2011 Connecticut Code
Title 46b Family Law
Chapter 815j Dissolution of Marriage, Legal Separation and Annulment
Sec. 46b-57. (Formerly Sec. 46-47). Third party intervention re custody of minor children. Preference of child.

      Sec. 46b-57. (Formerly Sec. 46-47). Third party intervention re custody of minor children. Preference of child. In any controversy before the Superior Court as to the custody of minor children, and on any complaint under this chapter or section 46b-1 or 51-348a, if there is any minor child of either or both parties, the court, if it has jurisdiction under the provisions of chapter 815p, may allow any interested third party or parties to intervene upon motion. The court may award full or partial custody, care, education and visitation rights of such child to any such third party upon such conditions and limitations as it deems equitable. Before allowing any such intervention, the court may appoint counsel for the child or children pursuant to the provisions of section 46b-54. In making any order under this section, the court shall be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference.

      (P.A. 73-373, S. 17; P.A. 74-169, S. 10, 18; P.A. 78-230, S. 32, 54; 78-318, S. 29; P.A. 03-19, S. 106.)

      History: P.A. 74-169 made minor changes in wording and made appointment of counsel for child or children optional rather than mandatory, substituting "may" for "shall"; P.A. 78-230 restated provisions; P.A. 78-318 qualified court's power to allow third party intervention and to award custody, etc. to third party by adding "if it has jurisdiction under the provisions of chapter 815o"; Sec. 46-47 transferred to Sec. 46b-57 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 03-19 made technical changes, effective May 12, 2003.

      Annotations to former section 46-47:

      Cited. 174 C. 244.

      Cited. 7 CA 720.

      Cited. 33 CS 100.

      Annotations to present section:

      Motion to intervene under statute was barred by absence of controversy; timeliness and "interested third parties" discussed. 185 C. 502. Cited. 193 C. 393. Former intervention not a requirement to a valid order of custody. 196 C. 10. Cited. 235 C. 82. Sec. 46b-56 et seq. cited. 236 C. 582. Cited. 239 C. 336. Cited. 241 C. 767. In order to uphold constitutionality of section, court imposed a standing requirement that a third party allege a parent-like relationship with the child for third party custody awards and third parties seeking intervention in existing custody proceedings. 285 C. 24.

      Cited. 2 CA 132; judgment reversed, see 234 C. 51. Cited. 11 CA 43. Cited. 34 CA 129. Cited. 35 CA 421. Cited. 40 CA 675.

      Cited. 35 CS 237.