Dawn J. Zeffiro v. Ronald G. Zeffiro (2011)

MEMORANDUM OF DECISION

The parties were married in 1996 and divorced in 2007.   They have two minor children, Donald, born on November 2, 1998, and Renee, born on November 18, 2004.   Since their divorce, the parties have had ongoing conflict with regard to their children and financial support matters.

A postjudgment motion dated 7/20/09 requested a change from joint legal custody and an evaluation by a mental health professional because of alleged behaviors of the father.   On 6/29/10 the parties agreed that the father's access to the children would occur under the supervision of Ms. Joan Whitten of AMPS. That agreement left the length of the visits to the supervisor and provided that no telephonic contact take place between father and children except when initiated by the children.

On 10/14/09 the matter was referred to Dr. Kenneth S. Robson, a well-respected psychiatrist, who prepared an extensive report.   The matter was heard before this court at the end of May 2011 and completed in August.   Testimony was given by Dr. Robson, the guardian ad litem, and Dawn Zeffiro.   Donald Zeffiro was given the opportunity to present evidence in August but he declined.   Dr. Robson's detailed report, thirty-four pages in length, was admitted into evidence.

This court has heard the testimony and examined Dr. Robson's intensive report which includes information from other medical providers and the court agrees with Dr. Robson's recommendations.   The court also notes that the guardian ad litem concurred with Dr. Robson's recommendations.

Therefore, the court will enter the following recommendations as ORDERS of the court:

1. The parties shall share joint legal custody of their two minor children, Donald and Renee, with primary residence with the mother.

2. Final decision-making authority with regard to medical, educational and religious matters shall rest with the mother.

3. Paternal access with the children shall be supervised.   Supervisors are to be selected from a pool of professionally competent individuals experienced in such work.   Father may exercise up to four hours of scheduled access from 12 noon to 4:00 p.m. on a Saturday or Sunday.   This access shall continue for six months.   If, at the end of six months, father has demonstrated self-control, good judgment and competent parenting, the periods of visitation may be extended from four to eight hours on alternating weeks.

4. Holidays shall be alternated between the parents but father is not permitted more time than the current schedule (i.e. four hours during the first six months and eight hours during the second six months).

5. If, in the opinion of the guardian ad litem, with additional input from a qualified child mental health professional, father has exhibited sound judgment and selfcontrol, an expansion of paternal access may be considered.   Alternating weekends without supervision may be initiated at that time.

6. Telephone contact between the children and their father is to be initiated by the children only.

7. The Zeffiro children must enter and sustain experience in psychotherapy with a qualified professional.   Such therapeutic effort should continue for as long as the therapist recommends.   Greg Truting should be involved.

8. Father must continue in regular psychotherapy with Dr. Fishman no less than twice monthly.   Mother must also participate in psychotherapy.   In addition, external resources of support for mother in the home should be actively pursued.

9. Any or all of the following may lead to a review of parental access:

(a) alcohol or drug use;

(b) uncontrolled anger as a recurrent pattern of parental behavior;

(c) evidence of inappropriate sexual contact on the part of either parent with either child;

(d) persistent attendance problems at school;

(e) persistent difficulty complying with the structure and boundaries of visitation and/or interference with paternal access;  and

(f) documented verbal, physical or sexual abuse;

10. Paternal grandfather may have contact with his grandchildren during the periods of supervised contact between Father and his children.   The court received information that the paternal grandfather has cancer and may not be able to travel with his son to supervised visitations.   It is suggested that phone or computer contact be made available for the grandfather.

11. Dr. Robson's report shall be made available to all therapists, present and future, involved with either the children or the parents in the Zeffiro family.

The court expects the supervisors for paternal contact be available to this court if need be by subpoena, and therefore resident in Connecticut, so that all supervised visitation will take place in Connecticut.

Dr. Robson's report will be taken from the evidence file and place in the Zeffiro case file under seal.   That report may be opened by any judge in the event this case comes back to court for any matters or hearings and a copy of Dr. Robson's report will be available to all therapists, present and future, who are involved with either child or parent in the Zeffiro family in accordance with this court's order.   The purpose is to avoid returning the evidence to the litigants in this case and preserving it for the court's reference with regard to its orders and any future matters.

SO ORDERED.

BY THE COURT,

Barall, JTR

Barall, Herbert, J.T.R.