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Perez v. Carusillo

2026-09-08

Authorities cited

Opinion

majority opinion

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Perez v. Carusillo

IVAN PEREZ v. NINA CARUSILLO

(SC 21085)

Mullins, C. J., and D’Auria, Ecker, Alexander,

Dannehy and Bright, Js.*

Syllabus

The defendant appealed from the trial court’s judgment dissolving her marriage to the plaintiff and denying her petition to adjudicate her the de facto parent of E and C, the plaintiff’s two biological children from a prior marriage. The parties started dating following the death of the plaintiff’s former wife and married about eighteen months later, when E and C were nine and seven years old, respectively. During the marriage, the defendant formed a close relationship with the children, held them out as her own children, and assisted the plaintiff with their upbringing. The plaintiff encouraged and permitted the children to develop their relationships with the defendant and allowed them to call her “mom.” He claimed, however, that he had no intention of making the defendant the children’s legal mother and he had declined the defendant’s numerous requests to adopt them. After approximately five and one-half years of marriage, the plaintiff commenced this dissolution action. In evaluating the defendant’s petition to adjudicate her the de facto parent of E and C, the trial court found that she had established the first six statutory (§ 46b-490 (a)) criteria for de facto parentage by clear and convincing evidence but determined that she had failed to prove the seventh criterion, namely, that continuing the relationship between the defendant and the children was in their best interests. Because § 46b-490 does not enumerate specific factors for courts to consider when determining whether it is in the best interests of a child to continue a relationship, the trial court looked to the factors set forth in the statute (§ 46b-56 (c)) governing custody and visitation determinations to guide its analysis. The court determined that the factor set forth in § 46b-56 (c) (5), the wishes of the children’s parents as to custody, was the factor that should be assigned the most weight in that context. Insofar as the plaintiff opposed the defendant’s petition, the court denied it and granted the plaintiff sole legal and physical custody of the children. On appeal, the defendant claimed that the trial court had misapplied the provisions of the Connecticut Parentage Act (§ 46b-450 et seq.) in various ways when it denied her petition, including by importing into the de facto parentage analysis the best interest factors set forth in § 46b-56 (c). Held:

The defendant’s appeal was not moot as to E, even though she had reached the age of majority during the pendency of the appeal, because the defendant timely filed her petition seeking de facto parentage pursuant to statute (§ 46b-491 (b)) before E had reached the age of eighteen, and a favorable *

The listing of justices reflects their seniority status on this court as of the date of oral argument.

Perez v. Carusillo

appellate determination could afford the defendant meaningful and practical relief through legal recognition of the parent-child relationship, which gives rise to multiple, cognizable legal interests that survive a child’s attainment of majority age.

The trial court misapplied the statutory criterion set forth in § 46b-490 (a) (7) in denying the defendant’s petition for adjudication as a de facto parent, and, accordingly, this court reversed the trial court’s judgment only with respect to the denial of her petition and remanded the case for the trial court to evaluate the petition in accordance with the proper legal framework.

Section 46b-490 (a) (7), by its plain terms, focuses on the relationship between the person seeking de facto parentage and the child, and asks whether continuing that relationship is in the child’s best interest, but it does not define the phrase “best interest of the child,” set forth any factors that should be considered in determining a child’s best interest, or refer to any other statute that might supply such factors.

Although it was not improper for the trial court to look beyond § 46b-490 (a) (7) for guidance concerning what factors might bear on the best interest of a child in the de factor parentage context, the court, by importing wholesale the factors for custody and visitation determinations set forth in § 46b-56 (c) into the de facto parentage best interest analysis, improperly focused on the plaintiff’s wishes as to custody rather than on the children’s best interests.

This court concluded that the factors for determining the best interest of a child enumerated in the provision (§ 46b-475 (a)) of the Connecticut Parentage Act, which addresses competing claims of parentage among multiple claimants, provide useful and appropriate guidance for trial courts undertaking the best interest inquiry analysis under § 46b-490 (a) (7), even if resort to those factors may not be required in every case.

Moreover, the best interest determination under § 46b-490 (a) (7) is necessarily fact intensive and holistic, and the factors enumerated in § 46b-475 (a) or any relevant factors set forth in § 46b-56 (c) do not encompass all relevant considerations for purposes of the best interest analysis under § 46b-490 (a) (7), as the age of the child at the time of adjudication, the length of time during which the petitioner assumed a parental role, the nature and depth of that relationship, the harm that would result from nonrecognition of de facto parentage, and other factors bearing on the disruption of the relationship or the likelihood of other harm to the child can also inform the best interest analysis.

The trial court, in concluding pursuant to § 46b-490 (a) (7), that it was not in the children’s best interests for the defendant to be adjudicated their de facto parent, improperly and unnecessarily focused on the heterosexual nature of the parties’ marriage and, in effect, precluded the defendant from prevailing on her petition merely because of the nature of the parties’ relationship, as the Connecticut Parentage Act does not condition eligibility for de facto parentage on a petitioner’s sexual orientation, marital status, or family structure.

Perez v. Carusillo

Furthermore, there was no merit to the plaintiff’s claim that, even if this court concluded that the trial court had misapplied § 46b-490 (a) (7), a remand was unnecessary on the ground that this court could uphold the trial court’s denial of the defendant’s petition on the alternative ground that she had failed to establish, by clear and convincing evidence, that the plaintiff had fostered or supported a bonded and dependent relationship between the defendant and the children that was parental in nature, as § 46b-490 (a) (6) requires. Although a parent’s opposition to the adoption of his or her child is unquestionably relevant evidence bearing on whether that parent fostered or supported a bonded and dependent relationship that is parental in nature, nothing in the text of § 46b-490 (a) (6) suggested that a fit parent’s refusal to consent to adoption is dispositive of whether an individual seeking an adjudication of de facto parentage has established the statutory criterion. Rather, the inquiry under § 46b-490 (a) (6) is a broad and fact intensive one that looks at the parent’s conduct throughout the course of the relationship between the petitioner and the children.

In addition, this court declined to resolve the plaintiff’s sufficiency challenge with respect to § 46b-490 (a) (6) before the trial court, on remand, has an opportunity to consider all of the evidence under the proper legal framework, as the trial court’s misapplication of § 46b-490 (a) (7) may have affected the manner in which it evaluated evidence relevant to § 46b-490 (a) (6).

Argued April 13—officially released September 8, 2026

Procedural History

Action for the dissolution of a marriage, and for other

relief, brought to the Superior Court in the judicial

district of Middlesex, where the defendant filed a cross

complaint and a petition to adjudicate her the de facto

parent of the plaintiff’s children; thereafter, the case was tried to the court, Sanchez-Figueroa, J.; judgment dissolving the marriage, denying the defendant’s petition

for de facto parenthood, and granting certain other

relief, from which the defendant appealed. Reversed in

part; further proceedings.

Leslie I. Jennings-Lax, for the appellant (defendant).

Stacie L. Provencher, with whom were Dana M. Hrelic

and, on the brief, Campbell D. Barrett, for the appellee

(plaintiff).

Opinion

DANNEHY, J. The Connecticut Parentage Act

(CPA), General Statutes § 46b-450 et seq., establishes

Perez v. Carusillo

a comprehensive framework for establishing legal parentchild relationships in Connecticut. Among the multiple

statutory avenues through which a person may establish

legal parent status, one permits a court to adjudicate a

person a child’s de facto parent upon proof, by clear and

convincing evidence, of the seven criteria set forth in

General Statutes § 46b-490 (a). This appeal requires us

to consider the meaning and proper application of certain

criteria in that section.

