Stephanie Kishore v. Sabir Kishore (2014)

CLARIFIED AND CORRECTED MEMORANDUM OF DECISION

Judgment for dissolution of marriage in the above captioned matter entered on March 5, 2014, pursuant to an oral decision rendered following a fully contested trial before the undersigned.   Upon review of the record, the court has determined that the oral decision contains certain inconsistencies in its orders which must be clarified.

ORDERS

1. The parties shall have joint custody of the minor child with no designation of primary residence.   The mother has final decision-making authority if the parties cannot reach an agreement regarding the care, education or health of the child.

2. The father shall have parenting time every Sunday from 2:30 p.m. until Tuesday at 2:30 p.m. The mother will have parenting time from Tuesday at 2:30 p.m. until Thursday at 2:30 p.m. The parties will alternate every other weekend beginning Thursday at 2:30 p.m. until Sunday at 2:30 p.m. If the father gets a job that necessarily interferes with a transition in the middle of the day, the parties may, by mutual agreement, change the time to 6:00 p.m. to take into account his work schedule.

3. The following holiday schedule shall supersede the regular parenting schedule:

a.  In the even years father shall have parenting time every Christmas Eve from 10:00 a.m. to 10:00 a.m. on December 25 and mother shall have parenting time every Christmas Day from 10:00 a.m. until 10:00 a.m. on December 26, after which time regular parenting time shall resume.   This schedule will reverse in odd years.

b. In even years, mother shall have parenting time on the following holidays from 9:00 a.m. until 7:00 p.m.:  New Year's Day, Memorial Day, Labor Day, Thanksgiving.

c. In even years, father shall have parenting time on the following holidays from 9:00 a.m. until 7:00 p.m.:  Easter, Fourth of July, Halloween, New Year's Eve. The schedules specified in section 3b and 3c shall reverse in odd years.

d. Mother shall have parenting time with the child every Mother's Day from 9:00 a.m. until 7:00 p.m.

e.  Father will have parenting time with the child every Father's Day from 9:00 a.m. until 7:00 p.m.

f. Parenting time on the child's birthday shall follow the regular parenting schedule.

g. Father shall have parenting time on the Indian holiday Diwali each year.

4. No child support is awarded.   This is a deviation from the presumptive child support figures in the child support guidelines wherein the mother would pay $92 per week (if the father was the custodial parent) and the father would pay $62 per week (if the mother was the custodial parent).   This deviation is justified based on the shared parenting arrangement.   The parties shall share equally health-related expenses associated with the child.   Day care shall be the responsibility of the parent who uses it on his or her time.   The parties shall equally divide the cost of any agreed-upon extracurricular activities for the child.   If there is an activity that is not agreed upon, the parent scheduling such an activity shall be fully responsible for the cost and transportation and such activities shall not impede the other parent parenting time.

5. The mother shall provide medical insurance for the benefit of the minor child if available through her employer at a reasonable cost and the father shall reimburse the mother 50% of that cost.   If medical insurance is not available through her employer at a reasonable cost, the father shall provide medical insurance for the benefit of the minor child if available at a reasonable cost through his employer and the mother shall reimburse the father for 50% of that cost.   If neither party is able to provide medical insurance for the minor child they shall enroll the child in Husky.   Bills for any unreimbursed expenses shall be transmitted to the other party within 10 days and paid by the receiving party within 10 days of receipt.

6. Each party shall retain the motor vehicle in their possession.

7. Each party will pay the debts claimed or due to their respective family members.

8. The mother shall retain her 401(k) plan and bank accounts in their entirety.   The father shall retain his bank accounts in their entirety.

9. The mother shall be named custodian of the child's bank accounts and shall provide proof to the father annually of the balance in these accounts.

10. The parties are to file a joint tax return for 2013.   The parties are to use any funds to reduce or eliminate the balance of the GM Financial account, the bill due to the town of Watertown and the Chase credit card in the wife's name.   If there is a remaining balance, the parties will share it equally.   Other than those three bills, each party will pay the debts listed on their respective financial affidavits and hold the other harmless for any expense associated there with.   If there is a deficiency due on the tax return for 2013, the parties will share it equally.

11. The father shall contribute $4,000 toward the mother's legal fees and shall make that payment to her attorney within two years.

12. The court will retain continuing jurisdiction regarding post-majority educational support pursuant to § 46b–56c.

13. Neither party will relocate out of the state with the minor child.

14. Both parties and anyone designated by them to transport the child shall exchange phone numbers with one another.   When the driver leaves to collect the child, the driver shall contact the other parent that they will be there to collect the child within 15 to 30 minutes and the child shall be ready.

15. Neither party shall expose the child to secondhand smoke.

16. The father shall not drive with the child if he expects to or is having a seizure.

17. The parties shall engage in co-parenting counseling at the Children's Law Center in Hartford through the Parents in Transition program which has a sliding scale based on income.   In the alternative, the parties may engage in any other mutually agreeable parent counseling program.   The parties shall focus on the child's potty training and the more fundamental issues confronting them in this co-parenting counseling.

18. The child shall not have a passport or engage in international travel until the age of nine unless the parents mutually agree.

19. The parties shall ensure that the child has age and season appropriate clothing on at all times including but not limited to outerwear.   The child shall be returned to the other parent with any and all clothing he wore or brought to the other parent's house.

20. The parties shall communicate regarding pick-up and drop-off time for parenting time during the winter months if there is any inclement weather and they understand that such may be delayed due to weather conditions outside of either party's control.   The child shall have a bedtime of no later than 9:00 pm. and each parent will cooperate with a nap schedule for the minor child.

21. Neither party will relocate outside of a 25–mile radius of the other parent's current residence without 60 days notice to the other party.

22. Phone communication between the minor child and the parent with whom he is not with for parenting time shall be reasonable, flexible and non-restricted.

23. The parties shall mutually agree upon a nursery school or preschool for the minor child by June 1, 2014, if he is to be enrolled in a program for the fall of 2014.   Furthermore, the parties shall mutually agree upon an elementary school for the minor child by June 1, 2015.   If the parties do not agree upon which school to enroll the minor child, the mother shall have final decision-making authority.

24. Each parent shall have two non-consecutive weeks of summer vacation with the minor child each year.   A minimum of 30 days notice is required to the non-traveling parent.   Within five calendar days of the scheduled trip, the traveling parent must provide the non-traveling parent with a written itinerary and contact information.

25. Either parent shall be allowed to take the minor child out of state for a day or weekend trip during his or her parenting time so long as it does not impede the other parent's parenting time.   The traveling parent shall provide the non-traveling parent with a notice of such plans a minimum of five calendar days in advance and provide an itinerary and contact information.

26. The parties shall reasonably communicate with each other regarding the minor child and shall not use the minor child as a vehicle for communication.   Any and all co-parenting conversations and concerns must be addressed to the other parent and not be made by a third party.

27. If the child obtains any income derived from modeling or other sources prior to age 14, it shall be placed in a savings or trust account for his post-secondary education.

28. Neither party shall move to modify these custody or visitation orders without first obtaining leave of the court for permission to file a motion for modification.

29. These orders are considered in the way of family support and are not dischargeable in bankruptcy.

30. Dissolution may enter.

BY THE COURT

Kenneth L. Shluger, Judge

Shluger, Kenneth L., J.