’s claim in the state courts and here is that failure to afford him a hearing on his parental qualifications while extending it to other parents denied him equal protection of the laws. We have concluded that all Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody.”

n       Caban v. Mohammed, 441 U.S. 380, 99 S.Ct. 1760, 60 L.Ed. 2d 297 (1979).

n       Quilloin v. Walcott, 434 U.S. 246, 98 S.Ct. 549, 54 Led.2d 511 (1978).

n       Lehr v. Robertson, 463 U.S. 248, 266-267, 103 S,Ct. 2985, 77 L.Ed. 2d 614 (1983).  “the existence or nonexistence of a substantial relationship between parent and child is a relevant criterion in evaluating both the rights of the parent and the best interests of the child . . . . We therefore found that a Georgia statute that always required a mother’s consent to the adoption of a child born out of wedlock, but required the father’s consent only if he had legitimated the child, did not violate the Equal Protection Clause . . . . We have held that these statutes may not constitutionally be applied in that class of cases where the mother and father are in fact similarly situated with regard to their relationship with the child.”

·         Connecticut

q       Roth v. Weston, 259 Conn. 202, 205, 789 A. 2d 431 (2002). “We conclude that the statute is unconstitutional as applied to the extent that the trial court, pursuant to the statute, permitted third party visitation contrary to the desires of a fit parent and in the absence of any allegation and proof by clear and convincing evidence that the children would suffer actual, significant harm if deprived of the visitation.”

q       Weidenbacher v. Duclos, 234 Conn. 51, 661 A.2d 988 (1995).

 See Table 1

WEST KEY NUMBER:

·         Children out-of-wedlock

# 20  Custody

# 21-23  Support

# 30-79  Paternity proceedings

ENCYCLOPEDIAS:

·         41 Am Jur 2d  Illegitimate Children (1995).

§ 91. Support, duty of putative father

§ 99. Custody, rights of father

§ 100. Visitation, rights of father

·         Robin Cheryl Miller, Annotation, Right Of Putative Father To Visitation With Child Born Out Of Wedlock, 58 ALR5th 669 (1998).

·         Russell G. Donaldson, Annotation, Natural Parent’s Parental Rights As Affected By Consent To Child’s Adoption By Other Natural Parent, 37 ALR4th 724 (1985).

·         Annotation, Comment Note—Right Of Natural Parent To Withdraw Valid Consent To Adoption Of Child, 74 ALR3d 421(1976).

·         W.E. Shipley, Annotation, Woman’s Right To Have Abortion Without Consent Of, Or Against Objections Of, Child’s Father, 62 ALR3d 1097 (1975).

·         W.E. Shipley, Annotation, Death Of Putative Father As Precluding Action For Determination Of Paternity Or For Child Support, 58 ALR3d 188 (1974).

·         Thomas J. Goger, Annotation, Rights Of Putative Fathers To Custody Of Illegitimate Child, 45 ALR3d 216 (1972).

·         Annotation, Necessity Of Securing Consent Of Parents Of Illegitimate Child To Its Adoption, 51 ALR2d 497 (1957).

TEXTS & TREATISES:

·         8A Arnold H. Rutkin et al., Connecticut Practice Series, Family Law And Practice with Forms (2d ed. 2000).

 Chapter 47. Property rights and agreements between unmarried cohabitants

·         5 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2005).

Chapter 30  Rights of putative fathers to custody and visitation

§ 30.02. The putative father’s standing to seek custody of his child

§ 30.03. Rights of the putative father vs. the natural mother

§ 30.04. Rights of the putative father vs. a non-parent

§ 30.05. Rights of the putative father to visitation

§ 30.06. Right of the putative father to have his child bear his surname

·         2 Disputed Paternity Proceedings (2005).

Chapter 27. The rights of putative fathers

§ 27.02  The constitutional foundation

§ 27.03. The constitutional implications of the protections of putative fathers and the extent of those rights in particular cases

[2]. Paternity actions

[3]. Custody and visitation

[4]. Adoptions, terminatioin of parental rights, and notice issues

·         1 Joan Heifetz Hollinger et al. Adoption Law & Practice (2001).