The defendant, Nina Carusillo, appeals from the judgment of the trial court dissolving her marriage to the

plaintiff, Ivan Perez, and denying her petition to be

adjudicated the de facto parent of the plaintiff’s two

biological daughters from his previous marriage. The

defendant claims that the trial court misapplied the CPA

in various respects including, for example, by importing

into the de facto parentage analysis the best interest

factors governing custody and parenting plan determinations. We agree and, accordingly, reverse in part the

judgment of the trial court.

I

BACKGROUND

The plaintiff and the defendant were married on

December 19, 2016. On January 18, 2022, the plaintiff

commenced this dissolution action, alleging that the

marriage had broken down irretrievably. The defendant

filed an answer and cross complaint, seeking, among other

relief, an adjudication pursuant to § 46b-490 that she is

the de facto parent of E, born in September 2007, and

C, born in April 2009.

Following a multiday trial on the plaintiff’s dissolution complaint and the defendant’s de facto parentage

petition, the court rendered judgment dissolving the

parties’ marriage and denying the defendant’s petition.

In denying the defendant’s petition, the court made

extensive findings regarding the parties’ relationship,

the defendant’s relationship with the children, and the

Perez v. Carusillo

circumstances surrounding the children’s upbringing.

We begin with a summary of those findings.

A

At the time of trial, the plaintiff was fifty-four years

old and employed as a mental health counselor at a Connecticut mental health center. He had previously worked

as a fire captain for a municipal fire department for

twenty-six years and retired from that position in 2016.

The defendant was forty-nine years old and worked as a

physician assistant in the gynecological oncology department at a New Haven hospital.

Prior to the parties’ marriage, the plaintiff had been

married to a woman named Rose, who is the biological

mother of E and C. Rose was diagnosed with stage four

cancer in 2013 and died in January 2015. Rose’s illness

and death were hard on the plaintiff. He managed, at

least initially, with the help of his mother and sister. His mother moved into the family home to assist with the

care of the children. With their support, the plaintiff was able to balance his two careers, spend some overnights

with Rose at the hospital, and maintain a semblance of

normalcy for his children.

The plaintiff and the defendant first met during Rose’s

treatment. The defendant worked on Rose’s treatment

team and, through that role, became well acquainted with

the plaintiff, the children, and Rose’s extended family.

During the period of Rose’s illness, the children knew

the defendant as “mommy’s doctor.” The defendant was

very fond of the children, having interacted informally

with them during that time.

Following Rose’s death, the plaintiff and the defendant remained in contact. The defendant had helped

the children sell Girl Scout cookies, taking orders from

many of her coworkers, which resulted in a need to deliver

hundreds of boxes of cookies. Although the plaintiff had

vowed never to return to the hospital where Rose had

been treated following Rose’s death, he found himself

obligated to deliver the cookies there in late March or

Perez v. Carusillo

early April 2015. During that visit, the parties spoke

briefly, and the defendant asked whether the plaintiff

would return to share photographs of E’s upcoming

recitals or first communion celebration. He did so the

following month.

Soon thereafter, the plaintiff encountered the defendant again. Because his place of employment is located

across the street from the hospital where the defendant

works, the plaintiff frequently dined at its cafeteria and

happened to see the defendant there during one such

visit. They exchanged small talk about the children, and

the defendant again asked him to share photographs of

an upcoming event. A few weeks later, in May 2015, the

plaintiff returned to the hospital to share photographs of

E’s first communion. Following that visit, the plaintiff

asked the defendant to join him for appetizers. Although

the defendant was initially reluctant, believing the plaintiff was still grieving, she ultimately agreed. The parties began dating in June 2015.

As the relationship developed, the defendant became

increasingly involved in the children’s lives. During 2015

and 2016, she regularly participated in family activities

with the plaintiff and the children, including trips to the beach, attendance at community events, holiday celebrations, and a family trip to Cape Cod. She also began visiting the plaintiff’s home more frequently, spending time

with both the plaintiff and the children there. Members

of Rose’s extended family also included the defendant in

family gatherings and activities involving the children.

The defendant developed an intimate and affectionate

relationship with the girls.1

The parties’ relationship became more serious in 2016,

and the plaintiff proposed to the defendant in November

1

The trial court found that the children “clearly enjoyed” their time together with the defendant, “as the evidence shows that, during the Durham Fair, the girls were holding the parties’ hands. During the parties’ trip to Cape Cod in October 2015, the parties and the girls stayed in a hotel, shared a room and each of the parties shared a twin-size bed with one of the girls. During Thanksgiving of 2015, the testimony showed that the plaintiff was having emotional difficulty around the

Perez v. Carusillo

of that year. The children reacted to the engagement with

great excitement, and the parties married the following

month.2 Although the defendant initially continued to

maintain her separate residence in a nearby town, she

spent substantial time at the plaintiff’s home with the

children and eventually sold her home and moved into

the plaintiff’s home on a full-time basis in May 2018.

After moving in full-time, the defendant resided in

the plaintiff’s home until late January or early February

2020, when, following a disagreement, the plaintiff asked

her to leave. The defendant returned to the plaintiff’s

home in June 2020, when both parties decided to work

on the marriage. The defendant continued to live there

until August 2022, when, after the dissolution action

was commenced, the court ordered that the plaintiff

have exclusive possession of the property.

While the parties lived together, they jointly participated in caring for the children and shared the day-to-day

parenting responsibilities, including preparing meals

and transporting them to various activities and medical

appointments. Although the defendant regularly assisted

with the children’s daily care, these responsibilities

were not hers solely, and she was not the primary decision maker for the children. The plaintiff was the sole

first holidays after Rose’s passing, and Thanksgiving dinner was held at the defendant’s home . . . . During the Christmas holiday in 2015, the parties and the girls celebrated together in the [plaintiff’s] home. The credible testimony from the parties and the witnesses revealed that the defendant began to have increased contact with the girls and developed a more intimate relationship with them.”

2

Around this time, the plaintiff had made the decision to retire from the fire department, where he had worked for the past twenty-six years. The department’s human resources office informed him that, “if he were to marry prior to his retirement, the spousal benefits of 60 percent of his pension would be preserved.” The trial court found that the parties, after discussions, agreed to expedite their wedding date prior to his retirement. The court found that the plaintiff “wanted the defendant to have this benefit, hoping also that he would be the first to die as he did not want to experience a similar loss again.” The court also found that the defendant agreed to the expedited marriage in order to secure the financial benefits she believed would help the children if something were to happen to the plaintiff.

Perez v. Carusillo

decision maker for the children’s schedules, appointments, transportation, and overall care, coordinating

any assistance provided by the defendant or others. As

to finances, the plaintiff was the sole financial provider

for the children’s medical, educational, and religious

needs, and paid the household expenses, including the

defendant’s health insurance and the children’s expenses.

The defendant contributed by purchasing groceries and

financially supporting some of the children’s activities.

The plaintiff likewise continued to make decisions

regarding the children’s religious upbringing in the

Roman Catholic faith, including arranging for their

receipt of the holy sacraments, religious education, and

confirmation preparation. The defendant supported those

efforts by assisting them with learning their prayers,

transporting them to Confraternity of Christian Doctrine (CCD) classes and church activities, and helping

them complete confirmation requirements. Although not

Catholic herself, the defendant supported the plaintiff’s

decision to raise the children in that faith and became

increasingly involved in helping them through their

religious milestones.

