Gay & Lesbian Advocates & Defenders

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Questions & Answers

Marriage & Civil Unions

Can same-sex couples marry in Connecticut?

On October 10, 2008, the Connecticut Supreme Court ruled in GLAD’s case Kerrigan & Mock v. Department of Public Health that same-sex couples have the right to marry. Learn More. The ruling will go into effect November 12. See our publication How to Get Married in Connecticut for more information..

In August 2004, GLAD, in co-operation with New Haven attorney Maureen Murphy, attorneys Kenneth Bartschi and Karen Dowd of Horton, Shields & Knox in Hartford, and the American Civil Liberties Union of Connecticut, filed suit in New Haven Superior Court on behalf of seven gay and lesbian couples from across Connecticut who were denied marriage licenses.  The lawsuit, Kerrigan & Mock v. Department of Public Health, seeks marriage equality for same-sex couples in Connecticut.  In June 2006, the superior court judge ruled that exclusion of same-sex couples from marriage did not violate the Connecticut constitution.  This decision was appealed to the Connecticut Supreme Court where oral arguments were held on May 14, 2007. 

In April 2005 the Connecticut General Assembly passed “An Act Concerning Civil Unions” (Public Act 05-10—more about this law below).  Although GLAD sees this as a constructive first step toward full equality for same-sex couples in Connecticut, GLAD is still committed to achieving marriage equality in Connecticut through its lawsuit described above.

Can Connecticut same-sex couples get married anywhere?

Yes.  In May of 2004, as a result of a landmark victory by GLAD, Massachusetts became the first state to allow same-sex couples to legally marry.  Although Massachusetts does not have a residency requirement for marriage, the former Massachusetts Governor revived an old 1913 law to prevent most out-of-state same-sex couples from marrying unless they indicated an intent to reside in Massachusetts, including same-sex couples from Connecticut. 

However, on July 31, 2008 Governor Patrick signed into law a bill that repealed this so-called “1913 law,” and effective immediately on that date same-sex couples from anywhere in the country or world can legally marry in Massachusetts without having an intent to reside in Massachusetts.

Is there anywhere else that we can get married?

Yes, currently both California and Canada allow same-sex couples to marry.  For information about California see the publication, How to Marry in California.  For information about Canada see GLAD’s publication, What Do I Need to Know About Getting Married in Canada?.

In addition, the Netherlands, Belgium, Spain, South Africa and Norway allow same-sex couples to marry, but for the most part each of these countries has requirements that make it difficult for non-citizens to marry.

If we marry in Massachusetts, California or another country, will Connecticut respect our marriage?

The Attorney General of Connecticut has issued an opinion suggesting that in light of the definition of marriage as being between one man and one woman in Connecticut law, Connecticut will not recognize legal marriages performed in Massachusetts or foreign countries.  GLAD believes that the Attorney General’s opinion is wrong and ignores long-established principles of Connecticut law that a marriage that is valid where celebrated is valid in Connecticut.  Ultimately, this will be decided by the courts.

In the meantime, it is likely that the government entities throughout Connecticut will follow the Attorney General’s opinion.  Private entities, including employers, are not bound by it, however, and may freely accord out-of-state marriages the respect they are due.

Can same-sex couples obtain any legal recognition of their relationships in Connecticut?

Yes.  Connecticut has joined Vermont as the second state to allow same-sex couples to enter into a civil union, which is a legal status parallel to civil marriage at the state law level.  Without any compulsion from a court, the state legislature passed a law, “An Act Concerning Civil Unions,” that was signed by the Governor on April 20, 2005 and became effective October 1, 2005.  Civil Unions provide all the benefits, protections and responsibilities that are granted to a spouse under state law.45

GLAD has prepared a publication Connecticut Civil Unions that has detailed information about the following questions:

  • What is a civil union?
  • When will Connecticut civil unions be available?
  • What is the difference between marriage and civil unions?
  • Who can get a Connecticut civil union?
  • Do we need a Connecticut civil union if our relationship is already recognized elsewhere?
  • How do we get a Connecticut civil union?
  • What are some things we should consider before entering into a Connecticut civil union?
  • What protections do we gain from a Connecticut civil union?
  • Are there any limitations to a Connecticut civil union?
  • What does the amendment in the Civil Union Law defining marriage as between a man and woman mean?
  • How will a Connecticut civil union affect my children?
  • Will I be able to get health insurance through my employer for my Connecticut civil union spouse?
  • Can a Connecticut civil union couple file a joint tax return?
  • If we get a Connecticut civil union will we be able to get married later?
  • How do I get out of a Connecticut civil union?

