Connecticut Sole Custody Agreement

SOLE CUSTODY AGREEMENT

State of Connecticut Superior Court — Family Division

Judicial District of [________________________________]

Docket No.: [________________________________]

[________________________________] (Plaintiff/Petitioner)

v.

[________________________________] (Defendant/Respondent)

STATUTORY FRAMEWORK

This Sole Custody Agreement ("Agreement") is submitted to the Connecticut Superior Court, Family Division, pursuant to Conn. Gen. Stat. § 46b-56, which authorizes the court to "assign parental responsibility for raising the child to the parents jointly, or may award custody to either parent or to a third party, according to its best judgment upon the facts of the case."

Under Conn. Gen. Stat. § 46b-56b, there is a presumption that it is in the best interest of a minor child to be in the custody of a parent. This Agreement designates one parent as the sole custodian while preserving the noncustodial parent's access rights, consistent with the child(ren)'s safety and welfare.

Note: Connecticut law does not require joint custody. The court may award sole custody where joint custody is not feasible or not in the child(ren)'s best interests. Where family violence has occurred, the court must consider the effect of an abuser's actions on the child under § 46b-56(c)(12).

I. IDENTIFICATION OF THE PARTIES AND CHILDREN

Custodial Parent:

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

Noncustodial Parent:

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

Minor Child(ren):

II. COURT JURISDICTION

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

☐ Dissolution of Marriage (Docket No. [________________________________])
☐ Legal Separation (Docket No. [________________________________])
☐ Custody Petition — unmarried parents (Docket No. [________________________________])
☐ Post-Judgment Modification (Original Docket No. [________________________________])

The Court retains continuing, exclusive jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Conn. Gen. Stat. § 46b-115 et seq.

III. BASIS FOR SOLE CUSTODY

The parties agree, or the Court has determined, that sole custody to the Custodial Parent is in the best interests of the child(ren) for the following reason(s):

☐ The parties agree that sole custody is appropriate given their current circumstances.
☐ History of family violence (Conn. Gen. Stat. § 46b-56(c)(12); protective order under § 46b-15).
☐ Noncustodial Parent's substance abuse issues.
☐ Noncustodial Parent's prolonged absence or unavailability.
☐ Geographic distance making shared custody impracticable.
☐ Inability of parents to cooperate in joint decision-making.
☐ Noncustodial Parent's history of neglect or abuse (§ 46b-56(c)(13)).
☐ Noncustodial Parent's incarceration.
☐ Recommendation of the Family Relations Division (Family Services).
☐ Recommendation of the Attorney for the Minor Child(ren) or Guardian ad Litem.
☐ Other: [________________________________]

Detailed Basis: [________________________________]

IV. SOLE LEGAL CUSTODY

A. Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), including exclusive authority to make all major decisions regarding:

• Education: School enrollment, selection, and changes; special education services, IEPs, and Section 504 plans; tutoring and educational evaluations; school discipline matters; college planning
• Medical and Health Care: Selection of physicians, dentists, and specialists; non-emergency medical, surgical, and dental treatment; ongoing medications; mental health counseling and therapy; elective procedures
• Religious Upbringing: Religious education, practice, and participation in religious ceremonies
• Extracurricular Activities: Enrollment in sports, music, arts, clubs, and other organized activities
• Legal Matters: Authorization of passports, legal proceedings involving the child(ren), consent to marriage (if applicable)
• Travel: Authorization of domestic and international travel

B. Consultation with Noncustodial Parent

☐ The Custodial Parent shall, when practicable, inform the Noncustodial Parent before making major decisions and consider the Noncustodial Parent's input, but the Custodial Parent retains final decision-making authority.

☐ The Custodial Parent is not required to consult with the Noncustodial Parent on any decisions. (Select this option only in cases involving safety concerns, protective orders, or complete absence.)

C. Emergency Decisions

In an emergency, either parent may authorize emergency medical treatment for the child(ren). The parent authorizing treatment shall notify the other parent within twenty-four (24) hours.

V. SOLE PHYSICAL CUSTODY

A. Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at: [________________________________]

The Custodial Parent has authority over the child(ren)'s day-to-day activities, routines, rules, discipline, and care.

B. School Enrollment

The child(ren) shall be enrolled in the school district serving the Custodial Parent's residence:

• School District: [________________________________]
• School Name: [________________________________]

VI. NONCUSTODIAL PARENT'S ACCESS (PARENTING TIME)

A. Type of Access

☐ Standard Access Schedule (Section VI.B)
☐ Expanded Access Schedule (Section VI.C)
☐ Supervised Access (Section VI.D)
☐ Therapeutic Supervised Access (Section VI.E)
☐ Restricted / No Access (Section VI.F)
☐ Graduated Access Schedule (Section VI.G)

B. Standard Access Schedule

• Alternating Weekends: Every other weekend from Friday at [____] to Sunday at [____]

• Midweek Visit: One evening per week ([________________________________]) from [____] to [____]
  ☐ With overnight ☐ Without overnight