The defendant filled various gaps in the children’s

upbringing. She assisted with personal care and puberty

related matters, including helping them style their hair

in ways that the plaintiff found difficult, and helped

them learn to use feminine hygiene products. She also

helped them complete homework, proofread papers, write

poetry, and served as an additional source of emotional

and physical support. The children developed a close and

loving bond with the defendant, and the defendant held

them out as her own children. The children consider the

defendant’s parents their additional grandparents and

the defendant’s sister their aunt. The plaintiff acknowledged that the defendant and the children have a good

relationship and that the defendant is nurturing and

compassionate; he encouraged and supported their bond

and welcomed the defendant’s contributions.3

3

The guardian ad litem for the children testified that the defendant “did things as a mother would do” and “acted as a parent in every way.”

Perez v. Carusillo

At some point, the children asked the plaintiff to

allow them to call the defendant “mom,” explaining

that it would be easier for them in public and would allow

them to fit in with their peers. Although the plaintiff

was initially hesitant, he recognized that, having lost

their mother, they wished to be like other children, and

he approved their request. He testified that he had no

intention of making the defendant the children’s legal

mother and that he had declined the defendant’s numerous requests to adopt them; nonetheless, he encouraged

and permitted the children to develop their relationships with her. The plaintiff himself gave the defendant

Mother’s Day cards from 2017 through 2022.

Although the defendant left the plaintiff’s home for

periods of time, particularly from January or February

through June 2020, and again in August 2022 through

the time of the dissolution hearing, that separation did

not affect the relationship between the defendant and the

children. The defendant maintained access to the children

during those times, and she still slept at the plaintiff’s

home at certain times during the 2020 separation.

B

After making extensive findings, the trial court then

evaluated the criteria for establishing de facto parentage under § 46b-490 (a). That provision, which will be

discussed in greater detail in part II of this opinion,

requires that the person seeking to be adjudicated the de

facto parent satisfy seven statutory criteria by clear and

convincing evidence. See General Statutes § 46b-490 (a)

(1) through (7). The court found that the first six statutory criteria for de facto parentage had been proven by

clear and convincing evidence but concluded that the

defendant failed to prove the seventh criterion—that

“[c]ontinuing the relationship between the person and

According to the guardian ad litem, the children “already refer to [the defendant] as mom” and “want [the defendant] to be mom.” The guardian ad litem further testified that she reviewed text messages between the defendant and the children, which appeared loving, appropriate, and indicative of the relationship that had developed between them.

Perez v. Carusillo

the child is in the best interest of the child.” General

Statutes § 46b-490 (a) (7).

As to that seventh criterion, the trial court observed

that § 46b-490 (a) (7) does not enumerate specific factors

for courts to consider in determining whether continuing the relationship between the person and the child

is in the best interest of the child. The court reasoned,

however, that the legislature’s use of the phrase “best

interest” was significant because courts are regularly

required to make best interest determinations when

resolving custody and visitation disputes. The court

therefore concluded that the factors set forth in General

Statutes § 46b-56 (c),4 governing custody and visitation

4

General Statutes § 46b-56 (c) provides: “In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so, may consider, but shall not be limited to, one or more of the following factors: (1) The physical and emotional safety of the child; (2) the temperament and developmental needs of the child; (3) the capacity and the disposition of the parents to understand and meet the needs of the child; (4) any relevant and material information obtained from the child, including the informed preferences of the child; (5) the wishes of the child’s parents as to custody; (6) the past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child; (7) the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (8) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute; (9) the ability of each parent to be actively involved in the life of the child; (10) the child’s adjustment to his or her home, school and community environments; (11) the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendente lite in order to alleviate stress in the household; (12) the stability of the child’s existing or proposed residences, or both; (13) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (14) the child’s cultural background; (15) the effect on the child of the actions of an abuser, if any domestic violence, as defined in section 46b1, has occurred between the parents or between a parent and another individual or the child; (16) whether the child or a sibling of the child

Perez v. Carusillo

determinations, should be considered in making its best

interest determination in the de facto parentage context.

The trial court proceeded to explain that “the wishes

of the [children’s] parents as to custody,” as contemplated in § 46b-56 (c) (5) of the custody statute, was the

factor that “should be assigned the most weight in this

context.” (Internal quotation marks omitted.) Relying

on the plaintiff’s opposition to the defendant’s petition, the court concluded “that it is in the best interests of the children for the plaintiff to have sole legal

and physical custody of them.” Although finding that

the defendant had developed a loving, trusting, and

parental bond with the children, and acknowledging

both the children’s stated preference and the recommendation of the guardian ad litem (GAL) in favor of

de facto parentage, the court stated that “the wishes

of a child’s fit and sole parent as to custody carry as

much if not greater weight than the recommendation

of a GAL in a situation like this [in which] the nature of

the relationship did not go beyond that of a typical heterosexual relationship.” The court stated that, “[when]

a fit single parent opposes a third party’s claim of de

facto parentage over a child in the context of a typical

heterosexual relationship that began after the parent’s

status as a legal parent over the child was established,

a GAL’s recommendation may not be enough to overpower the wishes of a fit parent.” (Emphasis omitted.)

The trial court further reasoned that granting de

facto parentage under these circumstances would be

inconsistent with the legislative purpose underlying

the CPA. Examining the CPA’s legislative history, the

court concluded that it was enacted principally to address

inequities affecting same-sex couples, unmarried couples,

and families formed through assisted reproduction, not

to elevate a stepparent in a traditional heterosexual

has been abused or neglected, as defined respectively in section 46b-120; and (17) whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. The court is not required to assign any weight to any of the factors that it considers, but shall articulate the basis for its decision.”

Perez v. Carusillo

marriage to legal parent status over the objection of a

fit parent. Although the court acknowledged that the

CPA does not categorically prohibit a stepparent in a

heterosexual marriage from obtaining de facto parent

status, it expressed the view that the CPA’s provisions

“are generally not appropriately applied to situations

concerning parentage in married heterosexual relationships.” The court viewed the defendant as a soon to be

former stepparent whose claim to legal parentage lacked

clear support within the intended scope of the CPA.

The trial court also identified practical concerns counseling against shared parentage, including the parties’

inability to communicate effectively or jointly make

parenting decisions. Although the court acknowledged

the children’s maturity and their stated desire that the

petition be granted, it concluded that those preferences

were not dispositive and carried less weight than the

plaintiff’s constitutional rights as a fit parent. Finally, the trial court observed that the children, who were

already sixteen and fifteen years old, respectively, would

soon reach adulthood and would thereafter be capable

of maintaining their relationship with the defendant

independently. Accordingly, the court denied the defendant’s petition for de facto parentage. At the same time,

however, recognizing the significance of the defendant’s

long-standing relationship with the children, the court

awarded her third-party visitation. This appeal followed.5

II

DISCUSSION

The defendant advances numerous arguments in support of her claim that the trial court misconstrued the

provisions of § 46b-490 in adjudicating her de facto parentage petition. Before we can reach the merits of those

arguments, however, we must first address a threshold

jurisdictional issue.

5

The defendant appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.

Perez v. Carusillo

A

General Statutes § 46b-491 (b) provides in relevant

part that “[a] person seeking to be adjudicated a de facto

parent of a child shall file a petition with the court before the child reaches eighteen years of age. . . .” Although

there is no dispute that the defendant timely filed her

petition before either child reached the age of eighteen,

the defendant has informed us that, during the pendency

of this appeal, E turned eighteen. There is some suggestion in the briefing that E’s attainment of age eighteen

may render this appeal moot with respect to E.

“Mootness implicates [this] court’s subject matter

jurisdiction and is thus a threshold matter for us to

resolve.” (Internal quotation marks omitted.) Dutkiewicz

v. Dutkiewicz, 289 Conn. 362, 366, 957 A.2d 821 (2008).