§2.04[2]. Status of unwed fathers in adoption proceedings

[a] The traditional rule

[b] Recent constitutional cases extending rights to unwed fathers

[c] Determining the need for consent from unwed fathers

COMPILER:

Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560.

Marital Presumption of Legitimacy in Connecticut

Definition

a "presumption of legitimacy," . . . postulates that a child born in wedlock is presumed to be a legitimate child of the mother and her husband. Weidenbacher v. Duclos, 234 Conn. 51, 68-69, 661 A.2d 988 (1995)

Rebuttable

“. . .we have held that this presumption may be rebutted by a person who presents clear, convincing and satisfactory evidence that the mother's husband is not the child's natural father . . . . Indeed, we have not limited or restricted in any way the class of persons who may present such proof and thereby overcome the presumption.” Ibid, p. 69.

Not a per se bar

“In sum, there is no persuasive reason today to deny the putative father of a child born in wedlock the opportunity to rebut the presumption of legitimacy. Accordingly, we hold that the mere fact that a child was born while the mother was married is not a per se bar that prevents a man other than her husband from establishing standing to bring an action for a writ of habeas corpus for custody of or visitation with a minor child.” Ibid., pp. 73-74.

“In deciding whether the putative father has standing, the trial court, on the basis of all the evidence before it, must determine whether the putative father has established that his interests and the best interests of the child outweigh those of the marital family unit.” Ibid., pp. 76-77

Twofold task

“In accordance with our precedents, the petitioner has a twofold task ahead. First, he must prove, by clear and convincing evidence, that he is the biological father  . . . . Second, the petitioner must prove to the trial court that it is in the best interests of  . . . [the child] that he be awarded custody or visitation. Ibid., p.78

SCOPE:

Bibliographic resources relating to parental rights and status of mothers in paternity actions.

DEFINITIONS:

·          “The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. § 45a-606 (2001)

·          "Once alleged parental rights of the father have been adjudicated in his favor under subsection (b) of this section, or acknowledged as provided for under section 46b-172, his rights and responsibilities shall be equivalent to those of the mother, including those rights defined under section 45a-606." Conn. Gen. Stat. § 46b-172a(g) (2001) (emphasis added).

·          Compelling disclosure of putative father. Institution of action: “If the mother of any child born out of wedlock, or the mother of any child born to any married woman during marriage which child shall be found not to be issue of the marriage terminated by a decree of divorce or dissolution or by decree of any court of competent jurisdiction, fails or refuses to disclose the name of the putative father of such child under oath to the Commissioner of Social Services, if such child is a recipient of public assistance, or otherwise to a guardian or a guardian ad litem of such child, such mother may be cited to appear before any judge of the Superior Court and compelled to disclose the name of the putative father under oath and to institute an action to establish the paternity of said child.” Conn. Gen. Stat. § 46b-169(a) (2005).

STATUTES:

·         Conn. Gen. Stat. (2005)  

§ 45a-606. Father and mother joint guardians.

§ 46b-61. Orders re children where parents live separately

§ 46b-160. Petition by mother or expectant mother

§ 46b-169. Compelling disclosure of name of putative father. Institution of action

§ 46b-215. Relatives obliged to furnish support, when. Orders.

COURT RULES

·         Connecticut Practice Book (2005 ed.) 

Chapter 25 Superior Court - Procedure in Family Matters

§ 25-68. Right to counsel in State initiated paternity actions

CASES:

·        Stevens v. Leone, 35 Conn. Supp. 237, 239-240, 406 A.2d 402 (1979). "It seems obvious from the remarks of the chairman of the house judiciary committee at the time that the amendment [Conn. Gen. Stat. § 46b-61] was introduced that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage."

DIGESTS:

·         ALR Index: Legitimacy of children

·         ALR Digest: Children Out-of-Wedlock

·         Connecticut Family Law Citations: Paternity

WEST KEY NUMBER:

·         Children out-of-wedlock

# 20  Custody

# 21-23  Support

# 30-79  Paternity proceedings

ENCYCLOPEDIAS:

·         41 Am Jur 2d  Illegitimate Children (2005).

