Connecticut Joint Custody Agreement

JOINT CUSTODY AGREEMENT AND PARENTAL RESPONSIBILITY PLAN

State of Connecticut Superior Court — Family Division

Judicial District of [________________________________]

Docket No.: [________________________________]

[________________________________] (Plaintiff/Petitioner)

v.

[________________________________] (Defendant/Respondent)

PURPOSE AND STATUTORY BASIS

This Joint Custody Agreement and Parental Responsibility Plan ("Agreement") is submitted to the Connecticut Superior Court, Family Division, pursuant to Conn. Gen. Stat. § 46b-56a. Under Connecticut law, "joint custody" means "an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents." Conn. Gen. Stat. § 46b-56a(a).

Under § 46b-56a(b), "there shall be a presumption, affecting the burden of proof, that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court." The parties hereby agree to joint custody and submit this Agreement for incorporation into a court order.

I. IDENTIFICATION OF THE PARTIES AND CHILDREN

Parent A:

• Full Legal Name: [________________________________]
• Current Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Attorney (if any): [________________________________] (Juris No. [____])

Parent B:

• Full Legal Name: [________________________________]
• Current Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Attorney (if any): [________________________________] (Juris No. [____])

Minor Child(ren):

II. COURT JURISDICTION AND FILING

This Agreement shall be filed with the Connecticut Superior Court, Family Division, Judicial District of [________________________________], in connection with:

☐ Action for Dissolution of Marriage (Docket No. [________________________________])
☐ Action for Legal Separation (Docket No. [________________________________])
☐ Custody Petition pursuant to Conn. Gen. Stat. § 46b-56 (Docket No. [________________________________])
☐ Post-Judgment Modification (Original Docket No. [________________________________])

The Connecticut Superior Court retains continuing, exclusive jurisdiction over all matters of custody, care, education, visitation, and support of the child(ren) pursuant to Conn. Gen. Stat. § 46b-56 and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Conn. Gen. Stat. § 46b-115 et seq.

III. JOINT LEGAL CUSTODY

A. Grant of Joint Legal Custody

The parents shall share joint legal custody of the minor child(ren) as defined by Conn. Gen. Stat. § 46b-56a(a). Both parents shall have equal rights, responsibilities, and authority to participate in major decisions affecting the child(ren)'s health, education, religious upbringing, and general welfare.

B. Joint Decision-Making Areas

The parents shall consult in good faith and reach mutual agreement on the following major decisions:

1. Education

• School enrollment, selection, and changes (public, private, charter, magnet, or home instruction)
• Special education services, Individualized Education Programs (IEPs), and Section 504 plans
• Tutoring, educational testing, and evaluations
• Grade retention or acceleration
• College planning and applications

2. Medical and Health Care

• Selection of primary care physicians, dentists, and specialists
• Non-emergency medical, surgical, and dental procedures
• Ongoing prescription medications
• Mental health treatment, therapy, and counseling
• Elective procedures (orthodontics, vision correction, etc.)
• Vaccination decisions beyond the standard schedule

3. Religious Upbringing
☐ The child(ren) shall be raised in the [________________________________] faith tradition
☐ Each parent may expose the child(ren) to his or her own religious practices during that parent's parenting time; major religious ceremonies require mutual agreement
☐ Other: [________________________________]

4. Extracurricular Activities

• Enrollment in sports, music, arts, clubs, or other organized activities
• Level of commitment (recreational vs. competitive) and associated costs
• Activities scheduled during both parents' parenting time require mutual agreement

5. Travel

• International travel requires written consent of both parents at least thirty (30) days in advance
• Domestic travel during the traveling parent's scheduled parenting time requires notice of itinerary and contact information at least forty-eight (48) hours in advance

C. Decision-Making Protocol

1. Either parent may initiate discussion of a major decision by providing written notice (email, text, or co-parenting application).
2. The other parent shall respond within seven (7) calendar days, unless circumstances require a shorter time frame.
3. Parents shall exchange relevant information and discuss the matter in good faith.
4. If parents cannot agree after good-faith efforts, either parent may:
   - (a) Request a conference with the Family Relations Division of the Superior Court;
   - (b) Engage a private mediator; or
   - (c) File a motion with the court pursuant to Conn. Gen. Stat. § 46b-56.

D. Emergency Decisions

The parent with physical custody at the time of an emergency may make necessary emergency medical decisions without prior consultation. That parent shall notify the other parent as soon as reasonably practicable, and in no event later than twenty-four (24) hours after the emergency.

E. Day-to-Day Decisions

Each parent shall make routine daily decisions (meals, bedtime, homework, discipline, social activities, grooming) during that parent's scheduled parenting time without consulting the other parent.

