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The Connecticut Custody Application form, codified under relevant sections of the state laws and procedural rules, stands as a critical document for those seeking to establish or modify custody or visitation rights within the jurisdiction of Connecticut. This comprehensive form, identifiable as JD-FM-161, is designed to facilitate the application process by guiding applicants through various sections that require detailed information about the child or children involved, the applicant's relationship to the child, and the specific type of legal relief being sought—whether custody or visitation. Applicants are instructed to earmark their request clearly and attach any necessary documentation that substantiates their legal relationship to the child, with mandatory redaction of personal identifying information to comply with privacy guidelines. The form further prompts the applicant to offer a rationale for why the Connecticut Superior Court should preside over the custody or visitation matter, emphasizing the importance of Connecticut's connection to the child. Additionally, the form addresses financial aspects, including whether the child has received state benefits or financial support, which might necessitate notification to state agencies. The application ultimately aims to capture all pertinent information, thus ensuring that the court possesses a thorough understanding of the circumstances surrounding the custody or visitation request, thereby facilitating a decision that reflects the best interests of the child or children at the heart of the application.

Document Sample

CUSTODY/VISITATION

STATE OF CONNECTICUT

APPLICATION — PARENT

SUPERIOR COURT

JD-FM-161 Rev. 1-20

 

www.jud.ct.gov

C.G.S. §§ 46b-56, 46b-61;

 

 

P.B. §§ 25-3, 25-4, 25-5

 

 

Custody

Visitation

 

Instructions

Court use only

APPLCUS

APPLVIS

*APPLCUS*

*APPLVIS*

Use for custody

Use for visitation

applications

applications

 

 

1.Check the “Custody” or “Visitation” box above, and complete pages 1 and 2 of this form. Attach the Order to Attend Hearing (form JD-FM-162), Notice of Automatic Court Orders (form JD-FM-158), and Affidavit Concerning Children (form JD-FM-164).

2.By the first date that this case appears on a court docket (the first scheduled date for this case), you must file the accompanying document(s) listed in number 1 below that apply to you and that prove an existing legal relationship between the parent(s) and the child or children. You must redact (remove) any personal identifying information, as defined by Section 4-7 of the Connecticut Practice Book, from these documents.

3.If you are a grandparent or a third party (not a legal parent), and you want to file for visitation with the child or children, use the Verified Petition for Visitation — Grandparents & Third Parties (form JD-FM-221).

Judicial District of

 

At (Town)

 

Docket number

 

 

 

 

Applicant's name (Last, first, middle initial)

Respondent's name (Last, first, middle initial)

 

 

Other parent's name (If other parent is not the respondent)(Last, first, middle initial)

Other parent's address (If other parent is not the respondent)

 

 

 

 

Additional respondent's name

(If applicable) (Last, first, middle initial)

 

 

1. I am the child or children's

Mother

Father

By the first scheduled date for this case, I will file the applicable accompanying document(s) from this list that prove an existing legal relationship between the parent(s) and the child or children named in this application with any personal identifying information, as defined by Section 4-7 of the Connecticut Practice Book, redacted (removed):

A copy of a birth certificate naming me as one of the parents;

A copy of a properly executed (finalized) acknowledgement of paternity;

A court order or decree naming me as a legally responsible parent (including an adoptive parent);

A gestational agreement giving me parental rights (see Section 7-36 of the Connecticut General Statutes);

Document(s) showing that the child or children was/were born during my marriage; or

Any other evidence that I think is sufficient (enough) to convince the court that I am a legal parent of the child or children.

2. The respondent(s) is/are the:

Mother

Father

Grandparent

Other: (Specify)

3.I want: (Select one)

custody of the child (or children) listed below

 

visitation rights with the child (or children) listed below

(Attach additional sheets if necessary)

Child's name (First, middle, last)

Date of birth

Name(s) of parent(s) or guardian(s) (First, middle initial, last)

4. Connecticut has the authority to decide this case and should decide this case because: (Select all that apply)

a.

b.

c.

d.

e.

f.

Connecticut is the home state of the child (or children) at the time of the filing of this case.

The child (or children) has (or have) lived in Connecticut for the past 6 months, or from birth if the child (or children) is (or are) younger than 6 months old.

