Custody

Anyone can file for visitation if s/he can allege in the petition, and later prove at a hearing, that:

1. a parent-like relationship exists between the person and the child; and
2. denial of visitation would cause real and significant harm.¹

In determining whether a “parent-like relationship” exists between the petitioner and the child, the judge can consider the following factors (among others):

• the length of the relationship between the petitioner and the child before s/he filed for visitation;
• the length of time that the relationship between the petitioner and the child has been disrupted;
• the specific parent-like activities of the petitioner toward the child;
• any evidence that the petitioner has unreasonably undermined the authority and discretion of the custodial parent;
• the significant absence of a parent from the life of the child;
• the death of one of the child’s parents;
• the physical separation of the parents of the child;
• the fitness of the person seeking visitation; and
• the fitness of the custodial parent.²

If the person applying for visitation is a grandparent (or great-grandparent), the judge can also consider the history of regular contact and proof of a close and substantial relationship between the grandparent and the child in addition to considering the factors above.³

In determining the best interests of the child, the judge is supposed to consider the child’s wishes if s/he is old enough to be able of form an intelligent opinion.⁴

Note: If a grandparent or other person is granted visitation, such visitation rights cannot be a ground for preventing the relocation of the custodial parent.⁵

¹ C.G.S. § 46b-59(b)
² C.G.S. § 46b-59(c)
³ C.G.S. § 46b-59(d)
⁴ C.G.S. § 46b-59(e)
⁵ C.G.S. § 46b-59(f)