The 17 'Best Interests of the Child' Factors in Connecticut Custody Cases (C.G.S. 46b-56)

When parents divorce or separate in Connecticut, no issue carries more emotional weight than the future of their children. Questions about where the children will live, who will make important decisions, and how time will be shared are often the most contentious and difficult to resolve.

In these moments, you may hear lawyers and judges talk about the "best interests of the child." This isn't just a vague, well-meaning phrase; it is the absolute cornerstone of Connecticut custody law. It is a specific legal standard, defined by a checklist of 17 factors found in Connecticut General Statutes § 46b-56, that every judge must consider when making decisions about child custody and parenting time.

Understanding these 17 factors is the single most powerful thing you can do to prepare for your custody case. It transforms the process from a confusing and emotional battle into a structured evaluation. It gives you the judge's playbook, showing you exactly what evidence matters and how to frame your arguments to demonstrate that your proposed parenting plan truly serves your child's well-being.

This comprehensive guide will walk you through each of the 17 "best interests" factors. We will explain what each one means in plain English, provide practical, real-world examples, and offer actionable advice to help you build the strongest possible case for your children's future.

What Does "Best Interests of the Child" Mean in Connecticut?

In Connecticut, the court's primary goal in any case involving children is to create a custody and parenting arrangement that fosters the child's happiness, security, mental health, and emotional development. The judge’s decision is not based on which parent they like more, who has more money, or who "deserves" the children. Instead, their ruling must be grounded in a careful analysis of the evidence presented as it relates to the 17 statutory factors.

These factors apply to all aspects of custody, including:

Legal Custody: The authority to make major decisions for your child regarding education, healthcare, and religious upbringing. This is often shared jointly.
Physical Custody: Where the child primarily resides. This can be a sole custody arrangement or a joint/shared physical custody arrangement with a detailed parenting schedule.

By understanding how a judge weighs these factors, you can focus your energy on what truly matters: gathering relevant information, preparing a thoughtful Parental Responsibility Plan (Form JD-FM-284), and conducting yourself in a way that consistently prioritizes your child's needs over the conflict of the divorce.

C.G.S. § 46b-56 Explained: The 17 Factors a Judge Must Consider

Let's break down the exact checklist a Connecticut judge uses. For each factor, we'll explore its meaning and what it looks like in practice.

1. The Temperament and Developmental Needs of the Child

What it means: The court recognizes that every child is unique. This factor requires the judge to look at your child's specific personality, age, maturity level, and developmental stage. A plan that works for a self-sufficient 16-year-old will not work for a 3-year-old who needs constant care and routine.

Practical Example: A parent is seeking a 50/50 parenting schedule for their 18-month-old toddler who is still breastfeeding and has severe separation anxiety. The other parent argues that while 50/50 is a future goal, the child's current developmental needs are better met with a primary residence and more frequent, shorter visits with the other parent to maintain the bond without causing undue stress. The judge will consider the child's specific temperament and needs at this age.
What This Means for You: Be prepared to discuss your child's individual personality. Are they shy or outgoing? Do they adapt easily to change or thrive on a strict routine? Do they have special needs, learning disabilities, or health issues that require a specific type of care or environment?

2. The Capacity and Disposition of the Parents to Understand and Meet the Needs of the Child

What it means: This is about parental attunement. Can you recognize your child's needs—emotional, physical, educational, and social—and are you willing and able to meet them? It’s not just about love; it’s about demonstrating practical, insightful parenting.

Practical Example: One parent's proposed parenting plan includes detailed provisions for their child's weekly occupational therapy, tutoring for their dyslexia, and continued participation in a beloved soccer league. The other parent's plan is vague and doesn't mention these specific, critical needs. The first parent is demonstrating a superior capacity to understand and meet the child's actual needs.
What This Means for You: Show, don't just tell. Demonstrate that you know your child's doctor, their teacher's name, their best friend's parents, their favorite food, and their biggest fear. Your active involvement and knowledge are powerful evidence.