The child (or children) lived in Connecticut for at least 6 months but was (or were) taken from Connecticut less than 6 months ago by a person claiming custody, and a parent or guardian continues to live here.

The child (or children) and at least one parent have a significant connection to Connecticut, and there is substantial evidence in Connecticut concerning the child's (or children's) present or future care, protection, training, and personal relationships.

The child (or children) is (or are) in Connecticut now and has (or have) been abandoned, or there is an emergency affecting the child's (or children's) well-being.

No other state has an interest in hearing this case, and it is in the best interest of the child (or children) for a Connecticut court to hear the case.

Page 1 of 2

Additional Instructions:

If you are the mother or father and want custody, go to Number 5 below, and continue from there.

If you are the mother or father and want visitation, go to the Claim For Relief section below, and continue from there.

5.The applicant, respondent, or any child (or children) listed has (or have) received financial support and/or HUSKY from the State of Connecticut:

Financial Support: (Select one)

HUSKY Health Insurance: (Select one)

Yes

Yes

No

No

Do not know

Do not know

If you checked yes for Financial Support and/or HUSKY, send a copy of this Application, Order to Attend Hearing, Notice of Automatic Court Orders, and any other document filed with this application to the Office of the Attorney General, 165 Capitol Avenue, Hartford, CT 06106, and file the Certification of Notice (form JD-FM-175) with the court clerk.

6.The applicant, respondent, or any child (or children) listed has (or have) received financial support from a city or town in Connecticut: (Select one)

Yes (City or town):

No

Do not know

If you checked yes, send a copy of this Application, Order to Attend Hearing, Notice of Automatic Court Orders, and any other document filed with this application to the City or Town Clerk of the city or town providing assistance, and file the Certification of Notice (form JD-FM-175) with the court clerk.

Claim for Relief

For Custody: (The Applicant asks the Court for custody orders) (Select all that apply)

Regarding decision-making responsibility:

Sole legal custody

Joint legal custody

A parenting responsibility plan, which includes a plan for the parental decision-making regarding the minor child (or

children)

And

Regarding physical custody:

Primary residence with:

A parental physical access schedule and/or visitation

Regarding child support: (If custody application — includes cash medical, health insurance, unreimbursed medical expenses, and qualifying child care)

Child Support

An order for the educational support of my child (or children) for post-high school education or training under Section 46b-56c of the Connecticut General Statutes.

For Visitation: (The Applicant asks the Court for visitation orders as follows)

Signature of Applicant or Petitioner

Print name of person signing at left

Date signed

Address

Telephone (Area code first)

ADA NOTICE

The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA.

JD-FM-161 Rev. 1-20

Page 2 of 2

Document Overview

Fact Name Description
Form Title CUSTODY/VISITATION APPLICATION — PARENT
Form Number JD-FM-161
Revision Date January 2020
Governing Laws Connecticut General Statutes (C.G.S. §§ 46b-56, 46b-61); Connecticut Practice Book (P.B. §§ 25-3, 25-4, 25-5)
Use of Form Used by parents to apply for custody or visitation rights in the State of Connecticut
Additional Documents Required Order to Attend Hearing (form JD-FM-162), Notice of Automatic Court Orders (form JD-FM-158), and Affidavit Concerning Children (form JD-FM-164)

Instructions on How to Fill Out Connecticut Custody Application

Filling out the Connecticut Custody Application form is a straightforward process that requires attention to detail. It is designed for parents or legal guardians seeking custody or visitation rights of a child or children in Connecticut. The information you provide should be accurate and truthful to ensure a smooth application process. After completing the form, you’ll need to attach specific documents as proof of your legal relationship with the child or children and submit everything to the court. Here’s how to accurately complete the application:

  1. Start by checking either the “Custody” or “Visitation” box at the top of the form to indicate the nature of your application.
  2. Fill in the Judicial District and town, along with the docket number if you have one. If you do not have a docket number, this will be assigned by the court.
  3. Enter your full name (Applicant's name) using the format Last, First, Middle initial.
  4. Provide the Respondent's full name using the same format. The respondent is typically the other parent or guardian of the child(ren).
  5. If there is another parent not listed as the respondent, include their name and address in the designated section.
  6. Include any additional respondent's name if applicable, following the required format.
  7. Select your relationship to the child or children (Mother, Father).
  8. By the first date your case appears on a court docket, you must file the required documents listed on the form to prove your legal relationship with the child or children. Ensure all personal identifying information is redacted.
  9. Indicate the respondent’s role in the child's life (Mother, Father, Grandparent, Other).
  10. Determine whether you are seeking custody or visitation rights and list the child or children’s names, dates of birth, and names of current parent(s) or guardian(s).
  11. Select all conditions under which Connecticut has the authority to decide on your case.
  12. If you are the mother or father seeking custody, fill out the additional instructions regarding financial support, HUSKY Health Insurance, and assistance from a city or town in Connecticut. If necessary, send copies as instructed to the Office of the Attorney General or the City or Town Clerk.
  13. Under the Claim for Relief section, specify the custodial terms you are asking the court to grant. This can include decision-making responsibility, physical custody, child support, and educational support after high school.
  14. Sign the form and print your name, fill in the date signed, and provide your address and telephone number.

After you have completed the form and attached all necessary documents, make sure to file it with the appropriate Superior Court. It’s a good idea to keep copies of everything you submit for your records. This is an important step towards ensuring the welfare and stability of the child or children involved.

More About Connecticut Custody Application

  1. What is the purpose of the Connecticut Custody Application form JD-FM-161?

The Connecticut Custody Application form JD-FM-161 is a legal document used for parents or legal guardians to formally request either custody or visitation rights of a child or children in the Superior Court of Connecticut. It outlines the necessary information and accompanying documents required to establish a legal relationship with the child and to argue for the applicant's custody or visitation preferences.

  1. Who needs to fill out the Connecticut Custody Application form?

Any parent or legal guardian wishing to apply for custody or visitation rights of a child in the state of Connecticut must fill out the form. This includes mothers, fathers, and potentially other relatives who can prove an existing legal relationship with the child and meet the court's requirements for filing such an application.

  1. What documents must accompany the Connecticut Custody Application form?

  • A copy of the child's birth certificate naming the applicant as a parent.
  • A finalized acknowledgment of paternity.
  • A court order or decree establishing the applicant as a legally responsible parent.
  • A gestational agreement awarding parental rights to the applicant.
  • Evidence of the child being born within a marriage if applicable.
  • Any other evidence that supports the applicant’s legal parentage.
  1. Can grandparents or third parties apply for visitation using the Connecticut Custody Application form?

Grandparents or third parties who are not legal parents but wish to file for visitation rights with a child or children must use a different form, specifically the Verified Petition for Visitation — Grandparents & Third Parties (form JD-FM-221), and not the Connecticut Custody Application form.

  1. What needs to be proven for a successful custody or visitation application?

The applicant must demonstrate a legitimate legal relationship with the child or children involved. This includes showing evidence such as birth certificates, legal documents, or other sufficient evidence proving the applicant's status as a legal parent or guardian eligible for custody or visitation rights.

  1. What criteria does the Connecticut court use to decide custody or visitation cases?

The court considers a variety of factors, including but not limited to:

  • The best interest of the child or children.
  • Connecticut's authority and appropriateness to decide the case based on the child's home state, living arrangements, and connection to the state.
  • The welfare and safety of the child.
  • The child's relationship with each parent.
  • Each parent's ability to care for and provide for the child.
  1. What happens after filing the Connecticut Custody Application form?

After completing and filing the form, along with any required accompanying documents, the applicant must send copies to the necessary parties as indicated in the instructions. This includes, but is not limited to, the Office of the Attorney General or the clerk of the city or town providing assistance if applicable. A hearing date will then be scheduled, during which the court will review the application and make a decision regarding the custody or visitation request.

  1. Is there a filing fee for the Connecticut Custody Application form?

The document does not specify filing fees; however, courts typically require a fee for processing custody or visitation applications. Applicants should contact their local court or visit the official Connecticut Judicial Branch website for current fee schedules and payment policies.

  1. Where can one find more information or assistance with filling out the Connecticut Custody Application form?

For more information or assistance, applicants can visit the official Judicial Branch of the State of Connecticut website at www.jud.ct.gov. Additionally, contacting a local family law attorney or the court clerk's office directly can provide guidance and clarify any questions specific to individual cases.

