Guides

Finishing an agreed custody case without a hearing

General information about Connecticut court procedure, not legal advice.

When both parents in a Connecticut custody or visitation case reach a full agreement, the case does not have to end in a courtroom. The court can review the agreement on the papers and enter it as the final judgment, with no hearing and no appearance. This guide covers the package that makes that possible.

This path is not available when a restraining or protective order is in effect between the parents, or a request for one is waiting for a court's decision.

The package

  • Custody Agreement and Parenting Plan (form JD-FM-284). The agreement itself, on the court's form: decision making, the regular schedule, holidays, and the rest of the plan, signed by both parents.
  • Request for Approval of Final Agreement Without Court Appearance (form JD-FM-282). The request that asks the court to approve the agreement and enter judgment without a hearing, signed by both parents.
  • A sworn affidavit from each parent (form JD-FM-279). Each parent swears, among other things, that they read the entire agreement and understand it completely, signed it voluntarily without pressure, have no side agreements about custody, visitation, parenting time, or support, have reviewed any financial affidavit the other party filed, and have no unanswered questions about the agreement. It also states whether any child support order already exists.
  • Affidavit Concerning Children (form JD-FM-164). Must be on file before the court makes any order about the children.
  • If the agreement includes child support: the Child Support and Arrearage Guidelines Worksheet (form CCSG-1), the sworn Financial Affidavits behind it, and the Advisement of Rights Re: Income Withholding (form JD-FM-71). Agreed support amounts are still reviewed against the guidelines.

The affidavit

The affidavit gives the court the sworn facts a hearing would otherwise supply. Read form JD-FM-279 before you sign the agreement, not after. The affidavit is sworn; every line of it must be true when you sign.

What the court does

The judge reviews the package: the plan, the affidavits, the children's paperwork, and the support figures against the guidelines. The court can enter the agreement as the judgment, or it can schedule a court event if it wants to hear from the parents before deciding. An entered judgment is a court order; keep it, because it is the baseline for everything afterward, including any future change to custody or parenting time.

Where this fits

This is the endgame of an agreed case. If you are still mid-case, our guides on applying for custody or visitation and responding to an application cover the road here, and stipulated agreements covers resolving a single motion the same way.

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.

ProSay is not a law firm and does not provide legal advice. ProSay is a self-help document preparation service.