• Extended Summer: Two (2) non-consecutive weeks during summer vacation; the Noncustodial Parent shall provide at least thirty (30) days' written notice of preferred dates

C. Expanded Access Schedule

• Alternating Weekends: Every other weekend from Friday at [____] to Monday morning school drop-off

• Midweek Visits: Two evenings per week ([________________________________] and [________________________________]) from after school to [____]
  ☐ With overnight ☐ Without overnight

• Extended Summer: Four (4) weeks during summer (may be consecutive or split); sixty (60) days' advance written notice required

D. Supervised Access

Access shall be supervised due to: [________________________________]

• Frequency: [________________________________]
• Duration: [________________________________] per visit

• Location:
  ☐ Supervised visitation center: [________________________________]
  ☐ In the presence of an approved supervisor: [________________________________]
  ☐ At the Family Relations Division offices

• Supervisor:
  ☐ Professional supervisor (cost borne by: ☐ Noncustodial Parent ☐ Shared ☐ Other: [________________________________])
  ☐ Family Relations counselor
  ☐ Approved family member: [________________________________]

• Conditions:
  ☐ Noncustodial Parent shall submit to random drug/alcohol testing
  ☐ Noncustodial Parent shall complete: [________________________________]
  ☐ Other: [________________________________]

• Review: The supervised access requirement shall be reviewed every [____] months, and the Noncustodial Parent may petition for modification to unsupervised access upon demonstrating compliance with all conditions.

E. Therapeutic Supervised Access

Access shall occur in the context of therapeutic supervision:

• Therapist: [________________________________]
• Frequency: [________________________________]
• The therapist shall report to the Court and/or the Attorney for Minor Child(ren) regarding the child(ren)'s adjustment and the Noncustodial Parent's progress.

F. Restricted / No Access

☐ The Noncustodial Parent shall have no access to the child(ren) at this time due to: [________________________________]

☐ The Noncustodial Parent may petition the Court for reinstatement of access upon demonstrating: [________________________________]

Note: Under Conn. Gen. Stat. § 46b-56b, there is a presumption that custody with a parent is in the child's best interest. Complete denial of access requires compelling evidence that access would be detrimental to the child(ren).

G. Graduated Access Schedule

Access shall increase gradually as follows:

Progression from one phase to the next requires:
☐ Compliance with all conditions during the prior phase
☐ Positive report from the Family Relations Division
☐ Agreement of both parties or court order
☐ Positive assessment from the child(ren)'s therapist
☐ Recommendation of the AMC or GAL

VII. HOLIDAY AND SPECIAL OCCASION SCHEDULE

Holidays supersede the regular access schedule.

Note: If the Noncustodial Parent's access is supervised, holiday access shall also be supervised unless the Court orders otherwise.

VIII. EXCHANGE ARRANGEMENTS

Exchange Location:
☐ The child(ren)'s school
☐ The Custodial Parent's residence
☐ Neutral public location: [________________________________]
☐ Police station or safe exchange site: [________________________________] (for cases involving safety concerns)

Transportation:
☐ The Noncustodial Parent shall pick up and return the child(ren)
☐ The Custodial Parent shall transport the child(ren) to and from the exchange location
☐ Shared: [________________________________]

Exchange Conduct:

• Exchanges shall be brief and civil.
• Neither parent shall engage in confrontational behavior at exchanges.
• If a protective order is in effect, exchange shall occur through a third party or at the designated safe location.

IX. COMMUNICATION

A. Parent-Child Communication

The Custodial Parent shall facilitate reasonable phone and/or video communication between the Noncustodial Parent and the child(ren):

• Frequency: [________________________________]
• Time: [________________________________]
• Duration: Up to [____] minutes
• The Custodial Parent shall not monitor, record, or interfere with such communication.

☐ If a protective order is in effect, communication shall comply with the terms of that order.

B. Noncustodial Parent's Access to Records

Pursuant to Conn. Gen. Stat. § 46b-56(e), the Noncustodial Parent shall have access to the child(ren)'s:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity information

The Custodial Parent shall provide the Noncustodial Parent's contact information to schools and medical providers so the Noncustodial Parent may receive information directly.

☐ Exception: Access to records is restricted due to: [________________________________]

C. Emergency Notification

The Custodial Parent shall notify the Noncustodial Parent within twenty-four (24) hours of:

• Medical emergencies, hospitalization, or emergency room visits
• Serious illness or injury
• Contact with the Department of Children and Families (DCF)
• Contact with law enforcement involving the child(ren)
• School suspensions or expulsions

D. Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Email only
☐ Co-parenting application (OurFamilyWizard, Talking Parents)
☐ Through attorneys
☐ Other: [________________________________]

☐ Direct communication (telephone, text, in-person) is:
☐ Permitted ☐ Limited to emergencies only ☐ Prohibited per protective order

X. PARENTING EDUCATION PROGRAM

Pursuant to Conn. Gen. Stat. § 46b-69b:

XI. FAMILY RELATIONS DIVISION INVOLVEMENT

☐ Family Relations mediation completed
☐ Family Services custody evaluation completed (Date: [__/__/____])

• Type: ☐ Issue-Focused ☐ Comprehensive
• Recommendation: [________________________________]
  ☐ No Family Relations involvement
  ☐ Referral requested for: [________________________________]

XII. ATTORNEY FOR MINOR CHILDREN / GUARDIAN AD LITEM

☐ An Attorney for the Minor Child(ren) ("AMC") has been appointed: [________________________________] (Juris No. [____])

• The AMC's position on sole custody: [________________________________]

☐ A Guardian ad Litem ("GAL") has been appointed: [________________________________]

• The GAL's recommendation: [________________________________]

☐ No AMC or GAL has been appointed.