Common mistakes

Filing for custody or visitation in Connecticut is a detailed process that requires careful attention to the CUSTODY/VISITation APPLICATION — PARENT SUPERIOR COURT form (JD-FM-161). Despite the comprehensive instructions provided, applicants frequently make errors that can affect the outcome of their case. Understanding these common mistakes may help individuals navigate the process more effectively.

One frequent error is failing to check the appropriate box at the top of the form to indicate whether the application is for custody or visitation. This may seem like a minor oversight, but it is crucial for directing the application to the correct legal pathway. Another significant mistake involves incomplete or incorrect attachment of the required documents which provide proof of the legal relationship between the parent(s) and the child or children. These documents are vital for the case and must be included from the outset.

  1. Not checking the appropriate box ('Custody' or 'Visitation') which can lead to processing delays.
  2. Forgetting to attach required documents like the Order to Attend Hearing, Notice of Automatic Court Orders, and an Affidavit Concerning Children.
  3. Failing to include documents proving the existing legal relationship between the parent and the child or children.
  4. Incorrectly redacting personal identifying information.
  5. Not providing a detailed claim for relief, which outlines what the applicant is requesting from the court.
  6. Omitting financial information related to state or town support which is crucial for the court's consideration.
  7. Overlooking the need to notify the Office of the Attorney General or the City or Town Clerk when financial support has been received from the state or a municipality.

Moreover, applicants often misunderstand the requirement for redacting personal identifying information as defined by Section 4-7 of the Connecticut Practice Book. Many either fail to redact sensitive info adequately or go too far, obscuring necessary information. Additionally, the complexity of the claim for relief section where applicants specify their desired outcomes concerning custody, visitation, and child support often leads to inaccuracies or omissions. This section is pivotal as it communicates to the court the specific legal and physical custodial arrangements being requested.

Financial aspects associated with custody or visitation applications, particularly the sections about financial support received from the state or a municipality, are also frequently mishandled. Applicants either fail to disclose this information correctly or neglect to send copies of the application and attendant documentation to the necessary governmental offices. This not only delays the processing of the application but can also result in legal ramifications for the applicant.

  • Details must be filled in accurately to reflect the applicant's circumstances and intentions.
  • Documentation proving the legal relationship to the child or children must be complete and correctly redacted to protect privacy while still complying with legal requirements.
  • Financial information related to support received from government entities must be handled correctly to ensure compliance with state requirements.

By avoiding these common mistakes, applicants can improve the likelihood of a smoother process in their pursuit of custody or visitation rights. It is always advisable for individuals navigating these legal waters to seek guidance, either from court resources designed to assist self-represented parties or from a legal professional, to ensure their application is complete and accurate.

Documents used along the form

When navigating the process of applying for custody or visitation in Connecticut, several essential documents complement the Connecticut Custody Application form. These documents provide the court with comprehensive information, ensuring that the judge can make a decision that is in the best interest of the child or children involved. Understanding each of these documents can significantly streamline the custody or visitation application process.

  • Order to Attend Hearing (form JD-FM-162): This document notifies the involved parties about the date and time of the custody or visitation hearing. It's crucial for ensuring all parties are aware of the hearing and have the opportunity to prepare and present their case.
  • Notice of Automatic Court Orders (form JD-FM-158): Once a custody or visitation application is filed, certain automatic orders come into effect, applying to both parties. This notice outlines those orders, which include prohibitions on relocating children out of state, making significant changes to insurance policies, and more, to maintain the status quo until the court makes a decision.
  • Affidavit Concerning Children (form JD-FM-164): This sworn statement provides the court with detailed information about the child or children involved, including their current living situation, the involvement of each parent in the child's life, and any previous custody determinations. This information is vital for the court's understanding of the child's best interests.
  • Verified Petition for Visitation — Grandparents & Third Parties (form JD-FM-221): If a grandparent or another third party (not a legal parent) seeks visitation rights, this form allows them to formally request the court's consideration. It details the petitioner's relationship to the child and the reasons visitation is in the child's best interest.
  • Certification of Notice (form JD-FM-175): When financial support is received from the State of Connecticut or a city/town, this form certifies that copies of the custody or visitation application and related documents have been sent to the appropriate government office, as required by law. This ensures that any governmental interest in the case is addressed.

