STIPULATION AND AGREEMENT FOR MODIFICATION OF CUSTODY ORDERS

State of Connecticut Superior Court — Family Division

Judicial District of [________________________________]

Docket No.: [________________________________]

[________________________________] (Plaintiff/Petitioner)

v.

[________________________________] (Defendant/Respondent)

NATURE OF THIS DOCUMENT

This Stipulation and Agreement for Modification of Custody Orders ("Stipulation") is submitted to the Connecticut Superior Court, Family Division, pursuant to Conn. Gen. Stat. § 46b-56(a), which authorizes the court to "make or modify any proper order regarding the custody, care, education, visitation and support of the children." Under the standard established in Borkowski v. Borkowski, 228 Conn. 729, 738 (1994), the parties represent that a material change in circumstances has occurred since entry of the existing custody order, warranting modification in the best interests of the minor child(ren).

I. IDENTIFICATION OF THE PARTIES AND CHILDREN

Parent A (Moving Party):
- Full Legal Name: [________________________________]
- Current Address: [________________________________]
- Telephone: [________________________________]
- Attorney (if any): [________________________________] (Juris No. [____])

Parent B (Responding Party):
- Full Legal Name: [________________________________]
- Current Address: [________________________________]
- Telephone: [________________________________]
- Attorney (if any): [________________________________] (Juris No. [____])

Minor Child(ren) Subject to This Stipulation:

II. EXISTING CUSTODY ORDER

This Stipulation modifies the custody order entered by the Connecticut Superior Court as follows:

• Date of Existing Order: [__/__/____]
• Judicial District: [________________________________]
• Docket Number: [________________________________]
• Type of Order: ☐ Judgment of Dissolution ☐ Custody Order ☐ Pendente Lite Order ☐ Prior Modification Order ☐ Other: [________________________________]
• Current Custody Arrangement Under Existing Order:
• Legal Custody: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
• Physical Custody: ☐ Shared ☐ Primary to Parent A ☐ Primary to Parent B
• Current Parenting Schedule: [________________________________]

III. MATERIAL CHANGE IN CIRCUMSTANCES

Pursuant to Borkowski v. Borkowski, 228 Conn. 729 (1994), the parties stipulate that the following material change(s) in circumstances have occurred since the date of the existing order, warranting modification:

☐ Change in parent's employment or work schedule
☐ Relocation of a parent (see Section VIII regarding Conn. Gen. Stat. § 46b-56d)
☐ Change in child(ren)'s educational needs or school enrollment
☐ Change in child(ren)'s health, developmental, or therapeutic needs
☐ Child(ren)'s expressed preference (where child is of sufficient age and capable of forming an intelligent preference per § 46b-56(c)(4))
☐ Change in parent's living situation or household composition
☐ Completion of court-ordered conditions (e.g., substance abuse treatment, counseling, parenting classes)
☐ Concerns regarding domestic violence or safety (see § 46b-56(c)(12)-(13))
☐ Change in Family Relations Division recommendations
☐ Other: [________________________________]

Detailed Description of Changed Circumstances:

[________________________________]
[________________________________]
[________________________________]

IV. PROPOSED MODIFICATIONS

A. Legal Custody Modification

☐ No change to legal custody

☐ Modify legal custody as follows:
- From: [________________________________]
- To: ☐ Joint legal custody ☐ Sole legal custody to Parent A ☐ Sole legal custody to Parent B

Decision-Making Allocation (if joint legal custody):

Per Conn. Gen. Stat. § 46b-56a, joint custody means "an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents." The following allocation shall apply:

B. Physical Custody / Parenting Time Modification

☐ No change to physical custody or parenting time

☐ Modify physical custody / parenting time as follows:
- From: [________________________________]
- To: [________________________________]

New Regular Parenting Schedule:

Exchange Times and Locations:
- Weekday exchanges: [________________________________]
- Weekend exchanges: [________________________________]
- Exchange location: [________________________________]
- Transportation responsibility: [________________________________]

C. Holiday and School Break Modifications

☐ No change to holiday/vacation schedule

☐ Modify holiday/vacation schedule as follows:
[________________________________]
[________________________________]

D. Supervision Modifications

☐ Not applicable — no supervised access in existing order

☐ Remove supervision requirement based on: [________________________________]

☐ Modify supervision as follows: [________________________________]

☐ Add supervision requirement based on: [________________________________]
- Supervisor: ☐ Family Relations Division ☐ Professional supervisor ☐ Approved third party: [________________________________]