Legal Protections for Same-Sex Couples

Without getting a civil union, what steps can a couple take to legally safeguard their relationship in Connecticut?

There are far more modest steps available to people who seek certain limited legal protections and do not desire a civil union.

  1. Relationship Agreement or Contract: In 1987, the Connecticut Supreme Court ruled that an agreement between an unmarried heterosexual couple to share their earnings and the fruits of their labor was an express contract which could be enforced according to the ordinary rules of contract when the couple separated.46 There is every reason to believe that the same result will apply to the contract of a same-sex couple.  While the court held that contracts could be oral or in writing, this ruling provides great incentive for couples to sort out their affairs in writing before a separation.
  2. Document Designating a Non-Legally Related Adult to Have Certain Rights and Responsibilities: Connecticut recently adopted a new set of laws, in effect as of October 1, 2002,47 that allows an adult, known as the designator, to name another adult of either sex, known as the designee, to make certain decisions on her or his behalf, or giving the designee certain rights or responsibilities. The protections this law provides fall far short of those associated with marriage, but they may provide some peace of mind for couples under a narrow set of circumstances.

    To make this designation, the designator must sign, date and acknowledge a document before a notary public and two witnesses.  The designator can revoke the document at any time by destroying the document or by executing a new document.48 The designation document must be honored in the following circumstances:

    • In The Workplace: An employer must notify an employee of an emergency phone call concerning the employee’s designee.49
    • In Court And Administrative Proceedings Involving Crime Victims: The designee of a homicide victim is granted employment protection for missing work in order to attend the court proceedings.50> The designee is also entitled to request and receive advance notice of the terms of plea agreements with the perpetrator,51 to make a statement in court prior to the sentencing of the perpetrator, and to make a statement at parole hearings of the perpetrator.  The designee, if wholly or partly dependent on the deceased person’s income, may seek compensation from the Office of Victim Services.52
    • In Health Care Settings: With regard to end-of-life decisions, a doctor must attempt to determine the patient’s wishes.  If a patient’s wishes are not written in a living will, the designee is among those with whom the doctor must consult regarding the removal of life support.53 The doctor must record any such communications with a designee in the patient’s medical record.54 Before removing life support, the doctor must make reasonable efforts to notify the patient’s designee.55 In addition, the designee has priority in making anatomical gifts on behalf of a deceased designator over all representatives or family members with the exception of a surviving spouse.56
    • In Psychiatric Hospitals: The designee is among the list of people who may consent to medical or surgical procedures for involuntarily committed psychiatric patients who are unable to consent themselves.57
    • In Nursing Homes: The act entitles the designee to (1) receive advance notice of involuntary, non-emergency room transfer, including Medicaid patients’ transfer into non-private rooms; (2) participate in any consultations prior to any contested transfer; (3) private visits with the patient; and (4) meet in the facility with family members of other patients.58

    Other documents, discussed below, allow same-sex partners to share financial, medical, and end of life decisions.  The rights and responsibilities to which the designee is entitled under Public Act 02-105 overlap with some of those set forth in the documents discussed below.  It is unclear how the law will handle these potential conflicts, and therefore any preference for who should carry out specific obligations should be clearly noted in all relevant documents.
  3. Power of Attorney: Any competent person may appoint another person as his or her “attorney-in-fact” for financial matters and health care or personal matters, in the event the one becomes incapacitated or disabled.59

    The law provides a “short form” which allows a person to check off the kinds of transactions he or she would want the “attorney-in-fact” to perform in his or her place.  These include (a) real estate matters; (b) chattel and goods transactions; (c) bond, share and commodity transactions; (d) banking transactions; (e) business operating transactions; (f) insurance transactions; (g) estate transactions; (h) claims and litigation; (i) personal relationships and affairs; (j) benefits from military service; (k) records, reports and statements; (l) health care decisions; and (m) all other matters designated by the individual.60

    Note that the “attorney-in-fact” may make health care decisions and thus serve as a voice for securing medical treatments already determined by the declarant.  However, the power of the “attorney-in-fact” does not extend to decisions concerning engagement or withdrawal of life support.  That responsibility lies with a “health care agent” (see below) or a designee under Public Act 02-105, unless set forth in a living will.

