Charles Toth v. Donna Toth (2012)

MEMORANDUM OF DECISION

After several days of hearings on Motions for contempt and modification of parenting plan, the court enters the following orders:

1. Parties shall have joint legal custody of their three children.   If the plaintiff participates in the appointments for the children as to their school and medical needs and other issues, then the parties shall discuss these issues and if they cannot agree they shall meet with the appropriate third party relating to such decision (i.e., teacher, doctors, therapist).   If after consultation between the parties and after meeting with such third party, the parties are unable to reach an agreement, the defendant shall be permitted to make and immediately implement the decision.   The plaintiff, if he believes the decision is not in the best interests of the child, shall be permitted to submit the issue to the Superior Court for review and consideration.   If the plaintiff fails to participate in appointments for the children as to their school needs and medical needs, the defendant shall have final decision making authority without consultation with the plaintiff.

2. The defendant shall have primary physical custody of the children;

3. The plaintiff shall have the following parenting time with the children (with the provisions of paragraph 6 below):

Tuesdays 5 pm to 8 pm, the plaintiff shall provide dinner and do all homework with the children, Thursdays 5 pm to 8 pm, the plaintiff shall provide dinner and do all homework with the children.   Commencing June 11, 2012 and continuing for four weeks, every Sunday 10 am to 6 pm.   Commencing thereafter, the Tuesday and Thursday time continues and alternating weekends from Saturday at 10 am until Sunday at 6 pm until the two older children go to summer sleep away camp.   When the two older children are at sleep away camp, the youngest child shall not do overnights with the plaintiff.   On the first weekend when the two children return from sleep away camp, the alternating weekends overnights recommences, with all three children.   The plaintiff's parenting time with the youngest child during the time the older children are at sleep away camp shall be on Tuesday and Thursday as above, and every Sunday from 10 am to 6 pm.

4. The plaintiff shall take the children to all of their activities during his parenting time;  if he needs assistance to transport the children to any activities that conflict with each other, then he may ask the defendant to assist if she is available.

5. For a period of six (6) months from the date of these orders, the plaintiff shall not consume alcohol.

6. The plaintiff shall have random alcohol testing once a week for the first four weeks from the date of this order.   Said tests to be paid for by the defendant.   If the plaintiff tests positive during this time his parenting time for that week shall be suspended, and alternating overnight weekend parenting time is postponed for three months.   At that time the plaintiff's parenting time reverts to Tuesday, Thursday and Sunday as above delineated.   During those three months weekly random alcohol tests shall occur at the plaintiff's sole expense.   If during that extended three-month time the plaintiff tests positive for alcohol, his visitation is suspended until a schedule for supervised visitation is put in place by the court, upon motion by either party.   The plaintiff shall sign all releases necessary so that the defendant shall receive copies of the weekly alcohol test results.   If during the three-month period the plaintiff does not test positive, overnights and Tuesday and Thursday shall resume and no further testing shall occur.

7. All other orders of the Final Custody and Parenting Plan dated June 9, 2010 including the orders for holidays, birthdays, special events, remain in full force and effect unless they conflict with these orders, then these orders supersede the June 9, 2010 orders.

8. The court does not make a finding of contempt against the defendant pursuant to the plaintiff's motion.

FRANKEL, SJ.

Frankel, Deborah Kochiss, J.