E. Other Modifications

[________________________________]
[________________________________]

V. CONNECTICUT BEST INTEREST FACTORS — § 46b-56(c)

The parties represent that the proposed modifications serve the best interests of the child(ren). Pursuant to Conn. Gen. Stat. § 46b-56(c), the court may consider the following factors, among others:

1. Physical and emotional safety of the child — [________________________________]
2. Temperament and developmental needs of the child — [________________________________]
3. Capacity and disposition of the parents to understand and meet the needs of the child — [________________________________]
4. Relevant and material information obtained from the child, including the informed preferences of the child — [________________________________]
5. Wishes of the child's parents as to custody — [________________________________]
6. Past and current interaction and relationship of the child with each parent, siblings, and other significant persons — [________________________________]
7. Willingness and ability of each parent to facilitate and encourage the continuing parent-child relationship with the other parent — [________________________________]
8. Any manipulation by or coercive behavior of the parents — [________________________________]
9. Ability of each parent to be actively involved in the life of the child — [________________________________]
10. Child's adjustment to home, school, and community — [________________________________]
11. Length of time in a stable, satisfactory environment and the desirability of maintaining continuity — [________________________________]
12. Stability of existing or proposed residences — [________________________________]
13. Mental and physical health of all individuals involved — [________________________________]
14. Child's cultural background — [________________________________]
15. Effect on the child of domestic violence, if any — [________________________________]
16. Whether the child or a sibling has been abused or neglected — [________________________________]

VI. PARENTING EDUCATION PROGRAM COMPLIANCE

Pursuant to Conn. Gen. Stat. § 46b-69b, both parents shall have completed the court-ordered Parenting Education Program.

• Parent A: ☐ Previously completed (Date: [__/__/____]) ☐ Completion pending ☐ Waiver granted by court
• Parent B: ☐ Previously completed (Date: [__/__/____]) ☐ Completion pending ☐ Waiver granted by court

Note: Under § 46b-69b, the Parenting Education Program is mandatory in dissolution and custody proceedings. Failure to complete the program may result in sanctions, including the court's refusal to enter orders.

VII. FAMILY RELATIONS DIVISION INVOLVEMENT

The Connecticut Superior Court's Family Relations Division (also referred to as Family Services) has been involved in this matter as follows:

☐ Family Relations mediation session(s) completed
☐ Family Services custody evaluation completed (Date: [__/__/____])
☐ Family Relations conciliation conference held
☐ No Family Relations Division involvement to date
☐ Parties request referral to Family Relations for: [________________________________]

Family Relations Recommendations (if any): [________________________________]

VIII. RELOCATION PROVISIONS

☐ This modification does not involve relocation of either parent.

☐ This modification involves relocation. Pursuant to Conn. Gen. Stat. § 46b-56d, the relocating parent bears the burden of proving by a preponderance of the evidence:

1. The relocation is for a legitimate purpose: [________________________________]
2. The proposed location is reasonable in light of such purpose: [________________________________]
3. The relocation is in the best interests of the child: [________________________________]

The court shall consider the following factors under § 46b-56d(b):
- Each parent's reasons for seeking or opposing the relocation
- Quality of the relationships between the child and each parent
- Impact on quantity and quality of child's future contact with the nonrelocating parent
- Degree to which the relocating parent's and child's life may be enhanced economically, emotionally, and educationally by the relocation
- Feasibility of preserving the relationship between the nonrelocating parent and the child through suitable access arrangements

Proposed relocation address: [________________________________]
Proposed revised parenting schedule: [________________________________]

IX. ATTORNEY FOR MINOR CHILDREN / GUARDIAN AD LITEM

Pursuant to Connecticut Practice Book § 25-62 and § 25-62a:

☐ An Attorney for the Minor Child(ren) ("AMC") has been appointed: [________________________________]
- The AMC's position on this modification is: [________________________________]

☐ A Guardian ad Litem ("GAL") has been appointed: [________________________________]
- The GAL's recommendation is: [________________________________]

☐ No AMC or GAL has been appointed. ☐ The parties request appointment of: ☐ AMC ☐ GAL

Note: Under Practice Book § 25-62a, an AMC represents the child's wishes, while a GAL under § 25-62 represents the child's best interests. These are distinct roles under Connecticut law.

X. DOMESTIC VIOLENCE CONSIDERATIONS

Pursuant to Conn. Gen. Stat. § 46b-56(c)(12) and (13):

☐ Neither party has alleged domestic violence, abuse, or neglect.