    It is not clear if the “attorney-in-fact” receives priority for visiting a person in the hospital, so it is important to state whether you want such a preference given in the power of attorney or another document.

    The power of attorney can become effective immediately, or upon your disability (called a “springing” power of attorney, because it springs into being upon disability), and it can have a short termination date, long termination date, or no termination date. It should be witnessed by two disinterested individuals and notarized.  The notary may also serve as a witness.  The power of attorney must stay in possession of the “attorney-in-fact.”


  4. Health Care Agent: A person age 18 or over may appoint another person to act as his or her health care agent and thereby state his or her wishes regarding termination of life support, preferences for types of medical care, or limits on the agent’s authority for end-of-life issues.61 Absent a living will, the attending physician will consult the health care agent, the next of kin, the patient’s designee under Public Act 02-105, or any other person knowledgeable of the patient’s wishes.62 The agent’s designation can be revoked at any time by creating a new document or by a clear expression of revocation.  A copy of the appointment of a health care agent must be given to a person’s attending physician.
  5. Appointment of Conservator: Before an individual adult becomes disabled or incompetent, he or she may also designate in writing one or more persons to act as a conservator of his person or estate or both for when the adult is found incapable of managing his or her own affairs.63 These documents must be treated with the same formality as wills.  See generally Conn. Gen. Stat. sec. 45a-645 (b).  The appointment of a conservator takes precedence over an attorney-in-fact, health care agent or designee under the new act.64 A person may also nominate a conservator in accord with the form provided by statute.65 Note that all nominations are subject to the scrutiny of the probate court at the time a person is deemed incapable or incompetent.
  6. Will: Without a will, a deceased unmarried person’s property passes to: (1) his or her children; (2) his or her family or (3) if next-of-kin cannot be located, to the state.  If the person wishes to provide for others, such as his or her partner, a will is essential.  Even if a person has few possessions, he or she can name in the will who will administer his or her estate.66

    In addition, if a person has children, he or she can nominate the future guardian and “trustee for asset management” of the child in the will.  That nomination will be evaluated by the Probate Court.

  7. Transfer of Car Ownership to Surviving Partner: Under Public Act 02-105, a car owner may designate, on the car’s registration, a beneficiary to assume ownership of the car upon the death of the owner.67
  8. Funeral Planning Documents: Upon death, a person’s body is given to their spouse or their next-of-kin.68 This can mean that a person’s own partner has no right to remove the body, write an obituary, or make plans for a final resting place.  To avoid that problem, you can create a document (witnessed and notarized) that designates the person you want to be able to have custody and control of your remains.69 (Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions to the person you want to take care of matters, as well as to family).
  9. Summary: Some attorneys, particularly if a person is naming the same individual as responsible for his or her welfare, have wrapped together many of the above protections (except the relationship contract, will and the designation under Public Act 02-105) into a document entitled:  “Health Care Instructions, Appointment of Health Care Agent, Appointment of Attorney in Fact for Health Care Decisions, Designation of Conservator for Future Incapacity and Document of Anatomical Gift.” It seems likely that the designation under Public Act 02-105 may also be incorporated into such a comprehensive document.

Does a person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.  Although forms are available, the form may not be suited to your individual needs and wishes.  Moreover, attorneys may be able to help effectuate your goals, for example, by drafting a will in a way which is more likely to deter a will contest by unhappy family members, or an appointment of a health care agent with very specific instructions.  In addition, an attorney may help to navigate the legal uncertainties flowing from the areas of overlap between these documents.

If a couple separates, what is the legal status of these documents?

