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Salazar-Mora v. Duarte-Mayorga

Superior Court of Connecticut
Dec 22, 2015
FA154021462S (Conn. Super. Ct. Dec. 22, 2015)

Opinion

FA154021462S

12-22-2015

Carmen Del Rocio Salazar-Mora v. Juan Carlos Duarte-Mayorga


UNPUBLISHED OPINION

MEMORANDUM OF DECISION

Kathleen E. McNamara, Judge.

This matter is a custody action between the plaintiff, Carmen Del Rocio Salazar-Mora and the Defendant, Juan Carlos Duarte-Mayorga. The plaintiff filed this action on March 27, 2015. The matter was tried on December 17, 2015. Both parties appeared at trial and were represented by counsel. The court has considered all of the evidence presented to it and carefully considered the respective criteria for orders of custody pursuant to Connecticut General Statutes § 46b-56, together with applicable case law. The court makes the following findings.

The parties are the parents of Juan Carlos Duarte Salazar, date of birth January 24, 2012. The parties never married. Both parties have lived in Connecticut since the birth of Juan.

Carmen Del Rocio Salazar-Mora is employed at D& D Karatzas, LLC which she stated was McDonald's Restaurant in Meriden, Connecticut. The plaintiff has a 13-year-old son that resides with her. This child is from a different relationship. The family resides in Meriden, Connecticut.

Juan Carlos Duarte-Mayorga is employed at Nicolock Paving Stones, North Haven, Connecticut. The defendant works approximately 40.5 hours a week. The defendant has two other children with different mothers. One child resides in Connecticut and is eleven years old. The child resides with the mother. The second child resides with the mother in Nicaragua and is three years old.

The parties have known each other for five years. The parties resided separately until the child's birth. The parties attempted to reside together for a period of time while caring for the baby.

However, due to the rocky nature of the relationship, they separated. The parties agree that they have no communications between them.

The Department of Children and Family has had some contact with the family in March 2015.

Since that contact, the plaintiff has undergone therapy to increase her parenting abilities. Ms. Sardinas, the family counselor, reported that the plaintiff is open to her recommendations. The plaintiff continues meeting with the counselor.

Ms. Evelyn Diaz, MSW, a counselor with the Family Relations Office conducted an Issue Focused Evaluation regarding custody and submitted a written report. Ms. Diaz's report included a review and meeting with both parents, information from the child's pediatrician, Kinder Garden Learning Center and the Department of Children and Family Services.

" The authority to render orders of custody and visitation is found in General Statutes § 46b-56, which provides in part: (a) In any controversy before the superior court as to the custody or care of minor children . . . the court may at any time make or modify any proper order regarding . . . custody and visitation . . . (b) In making or modifying any order with respect to custody or visitation, the court shall (1) be guided by the best interests of the child . . ." Feinberg v. Feinberg, 114 Conn.App. 589, 594, 970 A.2d 776 (2009); Payton v. Payton, 103 Conn.App. 825, 833, 930 A.2d 802, cert. denied, 284 Conn. 934, 935 A.2d 151 (2007).

" [T]he best interests of the child include the child's interests in sustained growth, development, well-being, and continuity and stability of [the child's] environment" Id.; In re Ryan R., 102 Conn.App. at 608, 625-26, 926 A.2d 690, cert. denied, 284 Conn. 923, 924, 933 A.2d 724 (2007), 284 Conn. 923, 924, 933 A.2d 724 (2007); Feinberg, supra, 114 Conn.App. at 589, 593 (2009). Although our legislature has promulgated a series of criteria that a court may consider in determining a child's best interests, the best interest standard remains " inherently flexible and fact-specific to each child, giving the court broad discretion to consider all the different and individualized factors that might affect a specific child's welfare." In re Diane W., Superior Court for juvenile matters, Child Protection Session at Middletown (December 21, 2002). No single statutory provision is controlling nor is the court limited to the criteria specified by the legislature in deciding what is best for a particular child in a particular situation. As our courts have long emphasized, a best interest determination " involves weighing all the facts and circumstances of the family situation. Each case is unique." Gallo v. Gallo, 184 Conn. 36, 43, 440 A.2d 782 (1981).

The court must in its orders reflect the best interest of the child given his current needs and the parents' ability to take care of the child's needs for nurturance, development and the need to foster a healthy relationship with each of the parents.