☐ Domestic violence, abuse, or neglect has been alleged or adjudicated. The following considerations apply:
[________________________________]

Note: Under Connecticut law, evidence of domestic violence is a factor the court must consider in custody determinations. Where family violence is present, the court may consider whether joint custody is appropriate and may impose conditions to protect the child(ren)'s safety.

XI. PROVISIONS REMAINING UNCHANGED

All terms and conditions of the existing custody order dated [__/__/____] shall remain in full force and effect except as expressly modified by this Stipulation, including but not limited to:

☐ Child support obligations
☐ Health insurance provisions
☐ Non-disparagement obligations
☐ Information-sharing obligations
☐ Other: [________________________________]

XII. ADDITIONAL AGREEMENTS

A. Communication Between Parents

[________________________________]

B. Right of First Refusal

☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's scheduled parenting time, that parent shall first offer the other parent the opportunity to provide care.

C. Virtual / Telephone Access

[________________________________]

D. Dispute Resolution

The parties agree to the following dispute resolution process before seeking court intervention:
1. Direct communication between parents
2. ☐ Mediation through Family Relations Division ☐ Private mediation with: [________________________________]
3. Motion to the Connecticut Superior Court

XIII. SUBMISSION TO THE COURT

The parties respectfully request that the Connecticut Superior Court, Family Division, Judicial District of [________________________________]:

1. Accept and approve this Stipulation;
2. Enter a modified custody order consistent with the terms herein;
3. Incorporate this Stipulation into the court's order by reference; and
4. Grant such other and further relief as the court deems equitable and in the best interests of the child(ren).

XIV. REPRESENTATIONS

Each party represents and warrants:

1. This Stipulation is entered into voluntarily, without coercion or duress.
2. Each party has had the opportunity to consult with an attorney licensed in the State of Connecticut.
3. Each party has disclosed all material information relevant to the child(ren)'s welfare.
4. The material change in circumstances described herein is genuine and accurately stated.
5. The proposed modifications serve the best interests of the child(ren) under Conn. Gen. Stat. § 46b-56(c).
6. No pending criminal charges, DCF investigations, or restraining orders exist that have not been disclosed herein.
7. Each party understands that this Stipulation, once approved by the court, becomes a court order enforceable by contempt proceedings.

XV. EXECUTION

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COUNSEL FOR PARENT A (if represented):

Signature: _________________________________

Name: [________________________________]

Juris No.: [____]

Firm: [________________________________]

Date: [__/__/____]

COUNSEL FOR PARENT B (if represented):

Signature: _________________________________

Name: [________________________________]

Juris No.: [____]

Firm: [________________________________]

Date: [__/__/____]

ATTORNEY FOR MINOR CHILD(REN) (if appointed):

Signature: _________________________________

Name: [________________________________]

Juris No.: [____]

Date: [__/__/____]

☐ The AMC concurs with this Stipulation.
☐ The AMC does not concur and respectfully submits the following objection: [________________________________]

ORDER OF THE COURT

The foregoing Stipulation having been presented to the Court, and the Court having reviewed the same and finding that the modification is supported by a material change in circumstances and serves the best interests of the minor child(ren) pursuant to Conn. Gen. Stat. § 46b-56, it is hereby:

ORDERED that the Stipulation and Agreement for Modification of Custody Orders is APPROVED and INCORPORATED as an order of this Court, effective [__/__/____].

SO ORDERED at [________________________________], Connecticut, this [____] day of [________________________________], 20[____].

_________________________________
Judge, Superior Court
Family Division

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 46b-56 — Orders re custody, care, education, visitation and support of children; best interests of the child
• Conn. Gen. Stat. § 46b-56a — Joint custody; definition; presumption; parental responsibility plan
• Conn. Gen. Stat. § 46b-56d — Relocation of parent with minor child; burden of proof; factors
• Conn. Gen. Stat. § 46b-69b — Parenting education program
• Borkowski v. Borkowski, 228 Conn. 729, 638 A.2d 1060 (1994) — Material change in circumstances standard for custody modification
• Ireland v. Ireland, 246 Conn. 413, 717 A.2d 676 (1998) — Relocation factors (codified at § 46b-56d)
• Connecticut Practice Book § 25-62 — Guardian ad Litem
• Connecticut Practice Book § 25-62a — Attorney for Minor Children
• Connecticut Judicial Branch Form JD-FM-176 — Motion for Orders Before Judgment (Pendente Lite)
• Connecticut Judicial Branch, Family Services Division: https://jud.ct.gov/CSSD/familysvcs.htm