IV. JOINT PHYSICAL CUSTODY — PARENTING TIME SCHEDULE

A. Residential Schedule

The child(ren) shall reside with each parent according to the following schedule, which is designed to provide continuing contact with both parents per Conn. Gen. Stat. § 46b-56a(a):

☐ Option 1 — Alternating Weeks (Week On/Week Off)

The child(ren) shall reside with Parent A for one full week (Monday morning through the following Monday morning), then with Parent B for the following week, alternating continuously.

• Exchanges shall occur on Monday mornings at:
  ☐ The child(ren)'s school (drop-off by outgoing parent, pick-up by incoming parent)
  ☐ [________________________________]

☐ Option 2 — 2-2-3 Rotation

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A on Week 1; Parent B on Week 2)

☐ Option 3 — 5-2-2-5 Schedule

• Monday and Tuesday: Always with Parent A
• Wednesday and Thursday: Always with Parent B
• Friday through Sunday: Alternating every other weekend

☐ Option 4 — Custom Schedule

[________________________________]
[________________________________]

B. Exchange Times, Locations, and Transportation

• Weekday exchange time: [________________________________]
• Weekend exchange time: [________________________________]
• Primary exchange location: [________________________________]
• Alternative exchange location (inclement weather, emergencies): [________________________________]
• Transportation:
  ☐ The receiving parent shall pick up the child(ren)
  ☐ The delivering parent shall drop off the child(ren)
  ☐ Parents shall share transportation equally
  ☐ Other: [________________________________]

C. Holiday and Special Occasion Schedule

Holidays supersede the regular parenting schedule. The parents shall alternate holidays in even-numbered and odd-numbered years as follows:

D. Summer Vacation

Each parent shall have [____] consecutive weeks of uninterrupted vacation time with the child(ren) during the summer, subject to:

• Written notice of proposed vacation dates by May 1 of each year
• If parents select overlapping dates, Parent A shall have first choice in even-numbered years and Parent B in odd-numbered years
• The vacationing parent shall provide an itinerary and contact information
• The non-vacationing parent shall have daily phone or video contact with the child(ren) at a mutually agreed time

E. 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 care for the child(ren) before arranging third-party childcare. The other parent shall respond within two (2) hours; if no response, the offer is deemed declined.

V. COMMUNICATION AND INFORMATION SHARING

A. Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Email
☐ Text message
☐ Co-parenting application (OurFamilyWizard, Talking Parents, or similar)
☐ Other: [________________________________]

All communication shall be respectful, business-like, and child-focused. Each parent shall respond to non-emergency communications within twenty-four (24) hours.

B. Parent-Child Communication

The parent not exercising parenting time may have daily phone or video contact with the child(ren) at [________________________________] for up to [____] minutes. The parent with physical custody shall facilitate this contact and ensure privacy.

C. Access to Records

Both parents shall have full and equal access to the child(ren)'s:

• School records, online portals, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity schedules and communications
• Child care provider information

Both parents shall be listed as emergency contacts and authorized for pick-up at school and child care.

D. Notification Requirements

Each parent shall promptly notify the other (within 24 hours) of:

• Medical emergencies, serious illness, or hospitalization
• School disciplinary actions or behavioral concerns
• Accidents or injuries requiring medical attention
• Contact with the Department of Children and Families (DCF)
• Contact with law enforcement involving the child(ren)
• Changes in address, telephone number, or employment
• Introduction of a new residential partner

VI. PARENTING EDUCATION PROGRAM

Pursuant to Conn. Gen. Stat. § 46b-69b, both parents are required to participate in the court-approved Parenting Education Program within sixty (60) days of the filing of the underlying action. This program is designed to educate parents on the impact on children of the restructuring of families.

• Parent A: ☐ Completed (Date: [__/__/____], Provider: [________________________________]) ☐ Enrolled ☐ Waiver requested
• Parent B: ☐ Completed (Date: [__/__/____], Provider: [________________________________]) ☐ Enrolled ☐ Waiver requested

VII. FAMILY RELATIONS DIVISION REFERRAL

☐ The parties have participated in conciliation through the Family Relations Division of the Connecticut Superior Court pursuant to Conn. Gen. Stat. § 46b-56a(c).

☐ The parties request referral to the Family Relations Division for:
☐ Conciliation conference
☐ Mediation
☐ Custody evaluation (issue-focused or comprehensive)

☐ The Family Relations Division has issued recommendations dated [__/__/____], which the parties:
☐ Accept and incorporate herein ☐ Accept in part ☐ Do not accept

VIII. RELOCATION PROVISIONS

Pursuant to Conn. Gen. Stat. § 46b-56d:

1. Notice Requirement. Either parent intending to relocate shall provide written notice to the other parent at least sixty (60) days before the proposed relocation date. The notice shall include: the proposed new address, the reason for the move, a proposed revised parenting schedule, and the child(ren)'s proposed new school, if applicable.

