As used in this chapter:
(1) “Abandoned” means left without provision for reasonable and necessary care or supervision;
(2) “Child” means an individual who has not attained eighteen years of age;
(3) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual;
(4) “Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for dissolution of marriage, divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under sections 46b-115u to 46b-115gg, inclusive;
(5) “Commencement” means the filing of the first pleading in a proceeding;
(6) “Court” means any entity, including the Superior Court or Probate Court in this state, if such entity has jurisdiction to establish, enforce or modify a child custody determination;
(7) “Home state” means the state in which a child lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months old, the term means the state in which the child lived from birth with any such parent or person acting as a parent. A period of temporary absence of any such person is counted as part of the period;
(8) “Initial determination” means the first child custody determination concerning a particular child;
(9) “Issuing court” means the court that has made a child custody determination for which enforcement is sought under this chapter;
(10) “Issuing state” means the state in which a child custody determination has been made;
(11) “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the prior custody determination;
(12) “Person” has the same meaning as provided in subsection (k) of section 1-1 and includes a public agency;
(13) “Person acting as a parent” means a person, other than a parent, who: (A) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, any part of which period occurred within one year immediately before the commencement of a child custody proceeding, and (B) has been awarded legal custody by a court or claims a right to legal custody under the laws of this state;
(14) “Physical custody” means the physical care and supervision of a child;
(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or possession subject to the jurisdiction of the United States.
(P.A. 99-185, S. 2, 40; P.A. 00-49, S. 1, 7; P.A. 14-122, S. 183.)
History: P.A. 99-185 effective July 1, 2000; P.A. 00-49 amended definition of “person” in Subdiv. (12) to include a public agency, effective July 1, 2000; P.A. 14-122 made technical changes in Subdiv. (12).
Notes of Decisions
Ammar I. v. Evelyn W., 227 Conn. App. 827 (Conn. App. Ct. 2024).
· cites it 6× “) General Statutes § 46b-115a (4). The ‘‘commencement’’ of such a proceeding, in turn, is defined as ‘‘the filing of the first pleading in a proceeding .”
In re Natalie S., 163 A.3d 1189 (Conn. 2017).
· cites it 4× “" General Statutes § 46b-115a (7). On the basis of this language, we agree with the mother that there is no dispute that the trial court properly exercised jurisdiction over the neglect petition because both the mother and the minor child resided in Connecticut at the inception…”
In Re Iliana M., 38 A.3d 130 (Conn. App. Ct. 2012).
· cites it 3× “3 General Statutes § 46b-115a (3) provides: “ ‘Child custody determination’ means a judgment, decree, or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and…”
Rinfret v. Porter, 164 A.3d 812 (Conn. App. Ct. 2017).
· cites it 2× “" General Statutes § 46b-115a(15). At the time the plaintiff signed the affidavit in question, the only other custody proceedings taking place were in the U.”
Temlock v. Temlock, 898 A.2d 209 (Conn. App. Ct. 2006).
· cites it 2× “” General Statutes § 46b-115a (15). Clearly, a foreign country is not included in the definition of state.”
Boyron v. Lynch, 604 F. App'x 72 (2d Cir. 2015).
“Moreover, when the IJ denied Boy-ron’s last request for a continuance, Boy-ron had reached the age of eighteen, and the juvenile courts in Connecticut therefore lacked jurisdiction to declare him dependent on the juvenile court or commit or place him in custody.”
Parisi v. Niblett (Conn. App. Ct. 2020).
· cites it 10× “The court stated that it dismissed the plaintiff’s motion to modify pursuant to General Statutes §§ 46b-115a, 46b-115k, 46b-115l, and 46b-115m, particularly in light of the fact that Florida had not relinquished jurisdiction.”
Parisi v. Niblett (Conn. App. Ct. 2020).
· cites it 9× “’’ General Statutes § 46b-115a (3). Section 46b-115a (7) also provides a definition of the term ‘‘ ‘[h]ome state,’ ’’ defining it in relevant part as ‘‘the state in which a child lived with a parent or person acting as a parent for at least six consecutive months immediately…”
In re Teagan K.-O. (Conn. 2020).
· cites it 4× “’’ General Statutes § 46b-115a (4). The UCCJEA addresses jurisdiction in custody situations of interstate dimension by authoriz- ing the Superior Court to exercise jurisdiction if • Connecticut is the child’s ‘‘home state’’;8 General Statutes § 46b-115k (a) (1) and (2); • there…”
Swanson v. Perez-Swanson, 206 Conn. App. 266 (Conn. App. Ct. 2021).
· cites it 4× “children, as that phrase is defined in General Statutes § 46b-115a (7), in that the children have resided in North Carolina since the summer of 2018.”
In re Teagan K.-O. (Conn. App. Ct. 2022).
· cites it 4× “) General Statutes § 46b-115a (3). As we noted previously in this opinion, § 46b-115n (b) provides that ‘‘[a] child custody determi- nation made under this section shall be a final determi- nation’’ if the three stated conditions are satisfied.”
— Conn. Gen. Stat. § 46b-115a(15) — 1 case
Rinfret v. Porter, 164 A.3d 812 (Conn. App. Ct. 2017).
“" General Statutes § 46b-115a(15). At the time the plaintiff signed the affidavit in question, the only other custody proceedings taking place were in the U.”
— Conn. Gen. Stat. § 46b-115a(2) — 1 case
Boyron v. Lynch, 604 F. App'x 72 (2d Cir. 2015).
“Moreover, when the IJ denied Boy-ron’s last request for a continuance, Boy-ron had reached the age of eighteen, and the juvenile courts in Connecticut therefore lacked jurisdiction to declare him dependent on the juvenile court or commit or place him in custody.”
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