Changing custody or parenting time in Connecticut

What the court decides by

In any order about custody or parenting time, Connecticut courts decide according to the best interests of the child. Courts also generally expect a meaningful change in circumstances since the current order before revisiting it. Your motion states what has changed and what schedule or arrangement you are asking for; the facts you give are what the court weighs.

If the change you want is because you are relocating with the children, Connecticut law puts the burden on the relocating parent to show the move is for a legitimate purpose, the new location is reasonable in light of that purpose, and the move is in the children's best interests. The motion should state those facts plainly: where, why, and how the children's time with the other parent would work.

Check your judgment first

Some judgments say a parent must get the court's permission before filing to change custody or parenting time. Look for the words "request for leave." If yours says that, a Request for Leave (form JD-FM-202) is filed with your motion, and the facts in it must be sworn to. ProSay's questions cover this and include the form when it applies.

The motion and its paperwork

• Motion for Modification (form JD-FM-174). It identifies the order you want changed and its date, and is filed in the same case, under the same docket number.
• Affidavit Concerning Children (form JD-FM-164). Required before the court makes any order about custody or visitation. It states where the children have lived for the past five years and what other cases exist about them.
• A proposed plan. When custody or parenting time is disputed, Connecticut requires a proposed plan for parental decision making and parenting time. When you agree, the court's form is the Custody Agreement and Parenting Plan (form JD-FM-284).

If you both agree

An agreed change still needs a court order; a handshake schedule is not enforceable. Put the agreement on the Custody Agreement and Parenting Plan (form JD-FM-284), and the court can approve a signed written agreement without a hearing. Our guide on responding to a motion covers the approval request forms.

Filing, the fee, and service

File the motion in the existing case at the clerk's office or through E-Services. After judgment, the court charges a fee to file a motion; if paying it would be a hardship, the Application for Waiver of Fees asks the court to waive it. See our guide on court fee waivers.

The motion's order page directs how the other parent is notified: a marshal serves the motion and the order at least 12 days before the court event, and proof of service is filed with the court at least 6 days before. Build those days into your timing.

Filing online

You can file through the Judicial Branch's E-Services system at eservices.jud.ct.gov. Enroll to create a User ID and password, activate your account through the emailed link, then request electronic access to your case, which the clerk approves if someone else started the case. Choose your User ID carefully; it cannot be changed and appears on every document you file.

What happens next

The court schedules a court event, often a Resolution Plan Date where you talk to Family Services before seeing a judge. Agreements reached there go to the judge the same day. If there is no agreement, the court issues scheduling orders and the motion moves toward a hearing. If child support would change along with the parenting schedule, that is its own motion with its own financial paperwork; our guide on changing child support covers it, and ProSay prepares both together.

Where to get help

Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify. If you want legal advice, talk to a licensed Connecticut attorney.