“It is a [well settled] general rule that the existence of an actual controversy is an essential requisite to appellate

jurisdiction; it is not the province of appellate courts to decide moot questions, disconnected from the granting

of actual relief or from the determination of which no

practical relief can follow.” (Internal quotation marks

omitted.) In re Emma F., 315 Conn. 414, 423, 107 A.3d

947 (2015). “[A]n actual controversy must exist not

only at the time the appeal is taken, but also throughout

the pendency of the appeal. . . . When, during the pendency of an appeal, events have occurred that preclude

an appellate court from granting any practical relief

through its disposition of the merits, a case has become

moot.” (Internal quotation marks omitted.) Williams

v. Ragaglia, 261 Conn. 219, 225, 802 A.2d 778 (2002).

The defendant contends that E’s attainment of majority age does not render the appeal moot. She argues

that the CPA requires only that a petition be commenced before the child reaches eighteen years of age

and that nothing in the statutory scheme requires that

the proceedings be fully adjudicated before that time.

The defendant further contends that practical relief

remains available to her because an adjudication of de

facto parentage carries significant legal consequences

Perez v. Carusillo

that extend beyond a child’s minority. Specifically, she

argues that recognition of a legal parent-child relationship establishes enduring kinship rights and obligations

affecting, among other things, probate and inheritance

matters, conservatorship and guardianship proceedings,

the administration of estates, medical decision-making,

disposition of remains, and other incidents of familial

status.

The plaintiff does not take a definitive position on

the issue of mootness. He acknowledges that the plain

language of § 46b-491 (b) requires only that the petition

be filed before the child reaches eighteen years of age,

but he notes that no Connecticut appellate court has yet

addressed whether a de facto parentage action remains

justiciable after a child attains majority age during the

pendency of the proceedings.

The plaintiff is correct that no court of this state has

addressed whether a child’s attainment of age eighteen

renders moot a timely filed petition to establish de facto

parentage of that child under the CPA. The Appellate

Court has, however, addressed the effect of a child’s

attaining age eighteen during the pendency of other

family law appeals—specifically, appeals challenging a

trial court’s custody or visitation orders. See, e.g., A.

A.-M. v. M. Z., 225 Conn. App. 46, 54–55, 313 A.3d

1288 (2024); Nowacki v. Nowacki, 144 Conn. App. 503,

508–509, 72 A.3d 1245, cert. denied, 310 Conn. 939, 79

A.3d 891 (2013). The Appellate Court has held that a

child’s attainment of age eighteen renders moot an appeal

challenging a custody or visitation order because no

practical relief remains available to the appellant in those circumstances. E.g., A. A.-M. v. M. Z., supra, 54–55;

Nowacki v. Nowacki, supra, 508–509. Those decisions

appear to rest on the premise that existing custody and

visitation orders terminate by operation of law when a

child turns eighteen and that a court lacks jurisdiction

to issue such orders with respect to a person of that age.

See, e.g., A. A.-M. v. M. Z., supra, 54–55; Nowacki v.

Nowacki, supra, 508–509.

Perez v. Carusillo

The relief sought by the defendant in the present

appeal, however, is materially different from the relief

sought in cases solely involving custody and visitation

orders. The defendant seeks an adjudication of legal

parentage itself—a determination that, unlike a challenge to custody or visitation orders, is not dependent

on the child’s status as a minor. Indeed, recognition of

a legal parent-child relationship gives rise to a constellation of cognizable legal interests that survive a child’s attainment of majority age. See, e.g., General Statutes

§ 7-294mm (notification of death); General Statutes §

19a-571 (removal of life support); General Statutes § 45a437 (intestate succession); General Statutes § 45a-438b

(inheritance). Thus, even though E has now turned eighteen years of age, a favorable appellate determination

could still afford the defendant meaningful and practical

relief through legal recognition of that relationship. We

therefore conclude that the present appeal is not moot

as it pertains to E.6

B

Turning to the merits of the defendant’s claim, we

address her contention that, although the trial court

6

Our conclusion that the present appeal is not moot as to E is buttressed by the plain language of § 46b-491 (b). As the parties aptly recognize, that statute requires that a person seeking to be adjudicated a de facto parent of a child “file a petition with the court before the child reaches eighteen years of age”; it does not, however, require that the litigation be completed, or that judgment be rendered, before the child reaches that age. General Statutes § 46b-491 (b). This strongly suggests that a petition to be adjudicated a child’s de facto parent can be adjudicated after the child turns eighteen, so long as the petition is timely filed before the child turns eighteen. Notably, the CPA defines “ ‘[c]hild’ ” as “a person of any age whose parentage may be determined under [§§] 46b-450 to 46b-553, inclusive.” General Statutes § 46b-451 (6). This further suggests that a de facto parentage petition can be adjudicated after a child turns eighteen.

The plaintiff points out, however, that E’s attainment of majority age could have practical consequences if the case is remanded for further proceedings concerning the de facto parentage claim, most notably, that adjudication of parentage at that time would affect the rights of a person who is now a legal adult. The plaintiff’s concern warrants attention. Significantly, the CPA is silent as to the effect of a child’s

Perez v. Carusillo

correctly determined that she had proven by clear and

convincing evidence the first six criteria for de facto

parentage under the CPA; see General Statutes § 46b490 (a) (1) through (6); it erred in concluding that she

had failed to prove the seventh criterion set forth in §

46b-490 (a) (7)—that continuation of the relationship

between her and the children was in the children’s best

interests. In support of her claim, the defendant argues

that the trial court improperly imported the custodial

best interest factors set forth in § 46b-56 (c) into its

de facto parentage analysis and accorded dispositive

weight to the plaintiff’s wishes based on that provision

and the plaintiff’s constitutional rights as a fit parent,

effectively giving the plaintiff unilateral veto power

over her parentage claim. She also argues that the trial

court improperly and inappropriately focused on the

heterosexual nature of the parties’ marriage, suggesting

that the CPA was primarily meant to apply to same-sex

couples and not to a stepparent under the circumstances

presented in this case. The defendant argues that the

trial court’s construction and application of the CPA are

inconsistent with both its text and purpose.

The plaintiff in response argues that the trial court

did not misapply § 46b-490 (a) (7) in concluding that the

defendant had failed to prove by clear and convincing

evidence that granting her de facto parentage petition

is in the children’s best interests. Although he provides

little explanation for why it was appropriate for the trial court to import the best interest factors set forth in §

46b-56 (c) in assessing the defendant’s de facto parentage claim, or why the heterosexual nature of the parties’

relationship was relevant to the inquiry, he contends

that the concept of best interest is clearly intended to

attainment of majority age during the pendency of de facto parentage proceedings. The CPA does not address whether such child becomes a necessary party to the proceedings; nor does it specify what consideration, if any, a court should afford that individual’s views when applying the statutory criteria for de facto parentage. Although the plaintiff mentions these issues, neither party fully briefed them, and the resolution of these issues is not necessary to our decision. We leave their resolution, therefore, to the parties and the trial court on remand.

Perez v. Carusillo

confer broad discretion on the trial court to give weight

to one or more of a multitude of factors in view of the

unique facts and circumstances of each case and each

child. He argues that the court’s consideration of his

wishes was appropriate because a legal parent’s wishes

are a central inquiry when a court reviews a petition for

de facto parentage.

For the reasons that follow, we agree with the defendant that the trial court misapplied the statutory criterion set forth in § 46b-490 (a) (7) in denying her petition for de facto parentage. Because the court’s decision

rests on a misapplication of the governing statute, the

judgment with respect to the petition cannot stand, and

a remand is required for the defendant’s petition to be

evaluated under the proper legal framework.

