Charles Nedder v. Marla Nedder (2012)

MEMORANDUM OF DECISION

The court after reviewing the testimony, exhibits and having heard the final arguments in the above matter regarding custody and access for the minor child, Isabella, does hereby find and enter orders pendente lite.

The mother and father have peculiar emotional problems with which have had an effect on the other party and their child appears to be the focus of and perhaps the stimulus for their respective problems.   The child's tender years present a challenge for a permanent parenting plan during this action and perhaps after a judgment.   Therefore, the Guardian ad Litem's proposed orders are incisive, and are made the pendente lite orders of the court effective March 25, 2012 see (Exhibit A) attached hereto and made a part hereof.

BY THE COURT

MALONE, J.

DOCKET NO:  FA–10–4019331S

SUPERIOR COURT

CHARLES NEDDER v. MARLA NEDDER

J.D. OF STAMFORD/NORWALK AT STAMFORD

MARCH 1, 2012

PENDENTE LITE

RECOMMENDATION OF GUARDIAN AD LITEM

1. The parties will share joint legal custody and the Mother will have primary physical custody of the minor child, Isabella Nedder, age (3).

2. After full conference and consultation, on major issues concerning health, education and welfare of the minor child, final decision making authority will be with the Mother.   The parties will communicate with each other by email on these issues, and will respond to each other within a reasonable amount of time, no later than (48) hours.   If the Father fails to do so, the Mother may assume that he gives assent to her decision.

3. The parties will freely share information with each other regarding the child's medical, academic or extracurricular activities.   Each party will have full access to any records regarding the child and both parties will be listed as the emergency contact for the child.

4. The Father will have the following parenting time:

A. (1) afternoon per week, on Mondays from after school until 7:00 p.m. The Father will provide lunch and dinner and will have an appropriate room available for the child to nap.   He will not bathe the child.   The Father will pickup from preschool and will return the child to the Mother's home by 7:00 p.m.

B. (1) morning per week when the child does not have preschool, on Thursday from 8:30 a.m. until 1:30 p.m. The Father will provide breakfast if the child has not eaten as well as lunch.   Pickup will be from an agreed upon public place, such as the library, coffee shop or the like.   If necessary the Guardian Ad Litem will assist in choosing the public place.   The Father will return the child to the Mother's home at the end of the visit.

C. (1) weekend day each weekend, alternating Saturday and Sunday.   The Saturday visitation shall be from 11:30 a.m. until 6:30 p.m. If the Father needs to work and cannot exercise the full day on Saturday, he shall provide no less than (48) hours notice and the visit shall be until 1:30 p.m. The Sunday visitation shall be from 8:30 a.m. until 1:30 p.m. The parties will agree on a public place for pickup as set forth above and the Father will return the child to the Mother's home at the end of the visit.

5. The Mother shall have parenting time on Mother's Day and the Father shall have parenting time on Father's Day, as set forth above.

6. The Father must be present with the child at all times during his parenting time.   The Father will drive the child for pick up and drop offs as set forth.

7. Both parties will continue and cooperate with the child's course of therapy with Dr. Pauline Jordan and will participate and attend in accordance with Dr. Jordan's recommendation.   The parties shall share equally in the cost.

8. Both parties will continue or engage in a course of therapy with a licensed clinical psychologist or psychiatrist, with a Ph.D. or M.D. degree.   The Father will engage in the process of behavioral cognitive therapy.

9. The Father will be entitled to have (1) telephone or Skype call with the child, on each day that he does not exercise parenting time.   Telephone calls will be at a set time, and messages shall be promptly returned.

10. Under no circumstances will either party demean, denigrate or disparage the other parent, significant others, grandparents, or other family members, in the presence of the child, nor will either parent permit others to do so.   Neither parent shall do anything that may estrange the child from the other parent nor injure the opinions of the child as to the other parent, nor act in such a way as to hamper the free and natural development of the child's love and respect for the other parent.   Both parties shall act with civility, respect, and courtesy towards one another.

11. The parties shall review the issue of expanding or contracting visitation in June 2012.

RESPECTFULLY SUBMITTED

GUARDIAN AD LITEM

Veronica E. Reich

Malone, Robert J., J.