ORDERS

After considering all the evidence presented and all the statutory criteria set forth in Connecticut General Statutes § 46b-56 as to orders of custody, care, education, visitation and support of children; as well as all the relevant case law, the court issues the following orders as final judgment.

CUSTODY

The parties shall share joint legal and physical custody of the minor child. The parties shall confer on all major or developmental decisions without limitation, but specifically including health, welfare and education of the minor child. If after conferring the parties are unable to come to a decision, the father shall make the final decision.

CUSTODY ACCESS

The parental access will be on a monthly schedule as attached[*] and incorporated in the order. Each parent will have the child for 14 days per month. At the end of week four, the schedule will begin again with week one.

If there is no school or daycare, the parent with scheduled parenting time shall be responsible for the child. If the child's daycare or school is closed during the pick up or drop off time then the parties shall exchange the child at the Dunkin Donuts located at 57 South Broad Street, Meriden. This will be done for a period of one (1) year. If there are no problems, then the parties may consider residential pick up and drop off at the mother's home by agreement or return to court for an order.

If either parent is unable to exercise his/her parenting time longer than eight (8) hours, the other parent shall be given the opportunity to care for the minor child before all others, including family members.

The parent with whom the minor child is then in custody shall make day-to-day decisions. Both parents shall respect the rules of each other.

The parent with whom the minor child is then in custody shall ensure the child completes any school work and/or other assignments that are then due.

The parent with whom the child is then in custody shall ensure that the minor child attends all extracurricular activities, sports, and/or social events previously scheduled. The parties shall cooperate and communicate with each other prior to enrolling the minor child in any such activities.

Each party shall foster affection between the minor child and the other parent. Neither parent shall make any derogatory comments to the minor child about the other nor do anything that would estrange the minor child from the other, would injure the opinion of the minor child as to the other, or would impair the natural development of the minor child's love and respect for the other.

Both parents shall share holidays with the minor child with the mother having the holidays in the odd years and the father having the child in the even years.

The holidays and vacations shall supersede the regular parenting plan access schedule.

In the odd years, the mother shall have the child on Christmas Eve at noon until noon on Christmas Day when the father shall pick up the child. In odd years, the father shall have the child on Christmas Day at noon until the day after Christmas at noon. The normal parental access schedule will then begin after the holiday on the proper day and week.

In even years, the father shall have the child on Christmas Eve at noon until noon on Christmas Day when the mother shall pick up the child. In even years, the mother shall have the child on Christmas Day at noon until the day after Christmas at noon. The normal parental access schedule will then begin after the holiday on the proper day and week.

On every even year the mother shall have the child on Thanksgiving Day from 9:00 a.m. to the day after Thanksgiving at 9:00 a.m.

On every odd year, the father shall have the child on Thanksgiving Day from 9:00 a.m. to the day after Thanksgiving at 9:00 a.m.

The child shall spend Mother's Day with the mother and Father's Day with the father from 9:00 a.m. until drop off on Monday morning if it is the other parent's respective weekend.

All parties shall have reasonable access to the minor child on the child's birthday.

The parties shall each be entitled to two (2) non-consecutive weeks of uninterrupted contact or vacation time with the child during the summer and one (1) week of uninterrupted contact or vacation time with the child during the school year, i.e., April break. A minimum of 30 days' notice shall be given to the other party. A week shall include one weekend unless otherwise agreed upon by the parties. In odd number years the father shall have first pick of vacation weeks and in even years the mother shall have first pick of vacation weeks.

Neither parent shall take child out of the New England states and New York and New Jersey. The traveling parent shall submit an itinerary to the other parent, including where the child will be going, flight dates, times, hotel names, address and telephone number and the name, address and telephone number of any relative or friend with whom the child will be staying and contact information two weeks before traveling. The child shall have a daily phone conversation with the non-traveling parent. The minor child shall not travel outside of the United States without consent from the other parent or a Court Order.

Neither party shall permanently remove the child from the State of Connecticut without a Court Order.

All other holidays, birthdays and additional parental access time shall be by agreement of the parties. The parties agree to be flexible and understanding in working around their work schedules and other commitments.

The parent shall communicate with the other parent immediately if there is an emergency regarding the child.