Upon separation, the terms of a Relationship or Partnership Agreement/Contract will come into play if the couple has one.  If a couple has a civil union, divorce laws apply, and any such agreements will be treated the same as agreements between married couples.  Absent a civil union or an agreement, couples can get involved in costly and protracted litigation about property and financial matters but without the divorce system to help them sort through it.

If a person has changed his or her mind about who should be his or her “attorney-in-fact,” or health care agent, or beneficiary or executor under a will, or funeral planner, or conservator, or designee under Public Act 02-105, those documents should be revoked, with notice to all persons who were given copies of those documents, and new documents should be prepared which reflect the person’s present wishes.

Domestic Partnership

What is domestic partnership?

Although it is a term used in many contexts, it most often means a status which recognizes an unmarried couple and their children as a family for certain limited purposes.  In the workplace context, domestic partnership plans allow an employee to obtain certain fringe benefits for his or her partner, which were previously limited to married spouses.  Some states, cities and towns have also enacted domestic partner laws.  In other contexts, “domestic partner” is also a shorthand term for family, replacing “lover,” “friend,” and “roommate.” Some people call cohabitation agreements “domestic partner agreements.” See GLAD’s publications on Domestic Partnership for further information.

Does Connecticut provide same-sex domestic partner benefits to state employees?

Yes, as a result of an arbitration case decided recently, state employees (including retirees) with same-sex domestic partners and their dependent children are now eligible for health care and pension benefits under the State Health Benefit Plan and the State Employees Retirement System.70

The process for obtaining coverage is simple.  Contact the Comptroller’s office at (860) 702-3301.  You will need to fill out a domestic partnership affidavit and health insurance change forms.

Can cities and towns in Connecticut provide domestic partner health insurance benefits to their own employees?

Hartford has a domestic partnership ordinance providing a means for couples to register as domestic partners.71

What kinds of domestic partner benefits may private employers provide?

Private employers may provide to domestic partners any benefits they wish—whether health insurance, family medical or bereavement leave, equal pension benefits, relocation expenses, access to company facilities or any other benefit.

Even when employers provide these benefits, though, sometimes federal laws require different tax or other treatment of the benefits for domestic partners as compared to spouses.  For example, an employee must pay income tax on the value of his or her partner’s health insurance benefits, but a spouse does not.72 For pensions, a domestic partner has no right to sign off if his or her partner decides to name someone else as the beneficiary of a pension although a spouse would have that right.

Can I use the state non-discrimination law to force my employer to provide domestic partnership benefits?

That is an open question.  On the one hand, the non-discrimination law says that an employer can’t discriminate on the basis of sexual orientation in terms of compensation, and employee benefits are a form of compensation.  But on the other hand, lawsuits in other states have largely failed with these types of claims on the grounds that all unmarried people—gay and non-gay alike—are barred from benefits, so there is no sexual orientation discrimination. What is clear is that a private employer may provide domestic partner benefits; the only question is whether the employer could be forced to do so through the non-discrimination law.

Adoption

Can a single gay individual adopt a child in Connecticut?

Yes.

Can same-sex partners together adopt a child in Connecticut?

Only if they have a civil union.  A couple with a civil union will be treated under state adoption law as a married couple and must adopt a child as a couple.  A couple who does not have a Connecticut civil union can both become legal parents of a child through a process whereby one adopts, and then the second parent adopts.  A law which became effective October 1, 2000 creates a process for “second parent adoption” whereby an existing parent (biological or adoptive) may agree to the adoption of the child by another person “who shares parental responsibility for the child.”73

What is the advantage of doing a second parent adoption?

A joint or second parent adoption means that the child now has two legal parents for all purposes.  The law will finally reflect the actual family situation, which often gives great comfort and security to everyone involved.

Without an adoption, the non-legal parent needs special permission to seek medical care for the child, or to attend school meetings.  With an adoption, the person is a parent entitled to make decisions for the child in day-to-day and emergency matters.

With an adoption, if one parent dies, the other parent will automatically assume custody of the child without a fight from others.  In addition, the child would have the automatic right to inherit from the deceased parent, even if there is no will, and possibly to collect social security survivor benefits.

Finally, if the couple separates, then the adoption means that both parents have the right to custody and visitation, and any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

Do we need to do a second-parent adoption if we have a civil union?

