Connecticut Temporary Custody Agreement

TEMPORARY CUSTODY AGREEMENT

(Pendente Lite / Interim Custody Arrangement)

State of Connecticut Superior Court — Family Division

Judicial District of [________________________________]

Docket No.: [________________________________]

[________________________________] (Plaintiff/Petitioner)

v.

[________________________________] (Defendant/Respondent)

STATUTORY FRAMEWORK

This Temporary Custody Agreement ("Agreement") is submitted pursuant to Conn. Gen. Stat. § 46b-56(a), which provides that "at any time after the return day of any complaint under section 46b-45, the court may make or modify any proper order regarding the custody, care, education, visitation and support of the children." This Agreement establishes interim custody arrangements pending final resolution of the underlying proceeding.

Connecticut Procedural Context:

• In Connecticut dissolution proceedings, temporary (pendente lite) orders are typically sought by filing a Motion for Orders Before Judgment (Connecticut Judicial Branch Form JD-FM-176).
• Connecticut Practice Book § 25-5 provides for automatic orders that take effect upon service of the complaint, including restrictions on removal of children from the state and changes to insurance coverage.
• Under Conn. Gen. Stat. § 46b-83, the court may award temporary custody, support, alimony, and use of the family home pendente lite.
• This Agreement, if filed by stipulation, serves as an alternative to a contested pendente lite hearing.

I. IDENTIFICATION OF THE PARTIES AND CHILDREN

Parent A:

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

Parent B:

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

Nonparent Temporary Custodian (if applicable):

• Full Legal Name: [________________________________]
• Relationship to Child(ren): [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]

Minor Child(ren):

II. NATURE AND DURATION OF TEMPORARY ARRANGEMENT

A. Reason for Temporary Custody

This temporary arrangement is necessitated by:

☐ Pending dissolution of marriage (filed [__/__/____])
☐ Pending legal separation (filed [__/__/____])
☐ Pending custody petition — unmarried parents (filed [__/__/____])
☐ Pending motion for modification of existing custody order
☐ Emergency circumstances — parent's medical condition or hospitalization
☐ Military deployment of a parent (Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq.)
☐ Parent's temporary incapacity or absence
☐ DCF involvement or safety concern requiring interim arrangement
☐ Other: [________________________________]

B. Duration

This Agreement shall remain in effect from [__/__/____] until the earliest of:

1. Entry of a final judgment or permanent custody order by the Connecticut Superior Court;
2. Written agreement of the parties to supersede this Agreement, filed with and approved by the Court;
3. Court order modifying or vacating this Agreement;
4. [__/__/____] (specific end date, if applicable); or
5. Occurrence of the following event: [________________________________]

C. Temporary Nature Acknowledged

The parties acknowledge that this Agreement is explicitly temporary and interim. It does not establish permanent custody rights and shall not create any presumption regarding the final custody determination. Pursuant to Conn. Gen. Stat. § 46b-56(c)(8), the court may consider "the length of time that the child has lived in a stable, satisfactory environment" in the final custody determination. Both parties are aware that the temporary arrangement may be considered by the Court in that context.

III. TEMPORARY CUSTODY ARRANGEMENT

A. Type of Temporary Custody

☐ Option 1: Temporary Sole Custody to One Parent

[________________________________] ("Temporary Custodial Parent") shall have temporary sole physical and legal custody of the child(ren). The other parent shall have access as set forth in Section IV.

☐ Option 2: Temporary Joint Custody Between Parents

Both parents shall share temporary joint legal custody. Physical custody shall follow the schedule in Section IV. Major decisions require mutual agreement per the protocol in Section V.

☐ Option 3: Temporary Physical Custody to One Parent, Joint Legal Custody

[________________________________] shall have temporary primary physical custody. Both parents shall share joint legal custody for major decisions. The other parent shall have access as set forth in Section IV.

☐ Option 4: Temporary Custody to Nonparent Custodian

[________________________________] ("Temporary Custodian") shall have temporary physical custody and limited decision-making authority as specified in Section V. The parent(s) retain legal custody for major decisions.

Connecticut-Specific Note: Under Conn. Gen. Stat. § 46b-56b, there is a presumption that it is in the best interest of the child to be in the custody of a parent. Custody to a nonparent must overcome this presumption.

B. Residence During Temporary Period

The child(ren) shall reside primarily at: [________________________________]

☐ The child(ren) shall remain enrolled in their current school.
☐ The child(ren) shall transfer to: [________________________________]
☐ No school change during the temporary period.

IV. TEMPORARY PARENTING TIME / ACCESS SCHEDULE

A. Regular Schedule

For the parent who does not have primary custody during this temporary period (or for the shared schedule):

☐ Standard Temporary Access:

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek visit: [________________________________] from [____] to [____]
  ☐ With overnight ☐ Without overnight

☐ Expanded Temporary Access:

• Alternating weekends: Friday at [____] to Monday morning school drop-off
• Two midweek visits: [________________________________] and [________________________________] from [____] to [____]
  ☐ With overnights ☐ Without overnights

☐ Shared Custody Schedule:
[________________________________]
[________________________________]

☐ Supervised Access:

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: ☐ Supervised visitation center ☐ Family Relations Division ☐ With approved supervisor: [________________________________]
• Conditions: [________________________________]

☐ Custom Schedule:
[________________________________]

B. Holiday Schedule During Temporary Period

☐ Holidays shall follow the schedule in the attached Appendix A.