XIII. DOMESTIC VIOLENCE AND SAFETY PROVISIONS

☐ Not applicable.

☐ The following protective orders or safety provisions are in effect:

• Restraining Order: ☐ Yes (Docket No. [________________________________]; Expiration: [__/__/____]) ☐ No
• Conditions affecting custody or access: [________________________________]

Under Conn. Gen. Stat. § 46b-56(c)(12), the Court must consider "the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child."

Under Conn. Gen. Stat. § 46b-56(c)(13), the Court must consider "whether the child or a sibling of the child has been abused or neglected, as defined in section 46b-120."

XIV. RELOCATION

A. Custodial Parent Relocation

The Custodial Parent may relocate with the child(ren) within the State of Connecticut with sixty (60) days' written notice to the Noncustodial Parent. The notice shall include the new address, reason for the move, and proposed modifications to the access schedule.

Relocation outside Connecticut requires:
☐ Written consent of the Noncustodial Parent; or
☐ Court approval pursuant to Conn. Gen. Stat. § 46b-56d.

Under § 46b-56d, the relocating parent bears the burden of proving: (1) the relocation is for a legitimate purpose; (2) the proposed location is reasonable; and (3) the relocation is in the child's best interests.

B. Noncustodial Parent Relocation

The Noncustodial Parent shall provide thirty (30) days' written notice of any change in address to the Custodial Parent.

XV. ADDITIONAL PROVISIONS

A. Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent in the child(ren)'s presence or hearing, or 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 prior. Neither parent shall smoke or vape in the child(ren)'s presence.

C. Firearms Safety

All firearms shall be stored unloaded, locked, with ammunition stored separately, inaccessible to the child(ren), per Conn. Gen. Stat. § 29-37i.

D. Return of Children

The Noncustodial Parent shall return the child(ren) at the scheduled time and location. Failure to return the child(ren) without reasonable cause is a material breach and may constitute custodial interference under Conn. Gen. Stat. § 53a-97 or § 53a-98.

E. Right of First Refusal

☐ If the Custodial Parent needs child care for more than [____] consecutive hours, the Custodial Parent shall first offer the Noncustodial Parent the opportunity to care for the child(ren).
☐ No right of first refusal.

F. Parental Alienation

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

XVI. MODIFICATION

This Agreement may be modified upon a showing of a material change in circumstances affecting the child(ren)'s best interests, per Conn. Gen. Stat. § 46b-56 and Borkowski v. Borkowski, 228 Conn. 729 (1994). The Noncustodial Parent may petition the Court for modification of custody type (from sole to joint) or for expanded access. The Custodial Parent may petition for restriction of access if circumstances warrant.

XVII. EXECUTION

The undersigned parties acknowledge that they have read this Agreement, 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.

CUSTODIAL PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NONCUSTODIAL PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COUNSEL FOR CUSTODIAL PARENT:

Signature: _________________________________

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

Date: [__/__/____]

COUNSEL FOR NONCUSTODIAL PARENT:

Signature: _________________________________

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

Date: [__/__/____]

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

Signature: _________________________________

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

☐ Concurs ☐ Does not concur (see attached)

Date: [__/__/____]

ORDER OF THE COURT

The foregoing Sole Custody Agreement having been submitted to the Court, and the Court having reviewed the same and finding that sole custody serves the best interests of the minor child(ren) pursuant to Conn. Gen. Stat. § 46b-56, it is hereby:

ORDERED that the Sole Custody Agreement 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; best interests of the child (16 factors)
• 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
• Conn. Gen. Stat. § 46b-69b — Parenting education program
• Conn. Gen. Stat. § 46b-15 — Applications for relief from abuse; protective orders
• Conn. Gen. Stat. § 46b-56(e) — Noncustodial parent's access to records
• Conn. Gen. Stat. § 46b-115 et seq. — UCCJEA
• Conn. Gen. Stat. § 29-37i — Safe storage of firearms
• Conn. Gen. Stat. § 53a-97, § 53a-98 — Custodial interference
• Connecticut Practice Book § 25-62 — Guardian ad Litem
• Connecticut Practice Book § 25-62a — Attorney for Minor Children
• Borkowski v. Borkowski, 228 Conn. 729, 638 A.2d 1060 (1994) — Material change standard
• Connecticut Judicial Branch, Family Services Division: https://jud.ct.gov/CSSD/familysvcs.htm