2. Burden of Proof. The relocating parent bears the burden of proving by a preponderance of the evidence that: (a) the relocation is for a legitimate purpose; (b) the proposed location is reasonable in light of such purpose; and (c) the relocation is in the best interests of the child.

3. Factors. The court shall consider the factors set forth in § 46b-56d(b), including each parent's reasons for seeking or opposing the relocation, the quality of each parent-child relationship, the impact on future contact, and the feasibility of preserving the nonrelocating parent's relationship through suitable access arrangements.

4. Status Quo. Until a court order is entered or the parties reach written agreement, the existing parenting schedule shall remain in effect and the parent shall not relocate with the child(ren).

IX. DOMESTIC VIOLENCE DISCLOSURE

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

☐ Neither parent has a history of family violence or restraining orders.

☐ The following history of family violence or protective orders is disclosed:
[________________________________]

Note: Under Connecticut law, evidence of domestic violence is a factor in custody determinations. The joint custody presumption under § 46b-56a(b) applies only "where the parents have agreed" to joint custody. The court retains discretion to deny joint custody even where both parents agree if it is not in the child's best interests.

X. ADDITIONAL PROVISIONS

A. Non-Disparagement

Neither parent shall make negative, denigrating, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the child(ren)'s presence or hearing. Neither parent shall allow others to do so.

B. Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during parenting time or within twelve (12) hours before the start of parenting time. Neither parent shall smoke tobacco or use e-cigarettes in the presence of the child(ren) or in enclosed spaces where the child(ren) will be present.

C. Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked safe or container with ammunition stored separately, inaccessible to the child(ren), in compliance with Conn. Gen. Stat. § 29-37i (safe storage requirements).

D. New Residential Partners

Neither parent shall permit a romantic partner to reside in the same household as the child(ren) until:
☐ Thirty (30) days' written notice to the other parent
☐ The relationship has been established for at least [____] months
☐ No restriction beyond notice requirement
☐ Other: [________________________________]

E. Consistency and Cooperation

Parents shall make reasonable efforts to maintain consistent rules, discipline, bedtimes, and homework expectations across households. Parents shall cooperate to ensure the child(ren)'s belongings, medications, school materials, and comfort items travel between homes.

F. Parental Alienation Prohibited

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent, interfere with the child(ren)'s communications with the other parent, use the child(ren) as messengers or intermediaries, or share age-inappropriate information about the legal proceedings.

XI. MODIFICATION AND REVIEW

1. Annual Review. The parents agree to review this Agreement annually and discuss any necessary adjustments in light of the child(ren)'s changing developmental needs.

2. Modification. This Agreement may be modified only by: (a) written agreement of both parents filed with and approved by the Court; or (b) court order upon motion by either parent demonstrating a material change in circumstances pursuant to Conn. Gen. Stat. § 46b-56 and Borkowski v. Borkowski, 228 Conn. 729 (1994).

3. Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force.

4. Entire Agreement. This Agreement, once approved by the Court, constitutes the entire understanding of the parties regarding custody and supersedes all prior agreements on this subject.

XII. EXECUTION

The undersigned parties acknowledge that they have read this Agreement in its entirety, understand its terms, and enter into it voluntarily. Each party has had the opportunity to consult with independent legal counsel licensed in the State of Connecticut.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COUNSEL FOR PARENT A:

Signature: _________________________________

Name: [________________________________], Juris No. [____]

Date: [__/__/____]

COUNSEL FOR PARENT B:

Signature: _________________________________

Name: [________________________________], Juris No. [____]

Date: [__/__/____]

ORDER OF THE COURT

The foregoing Joint Custody Agreement and Parental Responsibility Plan having been submitted to the Court, and the Court having reviewed the same and finding that joint custody is in the best interests of the minor child(ren) pursuant to Conn. Gen. Stat. § 46b-56 and § 46b-56a, it is hereby:

ORDERED that the Joint Custody Agreement and Parental Responsibility Plan is APPROVED and INCORPORATED as an order of this Court.

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 (16 factors)
• Conn. Gen. Stat. § 46b-56a — Joint custody; definition; presumption where parents agree; parental responsibility plan; conciliation; modification
• Conn. Gen. Stat. § 46b-56b — Presumption re best interest of child to be in custody of parent
• Conn. Gen. Stat. § 46b-56d — Relocation of parent with minor child; burden of proof; factors considered by court
• Conn. Gen. Stat. § 46b-69b — Parenting education program (mandatory in dissolution and custody proceedings)
• Conn. Gen. Stat. § 46b-115 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Conn. Gen. Stat. § 29-37i — Safe storage of firearms
• Connecticut Practice Book § 25-62 — Guardian ad Litem; § 25-62a — Attorney for Minor Children
• Borkowski v. Borkowski, 228 Conn. 729, 638 A.2d 1060 (1994) — Standard for modification
• Connecticut Judicial Branch, Family Services Division: https://jud.ct.gov/CSSD/familysvcs.htm