☐ The following abbreviated holiday schedule shall apply during the temporary period:

☐ No special holiday schedule; regular temporary schedule applies.

C. Exchange Arrangements

Exchange Location:
☐ Child(ren)'s school
☐ Parent A's residence
☐ Parent B's residence
☐ Neutral public location: [________________________________]
☐ Police station or safe exchange site: [________________________________]

Transportation:
☐ Receiving parent picks up
☐ Delivering parent drops off
☐ Shared: [________________________________]
☐ Third party: [________________________________]

V. TEMPORARY DECISION-MAKING AUTHORITY

A. If Temporary Joint Legal Custody:

Both parents shall consult in good faith on major decisions. If they cannot agree:

1. The matter shall be referred to the Family Relations Division for an expedited mediation or conference; or
2. Either parent may file a motion with the Court for an emergency order.

B. If Temporary Sole Legal Custody:

The Temporary Custodial Parent has authority over all major decisions. The other parent shall be informed of major decisions when practicable.

C. If Temporary Custody to Nonparent:

D. Power of Attorney for Nonparent Custodian

☐ Not applicable (custody is between parents).

☐ A separate Power of Attorney for Care of Minor Child is attached or to be executed, authorizing the Temporary Custodian to:
☐ Enroll the child(ren) in school
☐ Consent to routine medical care
☐ Access school and medical records
☐ Other: [________________________________]

VI. COMMUNICATION DURING TEMPORARY PERIOD

A. Parent-Child Communication

The parent(s) not exercising physical custody shall have regular communication with the child(ren):

• Method: ☐ Phone ☐ Video call ☐ In person ☐ Written correspondence
• Frequency: ☐ Daily ☐ Every other day ☐ [________________________________]
• Time: [________________________________]
• Duration: Up to [____] minutes

The custodial parent or Temporary Custodian shall facilitate this communication and shall not monitor, interfere with, or restrict it (unless a court order provides otherwise).

B. Parent-to-Parent / Party Communication

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

C. Updates and Reporting

The party with physical custody shall provide the other party with:

• Weekly updates on the child(ren)'s health, activities, and well-being
• Prompt notification of illness, injury, or emergency
• Copies of school reports and communications
• Copies of medical records and reports
• Notification of any contact with DCF or law enforcement

VII. AUTOMATIC ORDERS — PRACTICE BOOK § 25-5

The parties acknowledge that the following automatic orders are in effect upon service of the family relations complaint, pursuant to Connecticut Practice Book § 25-5:

☐ Neither party shall permanently remove the minor child(ren) from the State of Connecticut without written consent of the other party or a court order.

☐ Neither party shall cause the other party or the child(ren) to be removed from coverage under any existing insurance policy, including medical, dental, life, automobile, and homeowner's insurance.

☐ Neither party shall change the beneficiaries of any existing insurance policy on the life of either party or the child(ren).

☐ All currently existing restraining orders remain in effect.

VIII. PARENTING EDUCATION PROGRAM

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

Note: The Parenting Education Program is mandatory and must be completed within sixty (60) days of the return date. Failure to comply may result in a finding of contempt.

IX. FAMILY RELATIONS DIVISION

☐ The parties have attended a Family Relations conference.
☐ Family Relations mediation is scheduled for [__/__/____].
☐ A Family Services evaluation has been requested or ordered.
☐ No Family Relations involvement to date.

Connecticut-Specific Note: The Family Relations Division of the Superior Court provides free mediation and conciliation services. In contested custody matters, the Court may refer the parties to Family Services for an issue-focused or comprehensive custody evaluation. Family Relations counselors are court employees who assess the family situation and provide recommendations to the Court.

X. ATTORNEY FOR MINOR CHILDREN / GUARDIAN AD LITEM

☐ An Attorney for the Minor Child(ren) ("AMC") has been appointed: [________________________________] (Juris No. [____])
☐ A Guardian ad Litem ("GAL") has been appointed: [________________________________]
☐ No AMC or GAL appointed. ☐ The parties request appointment of: ☐ AMC ☐ GAL
☐ The Court has appointed an AMC/GAL on its own motion.

XI. FINANCIAL PROVISIONS DURING TEMPORARY PERIOD

A. Child Support

☐ Temporary child support shall be addressed in a separate pendente lite order (Form JD-FM-176).
☐ Parent [________________________________] shall pay temporary child support of $[________________________________] per [________________________________], consistent with the Connecticut Child Support Guidelines (Conn. Gen. Stat. § 46b-215a et seq.).
☐ No temporary child support at this time.

B. Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren) during the temporary period. (Automatic orders under Practice Book § 25-5 prohibit removal of insurance coverage.)