Gathering these documents, along with the custody or visitation application form, represents a critical step toward ensuring that the child's well-being is the central focus of any court decision. Each document serves a unique purpose in painting a comprehensive picture of the child's life and the potential impact of the court's decision. Providing thorough and accurate information in these forms can help the court make informed decisions that safeguard the best interests of the child or children involved.

Similar forms

The Connecticut Custody Application form, known officially as JD-FM-161, facilitates a structured pathway for individuals to assert their rights to either custody or visitation of a child within the jurisdiction of Connecticut's legal framework. This form nests within a broader constellation of legal documents, each with its unique sphere of influence yet interconnected in legal processes pertaining to child welfare and parental rights. These documents, while serving distinctive roles, collectively ensure a robust, fair, and standardized approach to resolving custody and visitation disagreements in the state's family courts.

One such document bears resemblance to the Connecticut Custody Application form in its foundational purpose: the Order to Attend Hearing (form JD-FM-162). This document is issued alongside the custody application to mandate the appearance of the concerned parties at a hearing. The procedural kinship between JD-FM-161 and JD-FM-162 is critical; both work in concert to set the stage for the court’s evaluation of custody or visitation matters. While the custody application outlines the requester's initial claim and basis for requesting custody or visitation, the Order to Attend Hearing operationalizes this claim by scheduling a judicial review. Herein lies their similarity: each serves as a critical procedural step towards resolving custody or visitation issues, albeit at different stages of the court process.

Another document integral to the custody application process is the Notice of Automatic Court Orders (form JD-FM-158). This form is necessary for ensuring that, upon the commencement of a divorce or legal separation proceeding involving children, certain restrictions automatically come into play to safeguard the welfare of the involved minors. The synergy between the Connecticut Custody Application form and the Notice of Automatic Court Orders is evident in their mutual goal of child protection. While the custody application seeks to establish or modify the legal relationship between a parent or guardian and a child, the Notice of Automatic Court Orders provides an immediate layer of protection by limiting actions that could negatively impact the child’s well-being during the pending litigation. These limitations include, but are not limited to, relocating with the child, withdrawing them from school, or concealing them from the court's jurisdiction.

The Affidavit Concerning Children (form JD-FM-164), is yet another document that shares a functional parallel with the Connecticut Custody Application. This affidavit requires detailed information about the child or children involved in a custody or visitation application, including their current living situation, the existence of any previous court orders involving them, and other pertinent details. The congruence between these forms lies in their common objective to arm the court with comprehensive background information essential for making informed decisions about a child's custody or visitation status. Where the custody application declares a party's intent and reasoning for seeking custody or visitation, the Affidavit Concerning Children ensures that the court's deliberations are grounded in a thorough understanding of the child's circumstances and needs.

Dos and Don'ts

When you’re filling out the Connecticut Custody Application form, it’s crucial to approach the task with care and precision. Understanding what to do and what to avoid can streamline the process, making it easier for you to convey the necessary information accurately. Below are some key dos and don’ts to keep in mind:

Do:

  1. Read through the entire form before beginning. This ensures that you understand what information is required and how to prepare it.
  2. Check the appropriate box at the top to indicate whether you are applying for custody or visitation. This distinction is crucial for the processing of your application.
  3. Provide accurate and complete personal information for all parties involved, including full names, addresses, and relations to the child or children.
  4. Attach all required documents such as the Order to Attend Hearing, Notice of Automatic Court Orders, and Affidavit Concerning Children, making sure they support your application effectively.
  5. Redact (remove) any personal identifying information where instructed, to comply with privacy regulations and ensure the protection of sensitive information.

Don’t:

  1. Rush through the form without paying attention to details. Mistakes or omissions can delay the process or affect the outcome of your application.
  2. Include incomplete or inapplicable documents. Only submit materials that are directly relevant and required for your custody or visitation application.
  3. Overlook the section regarding Connecticut’s authority to decide your case. Carefully select the option(s) that legitimately establish Connecticut’s jurisdiction over your custody or visitation matter.
  4. Forget to provide evidence of a legal relationship with the child. This could be a birth certificate, adoption decree, or other documents proving your standing as a parent or legal guardian.
  5. Ignore instructions for notifying the Office of the Attorney General or City/Town Clerk if financial support or HUSKY Health Insurance is relevant in your case. Compliance with these steps is essential.

