(Formerly Sec. 45-45b) - Appointment of guardian, coguardians or permanent guardian of the person of a minor.

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(a) When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child.

(b) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n.

(P.A. 79-460, S. 12; P.A. 96-238, S. 18, 25; P.A. 09-185, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 279; P.A. 18-92, S. 3.)

History: Sec. 45-45b transferred to Sec. 45a-617 in 1991; P.A. 96-238 added references to coguardians, allowed the court to take into consideration a minor's wishes, if he or she is over the age of 12 and required consideration of the best interests of the child, effective July 1, 1996; P.A. 09-185 added provision re applying rebuttable presumption concerning appointment of grandparent or other relative as guardian; June 12 Sp. Sess. P.A. 12-1 added references to permanent guardian and made a technical change; P.A. 18-92 designated existing provisions re appointment of guardian, coguardians or permanent guardian of a minor as Subsec. (a), and added Subsec. (b) re definitions of “minor” and “minor child”, effective July 1, 2018.

See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.

Annotation to former section 45-45b:

Cited. 193 C. 393.

Annotations to present section:

Cited. 237 C. 233.

Cited. 44 CS 169.


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