Connecticut General Statutes 46b-491 – Commencement of court proceeding to adjudicate claim of de facto parentage of child
(a) A proceeding to establish parentage of a child under this section may be commenced only by a person who: (1) Is alive when the proceeding is commenced; and (2) claims to be a de facto parent of the child.
Terms Used In Connecticut General Statutes 46b-491
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) A person seeking to be adjudicated a de facto parent of a child shall file a petition with the court before the child reaches eighteen years of age. The child is required to be alive at the time of the filing. The petition shall include a verified affidavit alleging facts to support the existence of a de facto parent relationship with the child. The petition and affidavit shall be served on all parents and legal guardians of the child and any other party to the proceeding.
(c) An adverse party, parent or legal guardian may file a pleading and verified affidavit in response to the petition that shall be served on all parties to the proceeding.
(d) The court shall determine on the basis of the pleadings and affidavits whether the person seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de facto parentage as provided in subsection (a) of § 46b-490 and, therefore, has standing to proceed with a parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts that are necessary and material to the issue of standing.
(e) If the child for whom the person is seeking to be adjudicated a de facto parent has two parents at the time the petition is filed and there is litigation pending between the parents at the time the petition is filed regarding custody or visitation with respect to the child, a parent may use evidence that the de facto parent action is being brought to interfere improperly in the pending litigation in order to show that allowing the action to proceed would not be in the child’s best interests. Based on such evidence, the court may determine that allowing the de facto parent petition to proceed would not be in the best interests of the child and may dismiss the petition without prejudice.
(f) The court may enter an interim order concerning contact between the child and a person with standing seeking adjudication under this section and § 46b-490 as a de facto parent of the child.