§ 97. Rights of mother, generally

§ 98. —Loss of mother’s right

·         14 C.J.S. Children Out-Of-Wedlock (1991).

§ 34. Custody in general

§ 35. Parent and nonparent

§ 36. Change of custody between parents

§ 37. Mother

·         David M. Holliday, Annotation, Paternity Proceedings: Right To Jury Trial, 51 ALR4th 565 (1987).

·         Annotation, Natural Parent’s Parental Rights As Affected By Consent To Child’s Adoption By Other Natural Parent, 37 ALR4th 724

·         Annotation, Right Of Natural Parent To Withdraw Valid Consent To Adoption Of Child, 74 ALR3d 421

·         Annotation, Necessity Of Securing Consent Of Parents Of Illegitimate Child To Its Adoption, 51 ALR2d 497 (1957).

·         Cause Of Action On Behalf Of Child Or Mother To Establish Paternity, 6 COA2d 1 (1994).

Plaintiff's case for paternity

§ 4. Generally

§ 5. Mother's sexual intercourse with defendant

§ 6. ¾Intercourse during period of child's conception

§ 7. Absence of intercourse with other men

§ 8. Child's biological affinity to defendant

TEXTS & TREATISES:

·         8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000).

 § 42.2. Rights of Unmarried or Non‑cohabiting Parents

·         5 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2005).

Chapter 30. Rights of putative fathers to custody and visitation

§ 30.03  Rights of the putative father vs. the natural mother

·         2 Disputed Paternity Proceedings (2005).

Chapter 27. The rights of putative fathers

§ 27.02  The constitutional foundation

§ 27.03 Adoption, termination of parental rights, paternity, custody and visitation. Right to notice. Right to counsel.

·         1 Adoption Law & Practice (2004).

§ 2.04[2].  Status of unwed fathers in adoption proceedings

PAMPHLETS:

·         Establishing Paternity: Questions and Answers for Dads

http://www.dss.state.ct.us/pubs/patdad.pdf 

LAW REVIEWS:

·         Aviam Soifer, Parental Autonomy, Family Rights and The Illegitimate: A Constitutional Commentary, 7 Connecticut Law Review 1 (1974).

COMPILER:

Lawrence Cheeseman , Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560.

SCOPE:

Bibliographic resources relating to the duty of an unmarried parent to support child including child who are adopted.

DEFINITIONS:

·         “The independent nature of a child’s right to parental support was recognized by this court long before that right was codified in our statutes.” Guillev v. Guillev, 196 Conn. 260, 263, 492 A.2d 175 (1985).

·         Child support order “does not operate to crystallize or limit the duty of the parent to support his minor child, but merely defines the extent of the duty during the life of the order.” Rosher v. Superior Court, 71 P.2d 918.

·         Maintenance. “Under General Statutes . . . [§] 46b-84, the court is authorized to make orders regarding the maintenance of the minor children of the marriage. The word ‘maintenance’ means ‘the provisions, supplies, or funds needed to live on.’ Webster, Third New International Dictionary. It is synonymous with support . . . . Such orders may be in kind as well as in money.” Valente v. Valente, 180 Conn. 528, 532, 429 A.2d 964 (1980).

STATUTES:

·         Conn. Gen. Stat. (2005) 

§ 46b-56. Superior court orders re custody and care [as amended by 2005 Conn. Acts 258 § 3]

§ 46b-58 Custody, maintenance and education of adopted children

§ 46b-61. Orders re children where parents live separately

§ 46b-215. Relatives obliged to furnish support, when. Orders.

CASES:

·         Unkelbach v. McNary, 244 Conn. 350, 357, 710 A.2d 717 (1998). “The [Child Support] guidelines are predicated upon the concept that children should receive the same proportion of parental income that they would have received had the family remained intact . . . . Toward that end, the guidelines are income driven, rather than expense driven.”

·         State v. Miranda, 245 Conn. 209, 222, 715 A.2d 680 (1998). “It is undisputed that parents have a duty to provide food, shelter and medical aid for their children and to protect them from harm.”

