Grandparent Visitation Petition (Connecticut)

PETITION FOR VISITATION WITH A MINOR CHILD

Superior Court of Connecticut — Family Division

I. COURT CAPTION AND CASE INFORMATION

SUPERIOR COURT — JUDICIAL DISTRICT OF [________________________________]
At [________________________________]

Docket No.: [________________________________] (To be assigned by clerk)
Return Date: [__/__/____]

VERIFIED PETITION FOR RIGHT OF VISITATION (Conn. Gen. Stat. § 46b-59)

II. PETITIONER (GRANDPARENT) INFORMATION

III. RESPONDENT(S) — PARENT(S) / GUARDIAN(S)

A. Respondent 1

B. Respondent 2 (if applicable)

IV. MINOR CHILD(REN)

Child 1:

Child 2 (if applicable):

V. JURISDICTION AND VENUE

A. UCCJEA Jurisdiction (Conn. Gen. Stat. §§ 46b-115 et seq.)

☐ Connecticut is the child's home state — the child has lived in Connecticut with a parent or person acting as a parent for at least six (6) consecutive months immediately before this filing (or since birth, if under six months).
☐ Connecticut is not the home state, but jurisdiction exists because (explain): [________________________________]

B. Venue

☐ Venue is proper in the Judicial District of [________________________________] because the child resides or is located there.

C. Related and Prior Proceedings

☐ No other proceeding concerning the custody or visitation of the child is pending or has been decided.
☐ The following proceeding(s) exist (court, docket no., status): [________________________________]

VI. STANDING AND THE TWO REQUIRED ALLEGATIONS (Conn. Gen. Stat. § 46b-59(b))

This verified Petition contains the following specific and good-faith allegations required by statute:

A. A Parent-Like Relationship Exists (§ 46b-59(b)(1))

Petitioner alleges that a parent-like relationship exists between Petitioner and the child. Specific facts (NOT conclusory) supporting this allegation:

[________________________________]
[________________________________]
[________________________________]

In support, Petitioner alleges the following factors the Court may consider under § 46b-59(c)–(d) (check all that apply and provide facts):

☐ (c)(1) Existence and length of the relationship before this Petition: [________________________________]
☐ (c)(2) Length of time the relationship has been disrupted: [________________________________]
☐ (c)(3) Specific parent-like activities Petitioner performed toward the child: [________________________________]
☐ (c)(4) Petitioner has not unreasonably undermined the authority and discretion of the custodial parent.
☐ (c)(5) Significant absence of a parent from the child's life: [________________________________]
☐ (c)(6) Death of one of the child's parents: [__/__/____]
☐ (c)(7) Physical separation of the child's parents: [________________________________]
☐ (c)(8) The fitness of Petitioner (the person seeking visitation): [________________________________]
☐ (c)(9) The fitness of the custodial parent: [________________________________]
☐ (d) For grandparents specifically — the history of regular contact and proof of a close and substantial relationship between Petitioner and the child: [________________________________]

B. Denial of Visitation Would Cause Real and Significant Harm (§ 46b-59(b)(2))

Petitioner alleges that denial of visitation would cause real and significant harm to the child. Under § 46b-59(a)(2), "real and significant harm" means the child is neglected or uncared for as defined in Conn. Gen. Stat. § 46b-120. Specific facts supporting this allegation:

[________________________________]
[________________________________]
[________________________________]

VII. CONSTITUTIONAL AND EVIDENTIARY STANDARD

A. Special Weight to a Fit Parent's Decision (Troxel v. Granville)

Petitioner acknowledges that a parent's interest in the care, custody, and control of his or her child is a fundamental liberty interest, and that a fit parent's decision regarding visitation is entitled to special weight. (Troxel v. Granville, 530 U.S. 57 (2000).)

B. The Roth v. Weston / § 46b-59 Standard

Following Roth v. Weston, 259 Conn. 202 (2002) — codified by Public Act 12-137 — the Court shall grant the right of visitation only if it finds, after a hearing and by clear and convincing evidence, that:

1. a parent-like relationship exists between Petitioner and the child; and
2. denial of visitation would cause real and significant harm to the child.

Petitioner alleges these elements are satisfied and will be proved by clear and convincing evidence.

C. Effect of an Order

Petitioner acknowledges that, under § 46b-59(f):

☐ Visitation rights granted do not create parental rights in Petitioner.
☐ Such visitation rights are not a ground for preventing the relocation of the custodial parent.
☐ The Court retains authority to later act on custody, parental rights, or adoption, including terminating the visitation rights granted.

