Daniel Lebron v. Danielle Mullany (2011)

MEMORANDUM OF DECISION

The instant matter is a custody action brought by the plaintiff father seeking custody of the minor child Jeremiah Lebron (DOB 12/13/00).   Apparently, the almost ten years of cooperative parenting the parties enjoyed broke down when the defendant's live in boyfriend allegedly physically assaulted Jeremiah.   The child has lived with the plaintiff since early May 2010 when the parties reached a temporary settlement.   That agreement called for the child to engage in therapy, supported by his parents, and the matter was continued to the end of June for input from the therapist and Department of Children and Families (DCF) who became involved when the assault was reported.   The matter was continued under the same basic agreement and a guardian ad litem (GAL) was appointed.

The parties appeared in court on Wednesday February 23, 2011 for a hearing on the plaintiff's motion.   The records of the DCF investigation were subpoenaed by the court and both parties, as well as the GAL on behalf of Jeremiah, indicated on the record no objection to the court reviewing said records.   Testimony of both parties was taken.   DCF social worker Raynor testified as did the GAL.

After considering all of the evidence presented at the hearing and a diligent reading of the DCF file in chambers, the court makes the following findings:

1. Daniel Lebron is the father of Jeremiah Lebron born December 13, 2000.   Danielle Mullany is his mother;

2. On or about April 12, 2010, the defendant's boyfriend Leesandro “Lee” Lugo (DOB 9/2/84) physically assaulted the minor child at the home of Mr. Lugo and the defendant;

3. The defendant failed to protect her child and has continued to minimize the assault;

4. The defendant has not been consistent in attending therapy sessions for the benefit of her minor child despite court orders to that effect;

5. It is in the best interest of the minor child not to have any contact with Mr. Lugo.

Accordingly, after a careful review of the appropriate statutes in consideration of the evidence presented and the factual findings made, the court HEREBY ORDERS:

1. The parties shall share joint legal custody of the minor child Jeremiah Lebron (DOB 12/13/00);

2. The child's primary residence shall be with the plaintiff father;

3. The defendant mother shall have parental access to the child on a reasonable and liberal schedule to include, at a minimum, three weekends out of every month, from Saturday morning to Sunday evening, the specific times to be arranged by the parties.

4. Plaintiff's access shall be supervised by the maternal grandmother;

5. Mr. Lugo shall not be permitted access to the child during such times;

6. The parents shall cooperate with the child's therapy, currently with the East Hartford Youth Services, and the parents shall attend such sessions with the child if requested by the therapist;

7. The matters regarding child support and any arrearages that may have accumulated are referred back to the Family Support Magistrate court for further orders;  and

8. The matter is continued to Wednesday, July 27, 2011, for review of these orders and a determination if the supervision of mother's access time continues to be in the minor child's best interests.

BY THE COURT,

Adelman, J.

Adelman, Gerard I., J.