Felipe DeJesus v. Maria Rivera (2011)

MEMORANDUM OF DECISION

The court, after listening to the parties and reviewing all of the evidence, finds that it has jurisdiction and the allegations in the complaint are proven and true.   Great weight was given to the testimony of the guardian ad litem, the family relations counselor, and the “Family Assessment” section of the comprehensive custody evaluation report of the family relations counselor dated December 28, 2010.   All pertinent criteria outlined in Chapter 815 of the General Statutes as well as applicable case law were considered by the court in the entry of the following orders.

ORDERS

1.  The parties shall share joint legal custody of the minor child Paola, date of birth June 28, 2003.

2. The parties shall share and consult with each other on all major decisions concerning the minor child.   In the event of a dispute, the final decision making authority shall rest with the father.

3. The child's primary residence, effective March 4, 2011, shall be with the father on the condition that he obtain a three-bedroom residence prior to April 1, 2011.   If he is unsuccessful, the parties are to return to court for further orders.

4. The mother shall have parenting time with the child on alternating weekends, commencing on March 11, 2011, from Friday at 4:00 p.m. through Sunday evening at 6:00 p.m. In the event a school holiday falls either on the Friday before or the Monday after the scheduled weekend visitation, the mother shall have the option of having the child stay for the extra evening and day.

5. The mother shall be responsible for picking up the child from father's residence and the father shall be responsible for the transportation back to his residence.   In the event the mother is unable to provide transportation, she shall notify the father the day prior to the scheduled parenting time, and father shall transfer the child to the mother's residence.

6. Each party shall have two non-consecutive weeks of summer visitation with the child, with prior notice to the other parent no later than April 15 or as the parties otherwise agree.

7. The mother shall have the right of first refusal to have the child during the winter and spring school vacation periods.

8. The parties shall alternate all holidays as follows:  mother shall have Christmas Eve at 4:00 p.m. to Christmas Day at 10:00 a.m. and father the remainder of the Christmas holiday in odd numbered years and alternately thereafter;  the father shall have the child on New Year's Eve and Day in odd numbered years and alternately thereafter;  the mother shall have Three Kings Day in odd numbered years and alternately thereafter;  the father shall have Thanksgiving Day in odd numbered years and alternately thereafter;  and other legal holidays on an alternating basis.

9. The child shall be with the mother on Mother's Day and with the father on Father's Day.

10. Mother shall have daily telephone access to the child.   If the child is unavailable when mother calls, then the child shall return the call 7:00 p.m. that evening unless other arrangements are made.   Likewise, the father shall have telephone access to the child when she is in the mother's care.

11. The parties are referred to the Magistrate Court to establish an appropriate child support order and to establish any arrearage that might be due and owing.

12. The father shall be responsible to provide the child with health insurance.

13. Prior to filing any motion with the court, time and circumstances permitting, the parties shall first consult with the guardian ad litem on any dispute over these orders to attempt an amicable resolution.

14. Both parties shall participate in the child's school activities as required.

15. Each of the parties shall keep the other reasonably informed of the whereabouts of the child while the child is with him or her.   If either has knowledge of any illness or accident affecting the health or welfare of the child, they will promptly notify the other.

16. Each of the parties will promptly furnish the other copies of any reports from third persons or institutions concerning health, education, or welfare of the child.

17. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and the other parent and to foster a feeling of affection between the child and the other parent.   Neither party shall do anything which may estrange the child from the;  other party or injure the opinion of the child as to the father or mother, or act in such a way as to hamper the free and natural development of the child's love and respect for the other party.

CUTSUMPAS, J.T.R.

Cutsumpas, Lloyd, J.T.R.