3. Any Relevant and Material Information Obtained from the Child, Including the Informed Preferences of the Child

What it means: The court may consider what the child wants, but this is not the deciding factor. The weight given to the child's preference depends heavily on their age, maturity, and whether their preference is "informed"—meaning it's based on sound reasoning and not on manipulation or a desire to please one parent.

Practical Example: A mature 15-year-old tells the Guardian Ad Litem (an attorney appointed to represent the child's interests) that she wants to live with her mother because her mother's home is closer to her school, her job, and all her friends, allowing her to maintain her social and academic life. A judge is likely to give this significant weight. Conversely, if a 7-year-old says he wants to live with his dad "because Dad has a new video game console," a judge will give that preference very little weight.
What This Means for You: Never pressure your child to "choose" a side. This can be incredibly damaging and will be viewed negatively by the court (see Factor 16). If your child expresses a preference, it is best communicated through a neutral third party like a Guardian Ad Litem (GAL) or an Attorney for the Minor Child (AMC).

4. The Wishes of the Child's Parents as to Custody

What it means: The judge will review what each parent is asking for in their court filings, particularly in the proposed Parental Responsibility Plan.

Practical Example: Both parents submit parenting plans requesting joint legal custody, showing they agree on the principle of shared decision-making. However, Parent A requests to be the primary residential parent during the school year, while Parent B requests a 50/50 schedule. The judge will then use the other 16 factors to decide which parent's proposed physical custody plan is in the child's best interest.
What This Means for You: Your proposed parenting plan is your formal request to the court. It should be detailed, realistic, and child-focused. A proposal that is clearly designed to punish the other parent or that is impractical (e.g., requesting a 50/50 schedule when parents live 100 miles apart) will not be viewed favorably.

5. The Past and Current Interaction and Interrelationship of the Child with Each Parent, Siblings, and Any Other Person Who May Significantly Affect the Child's Best Interests

What it means: The court looks at the quality of the relationships. Who has been the primary caregiver? Who helps with homework, takes the child to the doctor, and attends parent-teacher conferences? The court also considers the child's bond with siblings, grandparents, stepparents, or other significant figures in their life.

Practical Example: For years, a father has been the parent who coached his daughter's softball team, attended every school play, and managed her allergy action plan with the school nurse. The mother, while loving, traveled extensively for work. The father can present evidence (testimony, photos, emails with the school) of this deep, consistent involvement, which will weigh heavily in the court's consideration of the child's established relationships.
What This Means for You: Document your involvement. Keep a calendar of your child's activities and note your attendance. Save emails with teachers and coaches. This creates a record of your active role in your child's life.

6. The Length of Time the Child Has Lived in a Stable and Satisfactory Environment and the Desirability of Maintaining Continuity

What it means: Courts favor stability. A judge is generally reluctant to make a drastic change to a living situation where a child is happy, healthy, and thriving. This is often referred to as maintaining the "status quo."

Practical Example: After the parents separated, the children remained in the marital home with their mother for a year. They have continued at the same school, kept the same friends, and participated in the same activities. The father, who now lives in a new town 30 minutes away, is seeking to have the children move in with him. The court will weigh the benefit of maintaining the children's current stability against the father's request.
What This Means for You: If you are the parent remaining in the family home or maintaining the child's routine, emphasize this continuity. If you are the parent who has moved out, your proposed plan should show how you will minimize disruption and help the child maintain their important connections.

7. The Permanence, as a Family Unit, of the Existing or Proposed Custodial Home or Homes

What it means: This factor is closely related to stability but focuses on the family structure within the home. The court looks at who lives in each parent's home and the stability of those relationships.

Practical Example: One parent has a new partner who has moved into the home, along with the partner's two children. The other parent lives alone. The court will want to know about the stability of the new partner's relationship, how that person interacts with the child, and how the child is adjusting to the new blended family dynamic. A chaotic or unstable home environment is a major red flag.
What This Means for You: Be prepared to discuss your living situation honestly. If you have a new partner, the court will want to ensure that person is a stable, positive influence on your child.

8. The Capacity of Each Parent to Be Involved in the Life of the Child

What it means: This is a practical assessment of each parent's ability to be present for the child. It considers work schedules, travel requirements, and physical or mental health limitations that might impact their ability to provide care.

