Woody Pitkat v. Alyssa Gearty (2012)

MEMORANDUM OF DECISION

The issues before the Court mainly involve parenting issues between the parties over Ella Marie Gearty, their four-year-old daughter.   On August 10, 2009 a stipulated judgment was entered which included custody and access provisions.   Among the many provisions of the agreement was a prohibition against either parent relocating out of state or outside of a fifteen-mile radius, absent a court order or written agreement from the other parent.

In December 2010, Alyssa (mother), who had primary residence of Ella, filed a motion to modify that would allow her to relocate to Norwood, Massachusetts.   Her reasons for wanting to move were generally twofold.   First, she had family there—parents and sister, who could help with baby sitting and general support.   Second, she could not find work in Connecticut, but had and still has, a job in Norwood, working Mondays, Tuesdays and Thursdays.

The referral to Family Relations to attempt an agreement was unsuccessful.   Family Relations recommended in favor of the relocation, finding that her motives for moving were proper and reasonable under the circumstances, and noting that parenting access would have to be modified to accommodate the new situation.   The mother, however, felt she had no good option, and unilaterally moved with Ella to Norwood and she remains there today.

The father, who apparently has had a change of heart, is no longer opposed to the relocation and in November 2011 filed a motion asking the court to enter orders in accordance with Family Relations recommendations, but subject to specific revisions and additions.

An evidentiary hearing was held on March 27, 2012 to address the issues between the parties.   Both parties testified as well as Paul J. Lorenzo, the Family Relations Counselor, who proposed certain modifications to prior orders which he believed to be appropriate to the changed circumstances.

The Court has considered the requests of both parents and enters the following orders:

1.  The minor child, Ella Gearty (February 14, 2008) shall be permitted to relocate with her mother to Norwood, Massachusetts.

2. The parents shall continue to share joint legal custody and physical custody assumed by mother.

3. The father shall have an increase in his weekend parenting access with Ella on three weekends per month (first, third and fourth calendar weekend each month) from Thursday evening to Sunday evening from ages three to five, prior to her start of Kindergarten and Friday evening to Sunday evening following the beginning of formal schooling.

4. Mother shall have her weekend parenting access with Ella on one weekend per month (second calendar weekend each month) and when applicable, shall assume the fifth calendar weekend during the months that include a full or portion of a fifth weekend.

5. Father may exercise a midweek dinner visit following mother's weekend on the Tuesday following mother's weekend from 5:00 pm to 7:00 p.m., said visit shall occur within the geographical area in which the child resides at the time.

6. The parents shall meet at a site in central Massachusetts which is approximately mid-way between their homes, for the weekend changes of Ella. It is the purpose of this order that the parties shall generally share the burden of transportation equally.

7. The parents' holiday and vacation access schedule shall be as follows:

Martin Luther King Day, Presidents' Day, Memorial Day, Labor Day, and Columbus Day (Mondays) shall be viewed as extended time with whichever parent had the child for the weekend.

Father shall assume February's winter school vacation week on an annual basis.

Easter Sunday shall begin on Saturday evening at 5:00 p.m. until Sunday evening and shall be followed on an alternating basis.   Father shall assume odd-numbered years, while mother shall assume even-numbered years.

Mother's Day shall begin on Saturday at 6:00 p.m. and be with mother annually.

Father's Day shall begin on Saturday at 6:00 p.m. and be with father annually.

Independence Day (July 4th) shall be followed on an alternating basis.   Mother shall assume odd-numbered years, while father shall assume even-numbered years.

Summer vacations—Each parent shall assume one full week for a 7–day uninterrupted vacation with the child and must inform the other in writing their plans by April 1st of each year.

Halloween (October 31st).   The parents shall comply with this day by following their original schedule.

Thanksgiving (Wednesday at 5:00 p.m. to Friday at 5:00 p.m.) shall be followed on an alternating basis.   Father shall assume odd-numbered years, while mother shall assume even-numbered years.

Christmas Eve and Day (December 24th at noon to December 26th at 5:00 p.m.) shall be followed on an alternating basis.   Mother shall assume odd-numbered years, while father shall assume even-numbered years.

Holiday vacation week (December 26th at 5:00 p.m. to January 1st at 5:00 p.m.) shall be followed on an alternating basis.   Father shall assume odd-numbered years, while mother shall assume even-numbered years.

8. The parties shall consult with each other regarding enrolling the child in a preschool program or extra curricular activities.   Neither shall unreasonably withhold his or her permission.

The Court does not order, as requested by the plaintiff, that Connecticut shall continue to maintain jurisdiction over child related matters.   Appropriate statutes are in place in the event jurisdictional issues arise.

Any Court orders, and specifically the Custody and Parenting agreement dated August 10, 2009, which was adopted by the Court, which are not modified by the orders herein, shall remain in full force and effect.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.