Connecticut General Statutes

Conn. Gen. Stat. § 46b-115k (2026)

Initial child custody jurisdiction

✓ current as of May 2026

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(a) Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody determination if:

(1) This state is the home state of the child on the date of the commencement of the child custody proceeding;

(2) This state was the home state of the child within six months of the commencement of the child custody proceeding, the child is absent from the state, and a parent or a person acting as a parent continues to reside in this state;

(3) A court of another state does not have jurisdiction under subdivisions (1) or (2) of this subsection, the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and there is substantial evidence available in this state concerning the child's care, protection, training and personal relationships;

(4) A court of another state which is the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under a provision substantially similar to section 46b-115q or section 46b-115r, the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and there is substantial evidence available in this state concerning the child's care, protection, training and personal relationships;

(5) All courts having jurisdiction under subdivisions (1) to (4), inclusive, of this subsection have declined jurisdiction on the ground that a court of this state is the more appropriate forum to determine custody under a provision substantially similar to section 46b-115q or section 46b-115r; or

(6) No court of any other state would have jurisdiction under subdivisions (1) to (5), inclusive, of this subsection.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

(P.A. 99-185, S. 12, 40.)

History: P.A. 99-185 effective July 1, 2000.

Because the Uniform Child Custody Jurisdiction and Enforcement Act does not confer subject matter jurisdiction on our courts, but instead determines whether our courts may exercise existing jurisdiction or must defer to another state's jurisdiction, this section provides no impediment to statutes, such as section 46b-121, that determine the scope of jurisdiction and this court giving effect to section 46b-121 does not nullify any provision of said act. 335 C. 745.

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Sec. 46b-115l. Jurisdiction. (a) Except as otherwise provided in section 46b-115n, a court of this state which has made a child custody determination pursuant to sections 46b-115k to 46b-115m, inclusive, has exclusive, continuing jurisdiction over the determination until: (1) A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state; or (2) a court of this state determines that (A) this state is not the home state of the child, (B) a parent or a person acting as a parent continues to reside in this state but the child no longer has a significant relationship with such parent or person, and (C) substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships.

(b) A court of this state which has made a child custody determination but does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 46b-115k.

(P.A. 99-185, S. 13, 40.)

History: P.A. 99-185 effective July 1, 2000.

Subsec. (a):

A court of this state has continuing jurisdiction over the custody order until all three of the statutory factors are met and court erred when it made its determination on the basis of only one factor without addressing the remaining factors. 206 CA 266.

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Notes of Decisions

Cited in 13 cases (4 in the last 5 years), 2003–2025 · leading case: Temlock v. Temlock, 898 A.2d 209 (Conn. App. Ct. 2006).

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Temlock v. Temlock, 898 A.2d 209 (Conn. App. Ct. 2006). · cites it 17× “On March 1, 2005, the court dismissed the motion for modification and contempt 1 2 3 on jurisdictional grounds pursuant to General Statutes § 46b-115k 2 upon determining that the plaintiff had interrupted her Connecticut residency by living in Japan for a period of time after…”

Ammar I. v. Evelyn W., 227 Conn. App. 827 (Conn. App. Ct. 2024). · cites it 16× “3 ‘‘Section 46b-115k (a) (1) through (4) establishes a hierarchy of four bases that 3 General Statutes § 46b-115k (a) provides in relevant part: ‘‘Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody…”

In Re Iliana M., 38 A.3d 130 (Conn. App. Ct. 2012). · cites it 9× “this state other than mere physical presence, and there is substantial evidence available in this state concerning the child’s care, protection, training and personal relationships; (5) All courts having jurisdiction under subdivisions (1) to (4), inclusive, of this subsection…”

In re Natalie S., 163 A.3d 1189 (Conn. 2017). · cites it 5× “" General Statutes § 46b-115k (a) (1). 6 **856 " 'Home state' " is defined *1194 as "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 Re DeLeon J., 963 A.2d 53 (Conn. 2009). · cites it 2× “In addressing the issue of jurisdiction, the court noted that it had made an initial child custody determination, pursuant to General Statutes § 46b-115k, when it ordered protective supervision of the child on September 21, 2000, and that it subsequently had modified that…”

De Almeida-Kennedy v. Kennedy, 207 Conn. App. 244 (Conn. App. Ct. 2021). · cites it 4× “20 By its plain language, General Statutes § 46b-115k confers jurisdiction on ‘‘a court of this state .”

In re Teagan K.-O. (Conn. 2020). · cites it 30× “) General Statutes § 46b-115k (b). This exclusivity language is particularly significant in light of the dispensation of physical presence or personal jurisdiction, given that the legislature adopted the UCCJEA subsequent to § 46b-121 (a) (1) and the ‘‘principle of legislative…”

Parisi v. Niblett (Conn. App. Ct. 2020). · cites it 29× “Compare General Statutes § 46b-115k (a) (1) with General Statutes § 46b-115m (a).”

In re Teagan K.-O., 335 Conn. 745 (Conn. 2020). · cites it 16× “The UCCJEA provision relevant to the present case, General Statutes § 46b-115k, provides in relevant part: ‘‘(a) Except as otherwise provided in section 46b-115n [temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determi-…”

Parisi v. Niblett (Conn. App. Ct. 2020). · cites it 10× “See General Statutes § 46b-115k (1) and (2). Section 46b-115a (7) defines ‘‘home state’’ in relevant part as ‘‘the state in which a child lived with a parent or persons acting as a parent for at least six consecutive months immediately before the commence- ment of a child…”

In re Teagan K.-O. (Conn. App. Ct. 2022). · cites it 6× “See General Statutes § 46b-115k (a) (1) through (6).”

Raymond v. Briere (Conn. App. Ct. 2025). · cites it 3× “’’ General Statutes § 46b-115k (a) (1). ‘‘Orders regarding the custody and care of minor children .”

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