A child born to a couple with a civil union is presumed to be the child of both members of the couple.  While that is good news, it is still extremely important to adopt because another state might not respect the presumption if the couple moves.  Adoption is a court judgment creating a parent-child relationship and is very likely to be respected by other states, even if these states are otherwise hostile to same-sex couples or parenting.

Miller-Jenkins Sidebar
Relying on a partner’s good will, or even on the fact that a child was born into a civil union, is not the best way to ensure ongoing parental rights of both parents if a couple later separates.  A case in point is Miller-Jenkins v. Miller-Jenkins, 912 A.2d 951 (Vt.,2006), cert. denied, 127 S.Ct. 2130 (2007); Miller-Jenkins v. Miller-Jenkins, 49 Va.App. 88 (2006), cert. denied 128 S.Ct. 1127 (2008). This case has been in litigation since 2004, has involved two state Supreme Courts (Vermont and Virginia), and has already made two trips to the U.S. Supreme Court. Proceedings are ongoing.

In that case, Janet and Lisa had a child while they were in a civil union. Janet did not adopt. After the couple separated, Lisa moved to Virginia and used both the lack of an adoption, and Virginia’s laws hostile to same-sex relationships to thwart Janet’s contact with their daughter. While Virginia is currently deferring to Vermont, legal maneuvering threatens to reopen the issues. For more information, see our listing on Miller-Jenkins in Cases.  GLAD and local counsel represent Janet in the Vermont proceedings.

If same-sex parents raise a child together, but only one is the “legal” parent (because of birth or adoption), then what rights does the other parent have vis-à-vis the child?

As a general matter, the rights of the other parent (non-birth parent or non-adoptive parent) are limited in these circumstances.  Whether the couple obtained a civil union may alter the situation.  If there is no civil union, the law permits persons to petition the Superior Court for visitation but not custody.74 The threshold requirement for a visitation petition is a disruption in a child’s family life.75 As to what “family life” means under the law, see Michaud v. Wawruck.76

Several courts have allowed lesbian co-parents the right to visit with their children following a separation.77 Persons awarded visitation have no obligation to support the child, but a legal parent may accept support which is paid.

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels.  Separating a child from a person who has acted as their parent can be a devastating loss for a child.  Moreover, court proceedings to establish visitation will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged.  See GLAD’s publication: “Protecting Families:  Standards for Child Custody in Same-Sex Relationships.”

Short of joint adoption or second parent adoption, how can a family protect the interests of the child vis-à-vis his or her second parent?

There are a number of steps which can be taken, although none offer the security of a second parent adoption.  Among these are:

Co-parenting Agreement: An agreement setting out the parents’ expectations about each other’s roles, and their plans in the event of separation, disability or death.  While these agreements may not be given effect, they are important indicators of what the couple believed was in the best interests of the child, and thus may be influential (although not binding) on a court.

Wills: The legal parent may nominate a guardian of the child upon the parent’s death.  These wishes are given strong preferences by courts.  Of course, if the child has another legal parent living, then that person would likely have priority over the nominated guardian.

Power of Attorney: This document is signed by the parent and authorizes another person (the “attorney-in-fact”) to make medical or financial decisions for the child (See discussion above).

Custody and Visitation

If I have a child from a former heterosexual relationship, and I am now involved with a same-sex partner, can my “ex” use this against me to deny me custody or visitation of my kids?

This question has never been answered squarely by the Connecticut Supreme Court.  As a practical matter, a parent’s sexual orientation by itself should not be grounds for denying custody or visitation.  A 1988 case decided by a lower court involved a lesbian mother who lost custody of her children to their father, and who was ordered not to have her partner present when the children visited.  But the mother did not appeal those rulings and the only matter to reach the Supreme Court was the issue of the financial obligations imposed on her.78

It is extremely important that you be honest with your lawyer about your personal circumstances.  The information is likely to come to light in any event since a family services officer will be appointed and speak to you, your spouse, your child, and possibly neighbors and people at your child’s school.  If you don’t trust your lawyer with this information, get a new lawyer.

What are the factors for making custody determinations generally?

