First, the new legislation requires that a third party applicant allege in good faith that a parent-like relationship exists between the person and the minor child, and that denial of visitation would cause real and significant harm.  “Real and significant harm” means that the child is neglected or uncared for, as defined in C.G.S. § 46b-120.  Second, the Act requires that the applicant prove the allegations by clear and convincing evidence.

Determining the Existence of a Parent-Like Relationship

Adding to the Connecticut’s Supreme Court’s ruling in Roth, the legislature added specific factors a court may consider in determining whether a parent-like relationship exists.

A court may consider, 1) the existence and length of the relationship between the person and the minor child prior to the submission of a visitation petition; 2) the length of time that the relationship between the person and the minor child has been disrupted; 3) the specific parent-like activities of the person seeking visitation toward the minor child; 4) any evidence that the person seeking visitation has unreasonably undermined the authority and discretion of the custodial parent; 5) the significant absence of a parent from the life of a minor child; 6) the death of one of the child’s parents; 7) the physical separation of the parents of the minor child; 8 ) the fitness of the person seeking visitation; and 9) the fitness of the custodial parent.

Additionally, when determining whether a parent-like relationship exists between a grandparent and a minor child, a court may consider the history of regular contact and proof of a close and substantial relationship between the grandparent and the minor child.

Visitation Schedule for a Third-Party

The new Act also provides that if a court grants visitation rights to a third party, it must set forth certain details, including a visitation schedule (e.g., the days, times and location of the visitation), whether overnight visitation will be allowed, and any other conditions the court determines are in the best interest of the child.

In determining the terms and conditions of visitation, the court may consider the effect the visitation will have on the relationship between the parent and the minor child, and the effect on the child of any domestic violence that has occurred between or among parents, grandparents or other third parties seeking visitation.  Notably, the legislature also added a provision providing that visitation rights with a third party shall not be grounds for preventing the relocation of the custodial parent.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.