Enacted in 2021 and modeled after the Uniform Law

Commission’s 2017 Uniform Parentage Act, the CPA

established a comprehensive statutory framework under

which legal parent-child relationships may be established

in Connecticut. See Public Acts 2021, No. 21-15. Recognizing that parent-child relationships arise in a wide

variety of contexts, and that existing law contained

significant gaps that left certain families without clear

legal avenues for obtaining recognition and protection

of parent-child relationships, the legislature created

various pathways through which legal parentage may

be established. See General Statutes § 46b-471; 64 S.

Proc., Pt. 4, 2021 Sess., pp. 2615–23, remarks of Senator John A. Kissel; 64 S. Proc., supra, pp. 2624–25,

remarks of Senator Alex Kasser; 64 H.R. Proc., Pt. 3,

2021 Sess., pp. 1778–79, remarks of Representative

Steven Stafstrom. Those pathways include, among others, giving birth to a child (except for persons acting as

surrogates), establishment of a statutory presumption

of parentage, acknowledgment of parentage, adjudication as the child’s de facto parent, adoption, intended

parentage through assisted reproduction, and intended

parentage through a surrogacy agreement. See General

Statutes § 46b-471.

Perez v. Carusillo

The defendant challenges the interpretation and application of the CPA’s de facto parentage provisions. Our

standard of review in such circumstances is plenary.

See, e.g., Gonzalez v. Surgeon, 284 Conn. 554, 565,

937 A.2d 13 (2007). “When construing a statute, [o]ur

fundamental objective is to ascertain and give effect to

the apparent intent of the legislature.” (Internal quotation marks omitted.) Raftopol v. Ramey, 299 Conn. 681,

699, 12 A.3d 783 (2011). In discerning that intent, we

are guided by the well established principles set forth in

General Statutes § 1-2z.7 See, e.g., Woodbridge Newton

Neighborhood Environmental Trust v. Connecticut Siting Council, 349 Conn. 619, 635, 321 A.3d 363 (2024).

We begin our analysis with the language of § 46b-490

(a), which provides: “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:

“(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;

7

General Statutes § 1-2z provides: “The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.”

Perez v. Carusillo

“(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.”8

The defendant primarily takes aim at the court’s interpretation and application of the “best interest” criterion contained in § 46b-490 (a) (7). She and the plaintiff

disagree on whether the trial court’s analysis properly

conformed with the mandates of that provision. In order

for us to determine whether the trial court’s analysis

comported with the provision’s requirements, we must

ascertain the provision’s meaning.

8

Section 46b-491, which sets forth certain standing and pleading requirements for commencing a de facto parentage proceeding, provides in relevant part: “(a) A proceeding to establish parentage of a child under this section may be commenced only by a person who: (1) Is alive when the proceeding is commenced; and (2) claims to be a de facto parent of the child.

“(b) A person seeking to be adjudicated a de facto parent of a child shall file a petition with the court before the child reaches eighteen years of age. The child is required to be alive at the time of the filing. The petition shall include a verified affidavit alleging facts to support the existence of a de facto parent relationship with the child. The petition and affidavit shall be served on all parents and legal guardians of the child and any other party to the proceeding.

“(c) An adverse party, parent or legal guardian may file a pleading and verified affidavit in response to the petition that shall be served on all parties to the proceeding.

“(d) The court shall determine on the basis of the pleadings and affidavits whether the person seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de facto parentage as provided in subsection (a) of section 46b-490 and, therefore, has standing to proceed with a parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts that are necessary and material to the issue of standing. . . .”

The plaintiff stipulated that the defendant met the prima facie statutory requirements for de facto parenthood and agreed to an interim order of contact between the defendant and the children.

Perez v. Carusillo

Section 46b-490 (a) (7), by its plain terms, focuses on

the relationship between the person seeking de facto

parentage and the child, and asks whether continuing

that relationship is in the child’s best interest. Notably, the provision does not define “best interest of the child,” and it neither sets forth any factors that should be considered in making that determination nor incorporates

by reference any other statute that might supply them.

The phrase “best interest of the child” is well established in family and juvenile law and has been used by our legislature in a host of statutes. See, e.g., General Statutes §§ 17a112 (k), 45a-717 (b), (e) and (g), 45a-727a, 46b-56 (c) and 46b-129 (c) (6). We must therefore inquire whether the

phrase is a legal term of art that has “acquired a peculiar and appropriate meaning in the law” requiring that it

“be construed and understood accordingly.” General

Statutes § 1-1 (a). We have explained that “[l]egal terms

. . . absent any legislative intent shown to the contrary,

are to be presumed to be used in their legal sense. . . .

Words with a fixed legal or judicially settled meaning

must be presumed to have been used in that sense. . . .

In ascertaining legislative intent [r]ather than using

terms in their everyday sense, [t]he law uses familiar

legal expressions in their familiar legal sense.” (Internal quotation marks omitted.) Patino v. Birken Mfg. Co.,

304 Conn. 679, 689, 41 A.3d 1013 (2012); see also Police

Dept. v. State Board of Labor Relations, 225 Conn. 297,

301 n.6, 622 A.2d 1005 (1993) (“[w]here a statute does

not define a term, it is appropriate to look to the common

understanding expressed in the law and in dictionaries”

(internal quotation marks omitted)).

To start, Black’s Law Dictionary defines “best interests

of the child” as a standard in family law “by which a court determines what arrangements would be to a child’s

greatest benefit, often used in deciding child-custody and

visitation matters and in deciding whether to approve

an adoption or a guardianship.” Black’s Law Dictionary

(12th Ed. 2024) p. 196. That standard has long been used

in Connecticut for deciding custody disputes; see, e.g.,

Perez v. Carusillo

Kelsey v. Green, 69 Conn. 291, 298, 37 A. 679 (1897);

and has become a fixture in this state’s family and child

welfare laws. See, e.g., General Statutes §§ 17a-112 (k)

and 46b-56 (c).

Given the enduring use of that phrase in our law, this

court has had occasion to examine its meaning in various contexts. We have said that the phrase “itself does

not have a precise meaning” and that “[s]tandards of

mathematical precision are neither possible nor desirable

in [family law]; much must be left to the trial judge’s

experience and judgment.” (Internal quotation marks

omitted.) State v. Anonymous, 179 Conn. 155, 165,

425 A.2d 939 (1979). As such, we have been reluctant

to affix a specific definition to the phrase “in different

contexts as opportunities to do so have arisen”; Ireland

v. Ireland, 246 Conn. 413, 429, 717 A.2d 676 (1998);

but have said in general terms that “best interests of the

child include the child’s interests in sustained growth,

development, well-being, and continuity and stability

of its environment.” Schult v. Schult, 241 Conn. 767,

777, 699 A.2d 134 (1997). The best interest standard

has thus been established and understood as a broad,

fact-specific inquiry focused on what arrangements best

advance the child’s welfare in a given context. See, e.g.,

In re Bruce R., 234 Conn. 194, 206–207, 662 A.2d 107

(1995); Cappetta v. Cappetta, 196 Conn. 10, 16, 490 A.2d

996 (1985); In re Appeal of Kindis, 162 Conn. 239, 242,

294 A.2d 316 (1972).

In some statutes employing the “best interest of the

child” language, the legislature has enumerated nonexhaustive factors for courts to consider in making that

determination; in others, like § 46b-490 (a), it has not.