·         Delahunty v. Massachusetts Mutual Life Insurance Co., 236 Conn. 582, 602, 674 A.2d 1290 (1996). "Child support is based on the duty of the parents to maintain their minor children and is determined by a variety of factors including, but not limited to, the needs of the child and level of income of the parents."

·         In Re Bruce R., 234 Conn. 194, 209, 662 A.2d 107 (1995). “Connecticut child support legislation clearly evinces a strong state policy of insuring that minor child receive the support to which they are entitled.”

·         Timm v. Timm, 195 Conn. 202, 207, 487 A.2d 191 (1985). “It is further recognized that an order for the support of minor children is not based solely on the needs of the children but takes into account what the parents can afford to pay.”

·         Sillman v. Sillman, 168 Conn. 144, 358 A.2d 150 (1975). Support and the age of majority.

DIGESTS:

·         Dowling’s Digest: Parent and Child § 5. Liability of Parent. Support.

·         Cynthia C. George and Thomas D. Colin. Connecticut Family Law Citations:

CHILD SUPPORT, alteration, change, or amendment”

—Parents

WEST KEY NUMBERS:

·         Parent & Child  # 3.1. Support and education of child. Rights, duties and liabilities in general

(2)     Father, duty to support

(3)     Mother, duty to support

ENCYCLOPEDIAS:

·         59 Am Jur 2d Parent and Child (2002).

§§ 45-78. Support and maintenance of child, in general; Liability for expenses regarding child

§ 55. Obligations of respective parents

§ 56. —Father of child artificially conceived

§ 57. —When one parent fraudulently misrepresents facts regarding sterility or birth control

§ 58. —Effect of parent's death; mother as surviving parent

§ 59. Liability of parent separated from child

§ 60. —When separation by act of other parent

§ 61. —When separation by act of child

§ 62. —When separation by judicial decree

Liability of parents for necessities of child

§ 66. Generally

§ 67. Child living apart from parent

§ 68. Medical and dental services

Liability of parents for particular types of expenses

§ 69. Education

§ 70. —Amount and kind; higher education

§ 71. Medical and dental care

§ 72. Funeral expenses

Rights and duties of parent as to adult child

§ 76. Generally

§ 77. Support of adult child

§ 78. —Child unable to support self

·         Jeffrey W. Santema, Liability Of Father For Retroactive Child Support On Judicial Determination Of Paternity, 87 ALR5th 361 (2001).

·         Marjorie A. Caner, Annotation, Support Provisions Of Judicial Decree Or Order As Limit Of Parent's Liability For Expenses Of Child, 35 ALR5th 757 (1996).

·         Anne M. Payne, Annotation, Parent's Child Support Liability As Affected By Other Parent's Fraudulent Misrepresentation Regarding Sterility Or Use Of Birth Control, Or Refusal To Abort Pregnancy, 2 ALR5th 337 (1992).

·         Anne M. Payne, Annotation, Sexual Partner's Tort Liability To Other Partner For Fraudulent Misrepresentation Regarding Sterility Or Use Of Birth Control Resulting In Pregnancy, 2 ALR5th 301 (1992).

·         Joel E. Smith, Annotation, Parent’s Obligation To Support Unmarried Minor Child Who Refuses To Live With Parent, 98 ALR3d 334 (1980).

·         J.A. Bryant, Jr., Annotation, Parent For Support Of Child Institutionalizes By Juvenile Court, 59 ALR3d 636 (1974).

TEXTS & TREATISES:

·         8 Arnold H. Rutkin et al., Connecticut Practice Series, Family Law And Practice with Forms (2d ed. 2000).

Chapter 38. Child support

§ 38.1. Duty to support child

§ 38.2   Statutory duty to support

§ 38.4. Child to whom duty of support applies

§ 38.7. Adopted children

§ 38.8. Illegitimate children

§ 38.9. ______ Presumption of paternity

§ 38.11. Support claim not based on birth or adoption

LAW REVIEWS:

·          Arthur E. Balbirer, Rights And Obligations Of Custodial And Non-Custodial Parents In Connecticut, 53 Connecticut Bar Journal 356 (1979).