Upon divorce, the parties may make an agreement about custody and visitation.  If they can’t reach an agreement, a Superior Court judge will make custody and visitation orders based on the “best interests of the child” standard.79 As a general matter, the best interests of the child “include the child’s interests in sustained growth, development, well-being, and continuity and stability of its environment.”80

In all contested cases, the judge will appoint a family relations officer to investigate in order to help the judge arrive at a decision.  The investigation can touch on matters of “parentage and surroundings of any child, his age, habits and history, inquiry into the home conditions, habits and characters of his parents or guardians and evaluation of his mental or physical condition.”81

Are there different kinds of custody?

Yes.  “Joint custody” means an order of legal custody of the child to both parents, which allows them joint decision-making for the child and providing that the child shall have continuing contact with both parents.82 Sole custody means that only one of the parents has those rights.

How is “sexual orientation” used in custody proceedings?

In a divorce or paternity proceeding, a parent may argue that the other parent’s sexual orientation is causing detriment to the child.  Any number of reasons can be cited, such as that the gay or lesbian parent’s sexual orientation is causing other people to tease or ostracize the child, or that the parent is a bad role model.  Or a parent may argue that the ex’s new partner is not good for the child.  In the overwhelming majority of circumstances, these matters can be answered to the satisfaction of a judge in a way which does not penalize the gay parent or the child.

Does it matter if my “ex” knew or suspected I was gay or lesbian before we separated?

Whether or not you come out during the divorce process is a personal decision, but there is little to no benefit in keeping it a secret.  If a spouse did not know of your sexual orientation at the time of the court proceedings but learns it later, he or she may argue that this is a change of circumstances, which affects the child’s best interests, and that the custody issues should be litigated anew.  People can seek to modify court orders for custody when there has been a change in circumstances which alters the child’s best interests. Of course, if your spouse or former heterosexual partner knew of your sexual orientation at the time of the court proceedings establishing custody, a modification petition claiming a “change” would be pointless.83

Can a court keep my kids from visiting when my partner is present?

Courts have the power to do this, but should not do so unless it is clearly in the best interests of the child.  Connecticut courts have rejected the notion that any particular lifestyle, in and of itself, will harm a child and insist instead on proof.

Domestic Violence

What is domestic violence?

Under the law, “family violence” means “an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault...”84 Verbal threats by themselves do not trigger the law’s protections unless there is “a present danger and the likelihood that physical violence will occur.”

Do the domestic violence laws apply to people in same-sex relationships?

In some circumstances.  “Family violence” between family or household members includes, among other things, civil union spouses as well as relationships in which people are or were residing in the same household, people who have a child in common, and people who are in or have recently been in a dating relationship.85

How do I get a court order protecting me from an abusive partner?

You can get a court order from the Family Court, which will prohibit the abuser from coming near you or your home or from harassing you any further.  It will only be issued if the court finds you have been subjected to “a continuous threat of present physical pain and injury.” 86 Orders may be granted on an emergency basis.

The process is intended to be simple.  You may go to court nearest where you live, or if you have just fled your home, in the town where you used to live.  You will need to fill out an application alleging “abuse” as defined above with an affidavit providing the details.  The affidavit is signed under oath, so everything you say must be true. Try to demonstrate in as much detail as possible why you feel threatened.

The defendant/abuser must be served with (given a copy of) the court order and notified of his or her right to contest the order in court.  At that time, both parties often have attorneys.  You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents that can show how you have been harmed and why you are afraid.  Expect to be asked questions by the judge and the attorney for the abuser/defendant.  You have the same right to ask questions.

Once the order is issued, it is effective statewide.  Violation of a court order of which an abuser has notice is a criminal offense.87 After hearing, the court may grant orders of protection up to 6 months in duration, and those orders may later be extended for up to another 6 months at a time.
If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed.  If you don’t show up, it is possible the court will think of you as unreliable if you need legal help in the future.

There is another type of order available as well called a “protective” order.  It is issued automatically when an assailant is arrested and requires no contact to occur between the assailant and victim.

There are other laws that prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

Where can I go to get help?