Compare General Statutes §§ 17a-112 (k), 46b-56 (c),

46b-475 and 46b-536 (d), with General Statutes §§ 17a42, 46b-132a and 46b-490 (a). When the legislature

supplies nonexhaustive factors, those factors give courts

parameters for the best interest inquiry in that particular context while still permitting consideration of

other relevant circumstances. When a statute employs

Perez v. Carusillo

the “best interest of the child” phrase but provides no

factors to consider, courts must resort to the phrase’s

established legal meaning, requiring them to identify

and weigh factors appropriate for the specific context,

all in service of the overarching inquiry into what will

best advance the child’s welfare. Cf. State v. Anonymous,

supra, 179 Conn. 165 (“[Although] that standard itself

does not have a precise meaning, it does not lack metes

and bounds. Our case law has defined and circumscribed

that standard over the years in custody disputes between

parents and between parent and nonparent as well as in

child neglect cases.”).

In our view, the use of the “best interest of the child”

standard in § 46b-490 (a) (7) incorporates this familiar

legal meaning, requiring trial courts, as a part of the de

facto parentage determination, to undertake a broad,

fact-specific inquiry to determine whether “[c]ontinuing

the relationship between the person and the child is in

the best interest of the child.” The issue we must decide

is whether the trial court applied this standard in its

adjudication of the defendant’s petition.

In evaluating whether the defendant proved the seventh criterion, the trial court concluded that “consideration of the best interest factors set forth in § 46b-56

(c) is appropriate” in determining de facto parentage

under § 46b-490 (a) (7). Section 46b-56 (c) sets forth the

applicable factors for a court to consider when determining the best interest of the child for purposes of custody

and visitation orders. The trial court went on to focus

primarily on § 46b-56 (c) (5)—“the wishes of the child’s

parents as to custody”—finding the plaintiff’s opposition

to the defendant’s petition to be the “most pertinent”

consideration. The trial court, for example, stated (1)

“the wishes of the plaintiff as to the custody of the children is a factor that the court may elect to consider and

assign weight to in making its best interest determination,” (2) “the court believes that a fit parent’s wishes

as to custody is the most pertinent factor in a case like

this,” (3) “the court has considered the applicable factors

Perez v. Carusillo

enumerated in § 46b-56 (c) and concludes that ‘the wishes

of the [children’s] parents as to custody’ is the factor that should be assigned the most weight in this context,” (4)

“[t]o be sure, the wishes of a child’s fit and sole parent

as to custody carry as much if not greater weight than

the recommendation of a GAL in a situation like this,”

and (5) “[t]wo considerations support the court’s view

that, in the context of a de facto parenthood petition, in

a typical heterosexual relationship [when] the opposing

party is the only legal parent of the child, is a fit parent, and fully supports the child, the wishes of that legal parent as to custody should be the primary factor the court

assigns weight to in determining whether continuing

the bonded and dependent parental relationship between

the petitioner and the child is in the best interest of the child.” (Emphasis added.)

The defendant contends that, in construing the statute

in this manner, the trial court improperly considered

the best interest factors set forth in § 46b-56 (c) and,

in doing so, conflated the distinct issues of parentage

and custody, gave dispositive weight to the plaintiff’s

wishes in ruling on the parentage petition, and “ignored

other, more relevant definitions of ‘best interest of the

child’ ” in reaching its conclusion. She contends that the

court’s analysis created an anomalous result in which the

plaintiff was given an effective veto over her petition,

notwithstanding the fact that the plaintiff previously

encouraged and fostered the defendant’s parental relationship with the children. For the reasons that follow,

we agree with the defendant that the trial court misapplied § 46b-490 (a) (7).

The trial court correctly reached the best interest

determination required by § 46b-490 (a) (7) only after

it concluded that the defendant had established, by clear

and convincing evidence, each of the first six statutory

criteria set forth in § 46b-490 (a) (1) through (6). And,

although it was not error for the court to then look beyond § 46b-490 (a) (7) for guidance concerning what factors

might bear on the best interests of the children in the de

Perez v. Carusillo

facto parentage context, particularly because the provision did not enumerate specific factors to consider, its

wholesale importation of the § 46b-56 (c) framework into

the de facto parentage analysis and its overriding focus

on § 46b-56 (c) (5) and the plaintiff’s wishes as to custody were misguided. The factors enumerated in § 46b-56

(c) were crafted for a different purpose than that of the

de facto parentage provisions—they govern disputes

between two parents over custody and visitation. And

many of those factors presuppose an established parental

relationship and are directed toward adjudicating competing claims between parties whose parental status is

already fixed, not toward the relevant question that was

before the trial court in the present case—whether the

defendant is a parent.

Section 46b-56 (c) (5), for example, directs a court to

consider “the wishes of the child’s parents as to custody

. . . .” By its plain terms, specifically the use of the plural, “parents,” that factor assumes a scenario in which the

parties are already parents and is concerned with their

wishes as to “custody . . . .” General Statutes § 46b-56

(c) (5). Similarly, § 46b-56 (c) (7), which considers the

willingness of each parent to facilitate a continuing

relationship between the child and the other parent, and

§ 46b-56 (c) (9), which examines each parent’s ability to

be actively involved in the child’s life, implicitly assume the existence of two legal parents between whom the

child’s time and relationship will be divided.

To be sure, some factors in § 46b-56 (c) are relevant

to a de facto parentage inquiry as it pertains to whether

“[c]ontinuing the relationship” is in the child’s best interest. “The physical and emotional safety of the child”; General Statutes § 46b-56 (c) (1); “the child’s adjustment” to “home, school and community environments”; General

Statutes § 46b-56 (c) (10); and “the length of time that the child has lived in a stable and satisfactory environment”;

General Statutes § 46b-56 (c) (11); speak to child welfare

in terms general enough to retain relevance in a variety

of contexts, including in most parentage determinations.

Perez v. Carusillo

But, by importing the § 46b-56 (c) factors wholesale

into the de facto parentage best interest analysis under

§ 46b-490 (a) (7), and, in turn, focusing so heavily on the plaintiff’s wishes as to custody, the trial court applied

criteria tailored to disputes between already established

legal parents in a context very different than the one

presented and strayed from the ultimate focus of the

provision—the children’s best interests—and centered

the focus instead on the plaintiff’s wishes. This was

improper.9

That is not to say that considering the plaintiff’s wishes

has no place in the de facto parentage analysis. Section 46b-490 (a) (6) specifically requires that the person

seeking parentage prove that “[a]nother parent of the

child fostered or supported the bonded and dependent

relationship” between the person seeking parentage and

the child. The court can of course consider any objections

the parent may have to the person’s parentage petition

in determining whether the parent fostered or supported

the relationship, but an objection to the petition is only

one aspect of this inquiry. Whether the parent “fostered

or supported the bonded and dependent relationship”

between the person seeking parentage and the child;

General Statutes § 46b-490 (a) (6); is a broader inquiry

9

The plaintiff argues that, to the extent we agree with the defendant that the trial court conflated the adjudication of parentage with a custody determination, this court should treat such conflation as error induced by the defendant’s actions. He contends that the defendant failed to “limit her proposed orders at trial to an adjudication of legal parentage” and that she “put the existential cart before the horse and sought orders of legal custody and parenting time in her proposed orders before the question of parentage was even resolved.” The plaintiff’s contention is without merit. The defendant’s proposed orders reasonably requested, as a threshold matter, that the court adjudicate her a parent under § 46b-490 (a) and then separately set forth her proposed custody arrangements. Presenting proposed orders in this sequenced fashion was entirely reasonable given that the parentage petition was brought in conjunction with the dissolution proceeding and that the court would be resolving all related issues together following the hearing. Nothing the defendant did encouraged or prompted the trial court to commit the error of which she now complains. See, e.g., Independent Party of CT-State Central v. Merrill, 330 Conn. 681, 724, 200 A.3d 1118 (2019).