COMPILER:

Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL

SCOPE:

Bibliographic resources relating to child custody and unmarried parents, form preparation and procedure in custody actions where parents are unmarried or live separately, and the factors considered in awarding custody.

SEE ALSO:

Best Interest of the Child Standard in Connecticut

STATUTES:

Conn. Gen. Stat. (2005)

·         Chapter 319o Department of Social Services

§ 17b-27  Voluntary acknowledgment of paternity program.

·         Chapter 802h, Part II Guardians of the Person of the Minor, §§45a-603 et seq.

§ 45a‑606  Father and mother joint guardians.

§ 45a-607  Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights.

·         Chapter 815j Dissolution of Marriage, Legal Separation and Annulment

§  46b-56, as amended by P.A. 05-258 s. 3,  Superior Court orders re custody, care and therapy of minor children in actions for dissolution of marriage, legal separation and annulment…

§ 46b‑61  Orders re Children where parents live separately.

§ 46b-64  Orders of court prior to return day of complaint.

§ 46b-66,  as amended by P.A. 05-258 s. 1, Review of agreements; incorporation into decree.

§ 46b-69b  Parenting Education Program. Required.

·         Chapter 815p Uniform Child Custody Jurisdiction & Enforcement Act

§ 46b-115a  Definitions

§ 46b-115m Modification of custody determination of another state

§ 46b-115w Procedure for registering an out-of-state child custody order

§§ 46b-115x—46b-115gg Procedure for enforcement of child custody determination

·         Chap. 815y,  Paternity Matters,  §§46b-160 et seq.

§ 46b-172  Acknowledgment of paternity and agreement to support.

[amended by 1999 Conn. Acts 193 §7]

§ 46b-172a  Claim for paternity by putative father ... Rights and responsibilities upon adjudication or acknowledgment of paternity. [amended by 1999 Conn. Acts 193 §7]

·         Chapter 816 Support Part II Obligations of Relatives

§ 46b-215  Relatives obliged to furnish support, when.

§ 46b‑215(b)  Attorney General as party to the case when person is receiving public assistance.

COURT RULES

Connecticut Practice Book (2005)

·         Chapter 25 Superior Court – Procedure in Family Matters

§ 25-3  Action for Custody of Minor Child

§ 25-5  Automatic Orders Upon Service of Complaint

§ 25-9  Answer, Cross Complaint, Claims for Relief by Defendant

§ 25-24  Motions

§ 25-26  Modification of Custody

§ 25-28  Order of Notice

§ 25-30  Statements to be Filed  (Financial Affidavits)

§ 25-34  Procedure for Short Calendar

§ 25-38  Judgment Files

§ 25-57  Affidavit Concerning Children

§ 25-59  Closed Hearings and Records

§ 25-60 & § 25-61  Family Division Evaluations and Studies

§ 25-62  Appointment of Guardian Ad Litem

LEGISLATIVE

HISTORY:

·         Public Acts 1974, No. 74-169, §12,  17 H.R. Proc., Pt. 6, 1974 Sess., p. 2805 [Conn. Gen. Stat. §46b-61]

“...expands the jurisdiction of the superior court involving minor children and further states that the section can be used in controversies not only involving a husband and wife but in controversies involving parents of minor children or children if they are no longer married or were never married.”

LEGISLATIVE REPORTS:

·         Lawrence K. Furbish, Child Custody in Marriage Dissolutions, Connecticut General Assembly, Office of Legislative Research Report No. 99-R-0791 (August 5, 1999).

FORMS:

Official Forms

·         VS-56  Acknowledgment of Paternity

·         VS-57  Recision of Acknowledgment of Paternity

·         JD-CL-12 Appearance

·         JD-FM-75  Application for Waiver of Fees

·         JD-FM-161  Custody / Visitation Application

·         JD-FM-162  Order to Attend Hearing and Notice to the Defendant

·         JD-FM-158  Notice of Automatic Orders

·         JD-FM-163  Case Management Agreement

·         JD-FM-164  Affidavit Concerning Children

·         JD-FM-164A  Addendum to Affidavit Concerning Children

·         JD-FM-165A  Case Management Dates

·         JD-FM-167  Motion for Notice by Publication or Mail in Family Cases

·         JD-FM-168  Order of Notice by Publication or Mail in Family Cases

·         JD-FM-175  Certification of Notice in Family Cases (Public Assistance)

