(a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where any parent resides may, on the application of any parent and after notice is given to the other parent or parents, make any order as to the custody, care, education, visitation and support of any minor child of the parents, subject to the provisions of sections
46b-54,
46b-56,
46b-57 and
46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. An applicant shall file the accompanying documents with the court not later than the first date for which the matter appears on the docket.
(b) As used in this section, “accompanying documents” means documents that establish an existing legal relationship between the parents and the child for whom an application for custody, care, education, visitation and support is made under this section. “Accompanying documents” include, but are not limited to, a copy of a birth certificate naming the applicant and the respondent as the parents of the child, a copy of a properly executed acknowledgment of parentage, a court order or decree naming the legally responsible parents, including adoptive parents, a surrogacy agreement as defined in section 7-36, documents showing that the minor child was born during the parents' wedlock or other sufficient evidence within the discretion of the court.
(P.A. 73-373, S. 19; P.A. 74-169, S. 12, 18; P.A. 78-230, S. 46, 54; 78-280, S. 2, 127; P.A. 99-215, S. 4, 29; P.A. 10-32, S. 139; P.A. 18-75, S. 4; P.A. 21-15, S. 114.)
History: P.A. 74-169 changed wording slightly; P.A. 78-230 deleted reference to “minor children” and to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-62 transferred to Sec. 46b-61 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 99-215 substituted “application” for “complaint” and added “Proceedings to obtain such orders shall be commenced by service of an application, summons and an order to show cause.”, effective January 1, 2000; P.A. 10-32 changed “notice given to the other” to “notice is given to the other party”, effective May 10, 2010; P.A. 18-75 redesignated existing provisions re cases in which parents of minor child live separately as Subsec. (a) and amended same by replacing references to party with references to parent and adding provision re applicant to file accompanying documents not later than first date for which matter appears on docket, and added Subsec. (b) defining “accompanying documents”; P.A. 21-15 amended Subsec. (a) by replacing “either parent” with “any parent” and making a technical change, and amended Subsec. (b) by replacing “paternity” with “parentage” and “gestational agreement” with “surrogacy agreement”, effective January 1, 2022.
Annotation to former section 46-62:
Cited. 174 C. 427.
Annotations to present section:
Subject matter jurisdiction discussed. 184 C. 558. Statute, read together with Secs. 46b-56 and 46b-93, provides that it is permissible under certain circumstances to award child support even though child is not within jurisdiction. 191 C. 92. Cited. 199 C. 287; 207 C. 48; 236 C. 582.
Cited. 3 CA 541; 8 CA 50; 11 CA 150; 31 CA 114; 35 CA 421; 41 CA 861; judgment reversed, see 241 C. 490; 44 CA 605.
Superior Court has jurisdiction in custody issues arising from controversies over illegitimate child. 35 CS 237. Cited. 41 CS 429.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1979–2022 · leading case:
Maturo v. Maturo, 995 A.2d 1 (Conn. 2010).
Maturo v. Maturo, 995 A.2d 1 (Conn. 2010).
· cites it 8× “General Statutes § 46b-61 merely authorizes the court to award "support of any minor child" without any standard.”
Walsh v. Jodoin, 925 A.2d 1086 (Conn. 2007).
· cites it 6× “The Appellate Court noted that the issue "is framed by the provisions of [General Statutes] §§ 46b-61, 46b-62 and 46b-54, which, in conjunction, provide that in an action for support of an illegitimate child brought by the custodial parent, the counsel fees thereby incurred by…”
Moll v. Gianetti, 510 A.2d 1009 (Conn. App. Ct. 1986).
· cites it 12× “Although the statutory basis for this action is not evident in the record before us, we conclude that these proceedings were authorized by General Statutes § 46b-61, which pertains to orders as to the custody, care, education, visitation and support of any minor child of parents…”
Taff v. Bettcher, 646 A.2d 875 (Conn. App. Ct. 1994).
· cites it 3× “Although the statutory basis for this proceeding is not clear from the record, we consider this action to be brought under General Statutes § 46b-61, which pertains to orders as to the custody, care, education, visitation and support of any minor child of parents who live…”
Hayes v. Beresford, 440 A.2d 224 (Conn. 1981).
· cites it 2× “The plaintiff now argues that the jurisdictional difficulty is cured because General Statutes §§ 46b-61 *563 and 46b-84 2 confer statutory jurisdiction upon the Superior Court to enter support orders for the support of minor children.”
Fennelly v. Norton, 985 A.2d 1026 (Conn. 2010).
· cites it 3× “The court emphasized that, “[t]o construe § 46b-62 so as to deny a custodial parent the right to collect, from the noncustodial parent, counsel fees incurred in an action under [General Statutes] § 46b-61 for support of an illegitimate child would effectively preclude the…”
Colbert v. Carr, 57 A.3d 878 (Conn. App. Ct. 2013).
· cites it 5× “She does not dispute the fact that an award of attorney’s fees by the trial court would not be mandatory if she had commenced her action pursuant to General Statutes § 46b-61. 9 At the time of trial, the plaintiff testified that she owed her attorney $20,994.”
Morabito v. Wachsman, 463 A.2d 593 (Conn. 1983).
· cites it 2× “General Statutes §§ 46b-61, 46b-56 and 46b-93, 10 read together, provide that it is permissible *103 under certain circumstances to award child support even though the child is not within this jurisdiction.”
Marcus v. Cassara, 66 A.3d 894 (Conn. App. Ct. 2013).
· cites it 5× “In June, 2008, the plaintiff commenced the present action by filing an application seeking joint legal custody of the three minor children pursuant to General Statutes § 46b-61. 1 As stated by the trial court, this action was “conducted with some degree of both drama and…”
Jones v. Jones, 507 A.2d 88 (Conn. 1986).
· cites it 2× “In light of the past history of the relationship between the parties, it is fanciful to suggest that the plaintiff can rely on General Statutes § 46b-61 or 46b-84, which depend upon finding the defendant in this state.”
Benavides v. Benavides, 526 A.2d 536 (Conn. App. Ct. 1987).
· cites it 2× “The plaintiff, in a postjudgment action, successfully pursued her claim for custody of the parties’ minor children and for back child support under General Statutes § 46b-61 and under the Uniform Child Custody Jurisdiction Act, General Statutes §§ 46b-90 et seq.”
Tevolini v. Tevolini, 783 A.2d 1157 (Conn. App. Ct. 2001).
“In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-61, shall consider the length of the marriage, the causes for the annulment,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.