In addition to the local police, district attorney, and Superior Court you can call:

Connecticut Coalition Against Domestic Violence (CCADV)

(860) 282-7899 or Toll-Free (888) 774-2900

www.ctcadv.org

Connecticut Sexual Assault Crisis Services

(860) 282-9881 or Toll-Free (888) 999-5545

www.connsacs.org

INFOLINE (24 hour hotline) or Toll-Free (800) 203-1234

Connecticut Women’s Education and Legal Fund (CWEALF)

(860) 524-0601 or Toll-Free (800) 479-2949

www.cwealf.org

Does domestic violence play a role in custody decisions?

It may, but there is no law saying that it should.  It is a factor which affects the best interests of the child analysis.

Footnotes

45California provides a registered domestic partnership system which is nearly as comprehensive and New Jersey and Maine provide more limited protections
46Boland v. Catalano, 2002 Conn. 333, 340-41, 521 A.2d 142, 146 (1987)
47Public Act 02-105
48Public Act 02-105, sec. 3(b)
49Conn. Gen. Stat. sec. 31-51jj
50Conn. Gen. Stat. sec. 54-85d
51Conn. Gen. Stat. secs. 1-1k, 54-91c, 54-126a
52Conn. Gen. Stat. sec. 54-201
53Conn. Gen. Stat. sec. 19a-571(a)
54Conn. Gen. Stat. sec. 19a-578(b)
55Conn. Gen. Stat. sec. 19a-580
56Conn. Gen. Stat. sec. 19a-279c(a)
57Conn. Gen. Stat. sec. 17a-543(b)
58Conn. Gen. Stat. sec. 19a-550
59Conn. Gen. Stat. sec. 1-42
60See Conn. Gen. Stat. sec. 1-43(a)
61Conn. Gen. Stat. secs. 19-575a, 578 – 579a
62Conn. Gen. Stat. sec. 19a-571
63Conn. Gen. Stat. sec. 45a-645
64Conn. Gen. Stat. sec. 45a-650 (g)
65Conn. Gen. Stat. sec. 19a-575
66See generally Conn. Gen. Stat. secs. 45a-433 – 45a-439
67Conn. Gen. Stat. sec. 14-16
68Conn. Gen. Stat. sec. 45a-318
69Conn. Gen. Stat. sec. 45a-318
70See Connecticut v. SEBAC, slip. op., Interest Arbitration, Jan. 31, 2000
71Hartford, CT Municipal Code, Chap. 2, Art. III, sec. 2-63 (2000)
72See Internal Revenue Code, Private Letter Ruling 9603011 (Jan. 19, 1996)
73Public Act 00-228, amending Conn. Gen. Stat. sec. 45a-724
74Conn. Gen. Stat. sec. 46b-59
75Castagno v. Wholean, 239 Conn. 336 (1996)
76209 Conn. 404 (1988)(“traditional models of the nuclear family have come. . . to be replaced by various configurations. . . and we should not assume that the welfare of children is best served by a narrow definition of those who we permit to continue to manifest their deep concern for the child’s growth and development”)
77See e.g. Antonucci v. Cameron, 25 Conn. L. Rptr. 509 (Conn. Super. Ct. Dept., Sept. 24, 1999)(allowing visitation to lesbian co-parent where visitation is in the best interests of the child); Laspina-Williams v. Laspina-Williams, 46 Conn. Supp. 165, 742 A.2d 840 (1999)(denying motion to dismiss of biological mother in co-parent visitation case)
78Charpentier v. Charpentier, 206 Conn. 150, 536 A.2d 948 (1988)
79Conn. Gen. Stat. sec. 46b-56(b)(1)
80Cappetta v. Cappetta, 196 Conn. 10, 16, 490 A.2d 996 (1985)
81Conn. Gen. Stat. sec. 46b-6
82Conn. Gen. Stat. sec. 46b-56a
83See generally, Conn. Gen. Stat. sec. 46b-56
84Conn. Gen. Stat. sec. 46b-38a(1)
85Conn. Gen. Stat. sec. 46b-38a(2)
86Conn. Gen. Stat. sec. 46b-15
87See generally, Conn. Gen. Stat. sec. 46b-15 (c)
88Conn. Gen. Stat. sec. 46b-15(d)

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