Practical Example: A parent works a demanding job with an unpredictable schedule and frequent international travel. The other parent has a flexible, 9-to-5 job and works from home three days a week. The court will likely conclude that the second parent has a greater capacity to be involved in the day-to-day life of the child, such as being available for sick days or after-school activities.
What This Means for You: If you have a demanding job, you need to present a concrete plan for how you will manage childcare and be present for your child. This could include reliable family support, a nanny, or flexible arrangements with your employer.

9. The Home, School, and Community Record of the Child

What it means: The court wants to see how the child is functioning in the outside world. Are their grades good? Are there disciplinary issues at school? Are they engaged in their community? A child who is doing well reflects positively on the current parenting environment.

Practical Example: A child's report cards show declining grades and an increase in absences that coincide with the parents' separation. One parent can show evidence that they have met with the teacher, arranged for a tutor, and implemented a structured homework routine, leading to recent improvements. This demonstrates proactive parenting.
What This Means for You: Keep copies of report cards, attendance records, and any awards or recognitions your child receives. Be prepared to discuss their social and academic progress.

10. The Proposed Parenting Plan of Each Parent, Including the Parent's Proposed Location of Residence

What it means: This is a critical factor. The judge will scrutinize each parent's submitted Parental Responsibility Plan (JD-FM-284). A thoughtful, detailed, and child-centered plan is one of your most persuasive pieces of evidence. The court will also consider any proposed relocations.

Practical Example: Parent A submits a one-page plan that just says "50/50 custody." Parent B submits a 10-page plan detailing a week-on/week-off schedule, specific exchange times and locations, a holiday and vacation schedule, rules for communication, and a process for resolving future disagreements. Parent B's plan shows far more thought and is more likely to be adopted by the court.
What This Means for You: Do not treat the parenting plan as a mere formality. Invest time in creating a comprehensive plan that addresses all aspects of your child's life and demonstrates your commitment to co-parenting.

11. The Cultural Background of the Child

What it means: The court will consider the child's cultural and religious heritage and which parent is better suited to maintain those important connections for the child.

Practical Example: A child has been raised in a bilingual home, attending cultural festivals and a specific church with the family. One parent is committed to continuing these traditions, while the other parent is indifferent or hostile to them. The court may favor the parent who will preserve this important part of the child's identity.
What This Means for You: If cultural or religious traditions are important to your family, explain how your parenting plan will ensure the child remains connected to that heritage.

12. The Effect on the Child of the Actions of an Abuser, if Any Domestic Violence Has Occurred

What it means: This is a crucial safety factor. If there is a finding of domestic violence, the court must consider its impact on the child, even if the child was not the direct physical victim. Witnessing abuse is deeply harmful. The court will structure a parenting plan to ensure the child's physical and emotional safety.

Practical Example: A court has issued a restraining order against one parent due to domestic violence. The judge will likely order that this parent's time with the child be supervised, at least initially, and that all exchanges occur at a neutral, safe location like a police station or a supervised visitation center.
What This Means for You: If you or your child are victims of domestic violence, it is critical to seek legal protection and present this evidence to the court. The safety of the child is paramount.

13. Whether the Child or a Sibling of the Child Has Been Abused or Neglected

What it means: This factor requires the court to consider any findings of child abuse or neglect by a parent, typically from an investigation by the Department of Children and Families (DCF). A substantiated finding of abuse or neglect against a parent will severely impact their chances of getting custody.

Practical Example: DCF substantiated a claim of neglect against a parent for leaving a young child home alone. This finding will be a major factor for the judge, who will likely grant sole custody to the other parent and impose strict conditions on the neglectful parent's visitation.
What This Means for You: Always cooperate with any DCF investigation. If false allegations are made, it is vital to work with an attorney to clear your name and present evidence of your good parenting.

14. Whether the Party Satisfactorily Completed Participation in a Parenting Education Program

What it means: In Connecticut, all parents in a divorce with minor children are required to complete a six-hour Parenting Education Program (PEP). This factor is a simple check: Did you do it?