Any and all content of communication between the parties shall be to the point and devoid of any offensive or abusive language. The minor child shall not personally carry out or be entrusted to carry communications from one parent to another. The parties shall respond to any inquiry, comment, question or concern of the other party regarding the minor child in a timely manner. The parties should not involve the minor child in any adult issues nor use disparaging language when speaking of the other parent in the minor child's presence or within earshot of the minor child. The parties will not allow any third parties to disparage the other parent in the child's presence or within earshot of the minor child. Adult issues shall include but are not limited to, discussions of the involvement of the court or of court proceedings, financial matters or any conflicts or disagreements that exist between the parties.

Each parent shall keep the other parent informed of his or her address and telephone number.

Neither parent shall remove the child from the state of Connecticut to establish residency in any other state unless they have a written agreement to do so. The parties shall notify the other of any change of address at least sixty (60) days in advance of a move outside of the town where they currently reside.

Each parent shall have access to all school and medical records of the child and no third party shall deny access to these records as a result of the custody agreement between the parties.

The parties shall remain diligent about returning items of clothing and/or personal belongings which the child brings to the other parent's residence.

COUNSELING

The plaintiff and defendant shall engage in co-parenting counseling to assist them in making sound and wise decisions regarding the minor child within one year of this order.

CHILD SUPPORT

The father shall pay to the mother the amount of one hundred ($100.00) dollars per week as child support for the benefit of the minor child. This amount is a deviation from the Connecticut Child Support Guidelines based on the shared physical custody. The support shall be paid by contingent wage withholding.

The parties shall share the cost equally of all school and work related daycare, including the cost of all agreed upon camps and the like used to substitute for daycare. The mother shall pay 50% of the total cost and the father shall pay 50% of the total cost. The parties shall equally be responsible for extracurricular activities or similar expenses. Such expenses shall include but not limited to tutoring, sports, music lessons, student activities, student expenses, travel for extracurricular activities, equipment, school trips, camps, nursery school for so long as the child is eligible for child support. Both parties shall discuss the expenses in advance and neither party shall reasonably withhold, delay or condition his/her consent or payment for these expenses. The parents shall provide appropriate documentation, i.e., receipts, to the other parent every 30 days. Reimbursements shall be made within thirty (30) days.

MEDICAL INSURANCE

The parties shall maintain medical/dental insurance for the benefit of the minor child if such is carried by such parent or available to such parent at a reasonable cost not to exceed 7.5% of such parent's net income, including if available through employment. If neither party has medical insurance available through employment at a reasonable cost, the parties shall purchase a private medical policy for the minor child and equally divide the premium or apply for state health care insurance or HUSKY.

Any unreimbursed medical/dental bills for the minor child shall share all unreimbursed medical and dental costs associated with the child pursuant to the Connecticut Child Support Guidelines until the child graduates from post-secondary educational institutional, undergraduate or age 23, whichever occurs first. The parties shall provide appropriate documentation and receipts to the other parent every thirty (30) days. Reimbursement shall be made within thirty (30) days.

POST-SECONDARY EDUCATION

The court shall retain jurisdiction to make orders regarding each parent's responsibility for the cost of the minor child's post-secondary education. Each party shall reserve their right to file a future motion or petition for an educational support order, in accordance with Connecticut General Statutes § 46b-56c.

DEPENDENCY EXEMPTION

The parties shall alternate the child as an exemption on their federal and state income taxes with the defendant/father claiming the child as an exemption for the tax year 2015 and every odd year thereafter. The plaintiff/mother shall claim the child as an exemption every even year.

If neither party claimed the minor child in year 2014, then the plaintiff/mother shall file an amended tax return claiming this deduction.

ATTORNEY FEES

The parties shall each be responsible for their own attorneys fees. [*]Editor's Note: The above referenced attachment has not been included herein.


Summaries of

Salazar-Mora v. Duarte-Mayorga

Superior Court of Connecticut
Dec 22, 2015
FA154021462S (Conn. Super. Ct. Dec. 22, 2015)
Case details for

Salazar-Mora v. Duarte-Mayorga

Case Details

Full title:Carmen Del Rocio Salazar-Mora v. Juan Carlos Duarte-Mayorga

Court:Superior Court of Connecticut

Date published: Dec 22, 2015

Citations

FA154021462S (Conn. Super. Ct. Dec. 22, 2015)