·         JD-FM-178  Affidavit Concerning Military Service

·         JD-FM-160  Answer

·         JD-FM-183  Custody/Visitation Agreement

·         JD-FM-6  Financial Affidavit

·         JD-FM-176  Motion for Orders Before Judgment (Pendente Lite)

·         JD-FM-173  Motion for Contempt

·         JD-FM-174  Motion for Modification

Unofficial Forms

·         Temporary or Pendente Lite Orders

Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 106‑116 (1991)

·         Modification of Automatic Orders

Barbara Kahn Stark et al., Friendly Divorce Guidebook ForConnecticut  369 (1998). Motion for Relief From Automatic Orders

Representing Yourself in a Custody Case: A How to Do it YourselfBooklet, Legal Assistance Resource Center of Connecticut, Sample 7 (2003).

·         Exparte Orders

Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 145-150 (1991)

CASES:

·         Foster v. Foster, 84 Conn. App. 311, 320, 853 A.2d 588 (2004).  “As the plaintiff has no constitutionally protected right to counsel in a custody or visitation proceeding, we decline to require the court, in every custody or visitation dispute confronted with a pro se litigant, to grant a continuance simply because the request is founded on a parent’s right to raise a child without undue interference.  Although we recognize the value of family integrity, we acknowledge also that the state has an interest in the orderly presentation of cases and the ability of the court to manage its docket. We therefore conclude that, balancing all the interests, the court’s refusal to grant a continuance did not result in a constitutional deprivation.”

·         Knock v. Knock,  224 Conn. 776,788,  621 A.2d 267 (1993).  “Section 46b-56(b) does not require that the trial court award custody to whomever the child wishes; it requires only that the court take the child’s wishes into consideration.” 

·         Ridgeway v. Ridgeway, 180 Conn. 533, 541, 429 A.2d 801 (1980).  “In this case, the evidence showed that the children were living in a familiar and stable environment with love and attention from their paternal grandparents; that the plaintiff at times had an adverse effect upon the children; and that the plaintiff’s psychological instability was such that it posed a threat to the children’s well-being.”

·         Stevens v. Leone, 35 Conn. Supp. 237, 239, 406 A.2d 402 (1979).  “It seems obvious ... that it was the intent of the legislature to expand the jurisdiction of the Superior Court regarding custody issues from controversies arising out of a dissolution of marriage to controversies in which a child had been born without benefit of marriage.”

·         Rudolewicz v. Rudolewicz, Superior Court, judicial district of Hartford at New Britain, Docket No. 410812 (August 20, 1986), 1 C.S.C.R. 664, 666.

20 factors the court should consider when determining the “best interest of the child”

WEST KEY NUMBERS:

·         Children Out-of-Wedlock #20.1– #20.13

#20.1 Rights of mother

#20.2 Rights of father

·         Child Custody #20 – #88  Grounds and factors in general

·         Infants #19

#19.2 Matters considered in awarding custody

#19.3 Determination of right to custody

ENCYCLOPEDIAS:

·         George L. Blum, Annotation, Religion as Factor in Child Custody Cases, 124 A.L.R. 5^th 203 (2004).

·         Robin Cheryl Miller, Annotation, Child Custody and Visitation Rights Arising From Same-Sex Relationship, 80 A.L.R. 5^th 1 (2000).

·         Linda A. Francis, Annotation, Mental Health of Contesting Parent as Factor in Award of Child Custody, 53 A.L.R. 5^th 375 (1997).

·         Elizabeth Trainor, Annotation, Initial Award or Denial of Child Custody to Homosexual or Lesbian Parent, 62 A.L.R. 5^th 591 (1998).

·         Harriet Dinegar Milks, Annotation, Smoking as Factor in Child Custody and Visitation Cases, 36 A.L.R. 5^th 377 (1996).

·         Danny R. Veilleux, Annotation, Age of Parent as Factor in A