Misconceptions

When navigating the complexities of applying for custody or visitation rights in Connecticut, understanding the Connecticut Custody Application form (JD-FM-161) is crucial. However, there are common misconceptions about this form that need to be clarified to ensure individuals are fully informed before they proceed. Here are seven misunderstandings often encountered:

  • Misconception 1: The form is only for parents seeking full custody.
  • Contrary to what some might think, the Connecticut Custody Application form can be used not only by parents seeking custody but also by those looking to establish formal visitation rights. It caters to a variety of familial situations, including grandparents and third parties through a different but related form (JD-FM-221).

  • Misconception 2: You can file this form without any other supporting documents.
  • Filing the form requires accompanying documents that prove an existing legal relationship between the applicant and the child or children. These documents might include a birth certificate, an acknowledgement of paternity, or a court order. Personal identifying information must be redacted from these documents to protect privacy.

  • Misconception 3: Once the form is filed, the court automatically grants custody or visitation rights.
  • Filing the application is just the beginning of the process. The court reviews the application along with the supporting documents and arguments presented at a hearing before making a decision on custody or visitation rights.

  • Misconception 4: Completing the form guarantees legal representation in court.
  • Completing and filing the form does not provide an applicant with a lawyer. Individuals seeking custody or visitation must either hire an attorney to represent them or proceed pro se, meaning they represent themselves in court.

  • Misconception 5: Only the child's biological parents can apply for custody using this form.
  • While the form is primarily designed for parents, it also accommodates applications from grandparents or third parties under certain circumstances, emphasizing the need for a legal or blood relationship with the child.

  • Misconception 6: The form is valid in courts outside of Connecticut.
  • The JD-FM-161 form is specific to the State of Connecticut and is designed to comply with Connecticut's laws and regulations. Its use and the proceedings it initiates are only applicable within the jurisdiction of Connecticut's courts.

  • Misconception 7: There is a one-size-fits-all approach for filling out the form.
  • The application process considers the unique circumstances of each case. Applicants must carefully select options that reflect their specific situation, such as whether they're seeking sole or joint custody, and provide detailed information about their relationship with the child or children involved.

Understanding these misconceptions is crucial for anyone involved in a custody or visitation application process in Connecticut. It ensures that applicants are better prepared and can navigate the complexities of the legal system more effectively.

Key takeaways

When filling out the Connecticut Custody and Visitation Application, it's paramount to understand the process to ensure that your application is completed correctly and efficiently. Here are key takeaways to guide you through the application:

  • First, determine the type of application you need to submit - whether for custody or visitation. The Connecticut Custody Application provides distinct boxes for each, requiring accurate completion of the form based on your specific needs. This distinction is crucial for the court to provide the proper orders relevant to your situation.
  • Documentation is key. Along with the application, you must attach the Order to Attend Hearing, Notice of Automatic Court Orders, and the Affidavit Concerning Children. Moreover, by the first court date, additional documents proving an existing legal relationship with the child or children must be filed. These documents can include a birth certificate, acknowledgement of paternity, court orders, gestational agreements, or any other evidence deemed sufficient. Remember, any personal identifying information should be redacted to protect privacy.
  • The application requires you to clearly state your relationship to the child, select whether you are seeking custody or visitation, and detail the child's name and date of birth. If you're applying for visitation and are not a legal parent, a Verified Petition for Visitation for grandparents and third parties must be used instead. This specificity assists the court in understanding your position and the nature of your request.
  • Establishing jurisdiction is essential. The application asks for detailed information to confirm that Connecticut has the authority to make a custody or visitation decision. This includes asserting that Connecticut is the child's home state, outlining the child's connections to Connecticut, or explaining why Connecticut is the most appropriate state to hear the case. These details support the court's ability to make informed decisions based on the child's best interests and the legal standards in place.

Completing the Connecticut Custody and Visitation Application with thoroughness and attention to detail can significantly impact the outcome of your case. It's advised to seek legal guidance to navigate through the complexities of the form and to ensure that all provided information aligns with Connecticut's legal requirements and aids in achieving the best possible outcome for the child or children involved.

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