Perez v. Carusillo

that focuses on the parent’s conduct during the course

of the relationship between the person seeking parentage and the child.10 Nothing in the statute suggests that

a parent’s present wishes as to that petition have or

should have dispositive weight or that the parent must

expressly consent to the petition in order for the petition to be granted.11 See Martin v. MacMahan, 264 A.3d

1224, 1235 (Me. 2022) (“[i]f such consent were required,

there could be no litigation of any de facto parentage

claim because a legal parent’s objection would necessarily

defeat the claim”).12

The defendant contends that, instead of using the

best interest factors set forth in § 46b-56 (c), the court

10

Although a parent’s present position on whether a petitioner should be adjudicated a de facto parent is more appropriately considered under § 46b-490 (a) (6), a parent’s reasons for why continuing the relationship between the petitioner and the child is not in the child’s best interest should be considered by the trial court in making its best interest determination under § 46b-490 (a) (7).

11

In considering the plaintiff’s wishes as to the defendant’s parentage petition, the trial court also referenced Troxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054, 147 L. Ed. 2d 49 (2000), and certain principles, namely, the presumption that fit parents act in their child’s best interest. Although most courts that have considered the issue have found Troxel inapposite when a person seeks recognition of an existing parentchild relationship, because the plaintiff does not challenge the CPA’s constitutionality, we need not decide, among other issues, whether the constitutional principles of Troxel are pertinent to a question of de facto parentage, whether the CPA’s framework—with its heightened standing requirements, pleading standards, and clear and convincing burden of proof—adequately safeguards the constitutional interests of legal parents, whether there are retroactivity concerns in applying the CPA, whether treating a person adjudicated to be a de facto parent as the legal equivalent of a parent for purposes of custody and visitation determinations impermissibly infringes on the constitutional rights of a legal parent who has parented the child since birth, or what weight, if any, should be afforded to the child’s independent interests once a parental relationship has been established by clear and convincing evidence. See footnote 14 of this opinion. We thus confine our analysis to the interpretation and application of the CPA itself. See, e.g., Kinney v. State, 285 Conn. 700, 710, 941 A.2d 907 (2008) (“legislative enactments carry with them a strong presumption of constitutionality” (internal quotation marks omitted)).

12

General Statutes § 46b-551 provides: “In applying and construing the provisions of sections 46b-450 to 46b-553, inclusive, consideration

Perez v. Carusillo

should have used other statutory definitions of “best

interest,” including, for example, the legislative findings that the legislature set forth in the adoption context in

§ 45a-727a. Section 45a-727a, titled “[l]egislative findings re best interests of child,” provides: “The General

Assembly finds that: (1) The best interests of a child

are promoted by having persons in the child’s life who

manifest a deep concern for the child’s growth and development; (2) The best interests of a child are promoted

when a child has as many persons loving and caring for

the child as possible; and (3) The best interests of a child are promoted when the child is part of a loving, supportive and stable family, whether that family is a nuclear,

extended, split, blended, single parent, adoptive or foster family.” Although some of the concepts embedded in

those findings may be relevant in certain circumstances

to a de facto parentage analysis, it was not error for the

trial court to not have expressly referenced or considered

those findings on the facts of this case, especially when

there is no indication in § 46b-490 (a) (7) that the court

was required to do so. Indeed, when the legislature has

preferred those findings to be utilized, it expressly has

said so. See General Statutes § 45a-727 (b) (2) (“[t]he

report shall indicate . . . whether the best interests of the child would be served in accordance with the criteria set

forth in section 45a-727a”).

The defendant further argues that the trial court

should have, but failed to, consider the definition of

“best interest,” as it is defined in the CPA itself. Section 46b-475 (a) provides: “Except as provided in public act

21-15, in a proceeding to adjudicate competing claims

of parentage of a child by two or more persons, the court

shall adjudicate parentage in the best interest of the

child, based on:

“(1) The age of the child;

“(2) The length of time during which each person

assumed the role of parent of the child;

shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.”

Perez v. Carusillo

“(3) The nature of the relationship between the child

and each person;

“(4) The harm to the child if the relationship between

the child and each person is not recognized;

“(5) The basis for each person’s claim to parentage of

the child;

“(6) Other equitable factors arising from the disruption

of the relationship between the child and each person, or

the likelihood of other harm to the child; and

“(7) Any other factor the court deems relevant to the

child’s best interests.” The defendant recognizes that §

46b-475 (a) is not a “[perfect] fit” because it applies to

“ ‘competing claims of parentage,’ ” which we are not

presented with in the present case. She argues nonetheless that this should still be the starting point for trial courts in the context of a best interest determination

under § 46b-490 (a) (7) because it includes specific terms

covering the given subject matter.

We agree that § 46b-475 (a) is not a perfect fit for the

present context. That provision addresses competing

claims of parentage among multiple claimants, and the

legislature has not expressly directed courts to apply its

factors when adjudicating a de facto parentage petition

under § 46b-490 (a) (7). Nevertheless, we agree with the

defendant that the factors enumerated in § 46b-475 (a)

provide useful and appropriate guidance for trial courts

undertaking the best interest inquiry under § 46b-490

(a) (7), even if resort to those factors may not be required in every case.

The reason is straightforward. Although § 46b-475 (a)

was designed to resolve competing claims of parentage,

its operative focus is on each claimant’s relationship with the child and the child’s well-being—an inquiry that

is, at its core, the inquiry a court must conduct when

determining whether “[c]ontinuing the relationship

between the person and the child is in the best interest

of the child” under § 46b-490 (a) (7). Both provisions

Perez v. Carusillo

require the court to look carefully at the nature of the

relationship between the person and the child, and both

ultimately ask whether the child’s welfare is served by

legal recognition of that relationship.

As we explained, the best interest determination under

§ 46b-490 (a) (7) is necessarily fact intensive and holistic. The age of the child at the time of adjudication, the length of time during which the petitioner assumed a parental

role, the nature and depth of that relationship, the harm

that would result from its nonrecognition, and other

factors bearing on the disruption of the relationship or

the likelihood of other harm to the child can each inform

whether continuing the relationship is in a child’s best

interest under § 46b-490 (a) (7). To be clear, we do not

suggest that the § 46b-475 (a) factors or the relevant

factors from § 46b-56 (c) exhaust the relevant considerations. Other circumstances particular to the child or the

petition may bear on the best interest inquiry, and trial

courts retain flexibility to account for them.

The defendant next argues that the trial court, in

concluding that it was not in the children’s best interests for the defendant to be adjudicated their de facto

parent, improperly and unnecessarily focused on the

heterosexual nature of her marriage to the plaintiff and,

in effect, precluded her from prevailing on her petition

because of the nature of that relationship. She further

contends that the court improperly suggested that her

status as stepparent weighed against recognition as a de

facto parent. According to the defendant, stepparents

are directly within the class of parental actors whom the

law was intended to benefit. We agree.

In evaluating best interests under § 46b-490 (a) (7),

the trial court referenced the heterosexual nature of

the defendant’s marriage to the plaintiff at least six

times in its decision. In so doing, the trial court examined the legislative history of the CPA, stating that it

“overwhelmingly indicates that the provisions of the

CPA expanding legal parentage status, like providing a procedure for a de facto parenthood petition, are

Perez v. Carusillo

generally not appropriately applied to situations concerning parentage in married heterosexual relationships.”