C. Unreimbursed Medical Expenses

Unreimbursed medical expenses during the temporary period shall be:
☐ Shared equally
☐ Allocated proportionally: Parent A [____]% / Parent B [____]%
☐ Paid by: [________________________________]

D. Child-Related Expenses

Expenses for the child(ren)'s existing activities, school supplies, and other necessities shall be:
☐ Paid by the parent incurring the expense during that parent's parenting time
☐ Shared: [________________________________]
☐ Other: [________________________________]

E. If Custody to Nonparent Custodian

☐ Parent(s) shall pay the Temporary Custodian $[________________________________] per [________________________________] toward the child(ren)'s expenses.
☐ Parent(s) shall continue to pay directly for: [________________________________]
☐ The Temporary Custodian assumes day-to-day expenses with no reimbursement.

XII. DOMESTIC VIOLENCE AND SAFETY

☐ No domestic violence issues exist.

☐ The following safety provisions apply:

• Restraining order in effect: ☐ Yes (Docket No. [________________________________]) ☐ No
• Supervised exchange required: ☐ Yes ☐ No
• Conditions on 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." Safety concerns shall be given paramount consideration in this temporary arrangement.

XIII. TRANSITION TO PERMANENT ORDERS

A. If Parent Returns / Circumstances Resolve

If this temporary arrangement was necessitated by a parent's temporary absence (deployment, medical treatment, etc.), the following transition plan shall apply upon that parent's return:

☐ Immediate resumption of pre-temporary custody arrangement.

☐ Graduated transition over [____] weeks:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3+: Full resumption of prior arrangement or new agreed schedule.

☐ The parties shall negotiate a new arrangement and file a stipulation with the Court.

B. If Permanent Orders Are Entered

Upon entry of a final judgment or permanent custody order, this Agreement shall be superseded in its entirety.

XIV. DEFAULT AND ENFORCEMENT

A. Events of Default

1. Interference with the other party's access or communication rights
2. Failure to return the child(ren) at the scheduled time
3. Unauthorized relocation of the child(ren) (in violation of automatic orders or this Agreement)
4. Violation of any protective order
5. Failure to comply with decision-making requirements
6. Abuse, neglect, or endangerment of the child(ren)

B. Remedies

1. The non-defaulting party may file a Motion for Contempt with the Connecticut Superior Court.
2. The non-defaulting party may seek emergency relief, including an ex parte order.
3. The Court may modify or vacate this temporary arrangement.
4. The Court may award attorney's fees to the non-defaulting party.
5. The defaulting party's conduct may be considered in the final custody determination.

XV. REPRESENTATIONS

Each party represents:

1. This Agreement is entered into voluntarily, without coercion or duress.
2. Each party has had the opportunity to consult with an attorney licensed in Connecticut.
3. Each party has disclosed all material information relevant to the child(ren)'s health, safety, and welfare.
4. This Agreement is in the best interests of the child(ren) during this interim period.
5. Each party understands that this is a temporary arrangement and does not determine permanent custody rights.
6. Each party understands that violation of this Agreement, once approved by the Court, may result in contempt proceedings.
7. No pending DCF investigations, criminal charges, or restraining orders exist that have not been disclosed.

XVI. EXECUTION

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TEMPORARY CUSTODIAN (if applicable):

Signature: _________________________________

Printed Name: [________________________________]

Relationship to Child(ren): [________________________________]

Date: [__/__/____]

COUNSEL FOR PARENT A:

Signature: _________________________________

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

Date: [__/__/____]

COUNSEL FOR PARENT B:

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 Temporary Custody Agreement having been submitted to the Court as a stipulation of the parties, and the Court having reviewed the same and finding that the temporary arrangement serves the best interests of the minor child(ren) pursuant to Conn. Gen. Stat. § 46b-56, it is hereby:

ORDERED that the Temporary Custody Agreement is APPROVED and entered as a temporary (pendente lite) order of this Court, effective [__/__/____], and shall remain in effect until entry of a final judgment, further order of the Court, or written stipulation of the parties approved by the 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; authority for temporary orders
• Conn. Gen. Stat. § 46b-56(a) — Court authority to make or modify orders "at any time after the return day"
• Conn. Gen. Stat. § 46b-56b — Presumption re best interest of child to be in custody of parent
• Conn. Gen. Stat. § 46b-83 — Alimony, support, and use of family home awarded pendente lite
• Conn. Gen. Stat. § 46b-69b — Parenting education program (mandatory; 60-day completion requirement)
• Conn. Gen. Stat. § 46b-115 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Connecticut Practice Book § 25-5 — Automatic orders in family cases
• 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): https://www.jud.ct.gov/webforms/forms/fm176.pdf
• Connecticut Judicial Branch Form FM-149 — Parenting Education Program Order: https://www.jud.ct.gov/webforms/forms/fm149.pdf
• Connecticut Judicial Branch, Family Services Division: https://jud.ct.gov/CSSD/familysvcs.htm
• Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. (if military deployment is involved)