VIII. BEST INTEREST AND TERMS OF VISITATION (Conn. Gen. Stat. § 46b-59(e))

If the Court grants visitation, it shall set forth the terms and conditions, including the schedule, times, places, whether overnight visitation is allowed, and any other conditions in the child's best interest (which conditions shall not be contingent on any order of financial support). In determining best interest, the Court shall consider the wishes of the child if of sufficient age and capable of forming an intelligent opinion, and may consider:

☐ The effect visitation will have on the relationship between the parent(s) or guardian(s) and the child.
☐ The effect on the child of any domestic violence between or among parents, grandparents, persons seeking visitation, and the child.

Petitioner alleges the following supports the requested terms:

[________________________________]
[________________________________]

IX. REQUESTED VISITATION SCHEDULE

A. Regular Visitation

☐ Weekly: [days/times] [________________________________]
☐ Bi-weekly: [________________________________]
☐ Monthly: [________________________________]
☐ Overnight visitation requested: ☐ Yes ☐ No — [details] [________________________________]
☐ Other: [________________________________]

B. Holidays and Special Occasions

C. Transportation and Communication

☐ Petitioner will provide transportation. ☐ Exchange location: [________________________________]
☐ Telephone/video contact between visits: [frequency] [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that this verified Petition states specific, good-faith allegations of a parent-like relationship and real and significant harm sufficient to proceed under Conn. Gen. Stat. § 46b-59;

B. After hearing, find by clear and convincing evidence that a parent-like relationship exists and that denial of visitation would cause real and significant harm to the child;

C. Grant Petitioner the right of visitation and set forth terms and conditions (schedule, times, places, overnight visitation, and other conditions) in the child's best interest pursuant to § 46b-59(e);

D. Order reasonable communication and transportation arrangements;

E. Enter an order for payment of fees as the Court deems appropriate; and

F. Grant such other and further relief as the Court deems just and proper in the best interest of the child.

XI. VERIFICATION

I, [________________________________], being duly sworn, depose and say:

1. I am the Petitioner in this proceeding.
2. I have read this Verified Petition for Right of Visitation and know its contents.
3. The allegations of a parent-like relationship and of real and significant harm are made in good faith, and the facts stated are true to the best of my knowledge and belief.

_______________________________________________
[________________________________], Petitioner

Subscribed and sworn to before me on [__/__/____].

_______________________________________________
Notary Public / Commissioner of the Superior Court
My commission expires: [__/__/____]

XII. SIGNATURE — PETITIONER OR ATTORNEY

Respectfully submitted,

Dated: [__/__/____]

_______________________________________________
[________________________________]

XIII. NOTICE TO RESPONDENT(S)

TO EACH RESPONDENT: A Verified Petition for Right of Visitation has been filed concerning the above-named child. You have the right to file a written response, to appear at the hearing, to be represented by an attorney, and to present evidence and witnesses. The petitioner must prove the statutory elements by clear and convincing evidence. If you do not respond or appear, the Court may proceed in your absence.

XIV. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true copy of this Verified Petition was served on the following in the manner indicated:

_______________________________________________
[________________________________] (Signature)

XV. ATTACHMENTS

☐ UCCJEA Affidavit / Declaration
☐ Exhibit A — Evidence of the parent-like relationship (caregiving records, photographs, communications)
☐ Exhibit B — Facts supporting real and significant harm (neglected/uncared-for circumstances)
☐ Exhibit C — Any existing custody/visitation orders or relevant proceedings
☐ Exhibit D — Other: [________________________________]
☐ Filing fee or Fee Waiver Application (Form JD-FM-75)

XVI. SOURCES AND REFERENCES

Connecticut General Statutes

• Conn. Gen. Stat. § 46b-59 — Petition for Right of Visitation with Minor Child
• Conn. Gen. Stat. § 46b-120 — Definitions ("Neglected," "Uncared For")
• Conn. Gen. Stat. §§ 46b-115 to 46b-115gg — Uniform Child Custody Jurisdiction and Enforcement Act
• Public Act No. 12-137 (2012) — Amendment to § 46b-59 codifying Roth v. Weston

Controlling Case Law

• Roth v. Weston, 259 Conn. 202 (2002) — Third party must allege and prove, by clear and convincing evidence, a parent-like relationship and that the child would suffer real and significant (actual) harm if denied visitation.
• Troxel v. Granville, 530 U.S. 57 (2000) — A fit parent's decision is entitled to special weight.

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. A § 46b-59 petition lacking specific allegations of a parent-like relationship and real and significant harm is subject to dismissal; verify all citations before filing.