Connecticut § 46b-115k Initial child custody jurisdiction.

Connecticut Statutes

§ 46b-115k — Initial child custody jurisdiction.

Connecticut·Title 46b Family Law·Ch. 815p Uniform Child Custody Jurisdiction and Enforcement Act

(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 conc

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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.

Connecticut § 46b-115k (Initial child custody jurisdiction.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(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.