Connecticut General Statutes 46b-490 – Adjudicating claim of de facto parentage of child
(a) In a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, if there is only one other person who is a parent or has a claim to parentage of the child, the court shall adjudicate the person who claims to be a de facto parent to be a parent of the child if the person demonstrates by clear and convincing evidence that:
Terms Used In Connecticut General Statutes 46b-490
- 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.
- Allegation: something that someone says happened.
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Dependent: A person dependent for support upon another.
- domestic violence: means : (1) A continuous threat of present physical pain or physical injury against a family or household member, as defined in section 46b-38a. See Connecticut General Statutes 46b-1
- 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.
(1) The person resided with the child as a regular member of the child’s household for at least one year, unless the court finds good cause to accept a shorter period of residence as a regular member of the child’s household;
(2) The person engaged in consistent caretaking of the child which may include regularly caring for the child’s needs and making day-to-day decisions regarding the child individually or cooperatively with another legal parent;
(3) The person undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;
(4) The person held out the child as the person’s child;
(5) The person established a bonded and dependent relationship with the child that is parental in nature;
(6) Another parent of the child fostered or supported the bonded and dependent relationship required under subdivision (5) of this subsection; and
(7) Continuing the relationship between the person and the child is in the best interest of the child.
(b) A parent of the child may use evidence of duress, coercion or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as described in subdivision (6) of subsection (a) of this section. Such evidence may include: (1) Whether within a ten-year period preceding the date of the proceeding, the person seeking to be adjudicated a de facto parent: (A) Has been convicted of domestic assault, sexual assault or sexual exploitation of the child or a parent of the child; (B) has been convicted of a family violence crime, as defined in section 46b-38a; (C) is or has been subject to an order of protection pursuant to section 46b-15, 46b-16a, 46b-38c or 54-1k; (D) was found to have committed abuse against the child or a parent of the child; or (E) was substantiated for abuse against the child or a parent of the child; (2) a sworn affidavit from a domestic violence counselor or sexual assault counselor, as defined in section 52-146k, provided the person who had confidential communications with the domestic violence counselor or sexual assault counselor has waived the privilege, in which case disclosure shall be made pursuant to section 52-146k; or (3) other credible evidence of abuse against the parent of the child or the child, including, but not limited to, the parent’s or child’s sworn affidavit or an affidavit from a social service provider, health care provider, clergy person, attorney, or other professional from whom the parent or child sought assistance regarding the abuse.
(c) Subject to other limitations set forth in this section and section 46b-491, if, in a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, there is more than one other person who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (a) of this section are satisfied, the court shall adjudicate parentage under section 46b-475, provided the adjudication of a person as a de facto parent under this section shall not disestablish the parentage of any other parent, nor limit any other parent’s rights under the laws of this state.