The court opined that the law instead was “designed

with same-sex couples, unmarried couples, and couples

who use alternative reproductive techniques in mind.”

In further evaluating the seventh criterion, the trial

court stated that “nothing in the CPA or its legislative

history supports the proposition that our legislature

intended stepparents to be able to use a petition for de

facto parenthood to be named a legal parent of a child over the opposition of a fit parent who supports the child.”

The court nonetheless declined to foreclose the possibility entirely, stating: “That is not to say that granting a

stepparent’s de facto parenthood petition in the context

of a married heterosexual relationship is categorically

prohibited by the CPA—the statute itself does not state

as much, and no appellate court in Connecticut has had

occasion to interpret it in such a manner—but the legislative history casts doubt on the notion that doing so

is appropriate under these particular circumstances.”

The trial court’s analysis and reasoning are flawed in

several respects. First, the plain language of the CPA

forecloses the trial court’s reasoning. Nothing in the

statutory scheme conditions eligibility to seek de facto

parentage on the petitioner’s sexual orientation, marital

status, or a particular family structure. To the contrary,

§ 46b-491 (a), which governs standing to bring a de facto

parentage action, broadly provides that “[a] proceeding

to establish parentage of a child under this section may

be commenced only by a person who: (1) Is alive when

the proceeding is commenced; and (2) claims to be a de

facto parent of the child.” The law defines a “ ‘[p]erson’ ” as “a natural person of any age.” General Statutes §

46b-451 (16). Likewise, the criteria for establishing de

facto parentage under § 46b-490 (a) focus on the existence, nature, and quality of the relationship, as well as

whether another parent has fostered and supported that

relationship. The statute does not create conditions based

on the petitioner’s marital status, sexual orientation, or

relationship to the legal parent.

Perez v. Carusillo

The lack of such conditions found in the de facto parentage provisions is reinforced by the CPA’s express

command that “[a] parent-child relationship extends

equally to every child and parent, regardless of the

marital status or gender of the parent or the circumstances of the birth of the child.” General Statutes §

46b-472. This provision reflects a deliberate legislative

choice to detach the legal recognition of a parent-child

relationship from traditional assumptions concerning

marriage, gender, and family composition. By treating

the defendant’s participation in a married heterosexual

relationship and her status as a stepparent as factors

weighing against her petition, the trial court introduced

distinctions that the legislature affirmatively rejected.13

Second, because the CPA is not susceptible to more

than one reasonable interpretation on this point, and

the trial court did not conclude otherwise, the court’s

resort to legislative history is inconsistent with well

established principles of statutory construction. Section 1-2z makes clear that “extratextual evidence of the

meaning of the statute shall not be considered” unless

the court first determines that the statutory language

is ambiguous. See, e.g., In re Elianah T.-T., 326 Conn.

614, 621, 165 A.3d 1236 (2017). Because the CPA’s plain

and unambiguous language resolves the issue before us,

the legislative history relied on by the trial court cannot alter that meaning and should not have been considered.

Accordingly, we conclude that the trial court erred in

interpreting and applying the CPA in adjudicating the

defendant’s de facto parentage petition.

C

The plaintiff contends that, even if we conclude that

the trial court misapplied § 46b-490 (a) (7), a remand is

13

The defendant makes a passing comment in her brief that equal protection concerns are implicated by the trial court’s application of a different standard to a stepparent in a same-sex marriage than to a similarly situated stepparent in a heterosexual marriage. Because we decide that the plain language of the CPA does not support the trial court’s analysis, we do not reach any equal protection issues that may be raised by the challenged interpretation of the act.

Perez v. Carusillo

unnecessary. Instead, he urges us to uphold the denial

of the defendant’s petition for de facto parentage on

the alternative ground that the defendant failed to

establish, by clear and convincing evidence, that the

plaintiff fostered or supported a bonded and dependent

relationship between the defendant and the children

that was parental in nature, as required by § 46b-490

(a) (6). More specifically, he argues that (1) a parent

who, like the plaintiff, declined previously to consent

to adoption cannot, as a matter of law, be found to have

fostered or supported the requisite relationship under

§ 46b-490 (a) (6), and (2) the evidence was insufficient

to support the trial court’s finding that he did so. We

are not persuaded by the plaintiff’s first contention,

and we decline to address the second at this juncture.

As to the plaintiff’s first contention, although he does

not challenge the constitutionality of the CPA,14 he contends that his refusal to consent to the defendant’s adoption of the children was dispositive of the sixth criterion and, therefore, precluded a finding that he fostered or

supported the requisite parental relationship. He maintains that the state should not adjudicate an individual

to be a child’s coparent when a fit parent opposes conferring that status. Nothing in the text of § 46b-490 (a) (6), however, suggests that a fit parent’s refusal to consent

to adoption is dispositive of whether a stepparent has

established that statutory criterion. As we explained, the

inquiry under that provision is a broad and fact intensive

one that focuses on the parent’s conduct throughout

the course of the relationship between the petitioner

and the child. See part II B of this opinion. Although a

parent’s opposition to adoption is unquestionably relevant evidence bearing on whether the parent fostered

14

In his brief, the plaintiff states that an “existing legal parent’s constitutional rights are protected by the heightened standing requirement” under the law and that the law’s “substantive requirements prevent parents from being subjected to unwarranted and unjustified litigation.” And, at oral argument before this court, the plaintiff’s counsel confirmed that the plaintiff is not challenging the constitutionality of the CPA but reserved the right to do so if this court remanded the matter for a new hearing.

Perez v. Carusillo

or supported a bonded and dependent relationship that

is parental in nature, it does not, as a matter of law, foreclose a finding that the parent nevertheless fostered or

supported such a relationship. A parent reasonably may

foster or support such a relationship through his or her

conduct while simultaneously declining to specifically

formalize it through the distinct, and often complicated,

process of adoption. Here, for example, the defendant

points to evidence that the plaintiff referred to her as

the children’s mother, permitted the children to do the

same, involved her in the children’s daily care, health

care, and religious upbringing, and coordinated his work

schedule with hers so that one of them was always available to care for the children.

As to the plaintiff’s related contention that there was

insufficient evidence to support the trial court’s determination concerning the sixth criterion, we decline to weigh

in on that question at this juncture. As we explained in

part II B of this opinion, the court improperly focused

too heavily on the plaintiff’s wishes when determining

whether continuation of the relationship between the

defendant and the children was in the children’s best

interests under § 46b-490 (a) (7). We also explained,

however, that a parent’s wishes are relevant under

§ 46b-490 (a) (6) insofar as they bear on whether that

parent fostered or supported the bonded and dependent

relationship between the petitioner and the child. The

trial court’s memorandum of decision does not reflect

any consideration of this evidence in its analysis of

§ 46b-490 (a) (6). Because the court’s misapplication of

§ 46b-490 (a) (7) may have affected the manner in which

it evaluated evidence relevant to § 46b-490 (a) (6), we

cannot conclude that its analysis under the latter provision would necessarily remain unchanged on remand.

Accordingly, we decline to resolve the plaintiff’s sufficiency challenge with respect to § 46b-490 (a) (6) before

the trial court has had the opportunity to consider all

the relevant evidence under the proper legal framework.

Perez v. Carusillo

In sum, because the trial court’s decision on the defendant’s de facto parentage petition rests on a misapplication of the governing law, a new hearing is required.

The judgment is reversed only with respect to the denial

of the defendant’s de facto parentage petition and the

case is remanded for further proceedings for reconsideration of the petition according to law; the judgment

is affirmed in all other respects.

In this opinion the other justices concurred.