Practical Example: Parent A completes the PEP course early in the divorce process and submits the certificate to the court. Parent B has to be ordered multiple times by the judge to enroll and still hasn't completed it by the final hearing. This reflects poorly on Parent B's commitment and willingness to follow court orders.
What This Means for You: Sign up for and complete the PEP course as soon as possible. It's a mandatory requirement, and completing it promptly shows the court you are taking the process and your parental responsibilities seriously.

15. The Willingness and Ability of Each Parent to Facilitate and Encourage a Continuing Parent-Child Relationship Between the Child and the Other Parent

What it means: The court strongly favors parents who support their child's relationship with the other parent. Actively undermining that relationship, blocking communication, or being consistently inflexible with scheduling is a major red flag. This is often called the "friendly parent" factor.

Practical Example: A mother consistently encourages the children to call their father, is flexible about parenting time if the father has a special event, and speaks about him in a respectful tone. The father, in contrast, frequently "forgets" to let the children call their mother, refuses any minor changes to the schedule, and makes negative comments about her to the children. The mother's behavior will be viewed far more favorably by the court.
What This Means for You: Unless there is a safety concern, be the parent who fosters a positive bond between your child and your ex. Use co-parenting apps for communication, be reasonably flexible, and never speak ill of the other parent in front of your child.

16. Any Manipulative Behavior by a Parent to Involve the Child in the Parents' Dispute

What it means: This is a direct prohibition against parental alienation. The court will look for evidence that a parent is trying to turn the child against the other parent, using the child as a messenger, or pressuring the child to take sides.

Practical Example: A parent repeatedly tells their 10-year-old, "Your mother is the reason we have to sell the house," or "Tell your father he needs to give me the child support money he owes." This behavior is incredibly damaging to the child and will be severely punished by the court.
What This Means for You: Keep adult issues between the adults. Your child is not your confidant, your messenger, or your spy. Communicate directly with your co-parent.

17. Any Other Factor That a Court Deems to Be Relevant

What it means: This is a catch-all category that gives the judge the flexibility to consider any other unique circumstance that might impact the child's well-being.

Practical Example: A child has a very close, lifelong bond with a cousin who lives next door to one parent. A parent's significant substance abuse issue, even if not rising to the level of a DCF finding, could be considered. A parent's plan to relocate out of state would also be a highly relevant factor here.
What This Means for You: If there is a unique aspect of your family's situation that you believe is critical to your child's best interest, this is the factor under which you can present that evidence.

How to Present Your Case: Evidence and the Parental Responsibility Plan

Understanding these 17 factors is the first step. The next is to use them to build your case.

The Parental Responsibility Plan (JD-FM-284): This document is your primary tool. As you fill it out, think about how your proposals address these factors. Your plan should be a direct argument for why your vision for the future is in your child's best interest. A well-drafted plan that anticipates problems and offers child-focused solutions is incredibly persuasive.
Gathering Evidence: Your claims must be supported by evidence. This can include:
- Your own testimony
- Emails, texts, and communication logs (especially for Factor 15)
- School and medical records (Factor 9)
- Photos and videos of you with your child (Factor 5)
- Your PEP completion certificate (Factor 14)
- Testimony from teachers, coaches, therapists, or other neutral third parties

Summary: Putting It All Together for Your Child's Future

Navigating a Connecticut custody case can feel like trying to find your way in the dark. The 17 factors in C.G.S. § 46b-56 are the light that illuminates the path. They provide a clear, objective framework that moves the focus away from parental conflict and squarely onto the needs of the child.

By internalizing this checklist, you can:

Focus your efforts on what matters to the judge.
Gather relevant evidence to support your position.
Draft a powerful Parental Responsibility Plan that demonstrates your insight and commitment.
Conduct yourself in a way that consistently shows you are the parent willing to facilitate a healthy relationship with the other parent.

The court's decision will shape your child's life for years to come. Preparation, understanding, and a child-first approach are your keys to achieving a positive outcome.

Next Steps

As you prepare for your divorce, take the time to go through each of the 17 factors and write down specific examples from your own family's life. How have you met your child's needs? What evidence can you show of your involvement? Use these notes as the foundation for drafting a comprehensive Parental Responsibility Plan.