Opinion
FA165007050S
09-07-2017
Israel White v. Jesenia White
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Kathleen E. McNamara, Judge.
The petitioner, Israel White, initiated this action for dissolution of marriage with a complaint that was filed on October 26, 2016. The matter was returned to court on November 8, 2016. The petitioner has been a resident of the state of Connecticut for at least twelve months prior to the filing of this action.
The court finds that it has jurisdiction and that all statutory stays have expired.
A contested trial was held before this court on July 25, 2017. Both parties appeared at trial and were self-represented.
The court has considered all of the evidence presented to it and carefully considered the respective criteria for orders of alimony, custody, child support, health insurance, property settlement, division of debts, C.G.S. Sec. 46b-40-86, as well as the evidence, applicable case law, the demeanor and credibility of the witnesses, and arguments of the parties in reaching the decisions reflected in the orders that issue in this decision.
Factual Findings
The court finds that the following facts were proven by a preponderance of the evidence.
1. The petitioner and the respondent were married on August 25, 2014 in Meriden, Connecticut.
2. One of the parties has resided continuously in the state of Connecticut for at least one year prior to the commencement of this action.
3. There are two children born to wife prior to the date of the marriage. The petitioner is the father of both children. Ryan Josef White was born on March 20, 2014 and Abigail Mercedes White was born on May 6, 2015. No other children have been born to the wife since the date of the marriage.
4. During the marriage, both parties would separate with one party moving out of the family residence for periods of time. Each time, the parties would stay with relatives or friends. After a period of time, the parties would return to marital residence.
5. The petitioner testified that the marriage has broken down and he could not continue in the situation any longer.
6. The petitioner informed the landlord that he was leaving the apartment giving the landlord 30 days' notice. The petitioner then told the respondent that she had thirty days to vacate the apartment. Any items that the respondent wanted including furniture, clothes, toys, household goods, etc. had to be moved out within the thirty-day period.
7. The petitioner wanted to take the children with him. The respondent denied this request.
8. The petitioner returned to the apartment at the end of the thirty days. He found that some items had been removed. The petitioner asked the respondent if she wanted any other items and she refused this offer. The petitioner took the abandoned items of children's clothing, toys and some of respondent's clothing to his parent's home. The rest of the items he donated, put at his parents' home, gave to friends or threw away.
9. The respondent and the children are receiving Husky Medical Benefits.
10. The petitioner appears to be in good health. The respondent also appears in good health. Both parties have the ability to work.
11. The petitioner is employed full-time at Walmart Supercenter, Wallingford, Connecticut. Mr. White works thirty-seven hours a week. The respondent is employed at Walmart, Southington, Connecticut. Mrs. White works twenty-five hours a week.
12. The petitioner also plays football on an organized team from July 1, to October 15. This is a team that travels out of state for weekend games. The games are played exclusively on Saturdays and Sundays.
ORDERS
After considering the statutory criteria set forth in Connecticut General Statues § 46b-56 as to orders of custody, care, visitation and support of the children, § 46b-82 as to award of alimony, § 46b-84(b) as to parent's obligation for maintenance of minor children, together with applicable case law and the evidence presented here, the court hereby enters the following orders.
Dissolution of Marriage
The marriage is hereby dissolved on the grounds of irreconcilable differences and the parties are declared to be single and unmarried.
Custody/Parenting Time
" [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, 2001). 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.
The parties shall share joint legal custody of the minor children. The primary physical residence shall be with the mother.
In the absence of an emergency, it is in the best interests of the minor children that one parent be given final decision-making authority in matters affecting the health, education, activities and general welfare. Following prior consultation, if the parties are unable to agree, the father shall have final decision making authority.
Mr. White will have parenting time with both children every Wednesday from 11:00 a.m. until 4:00 p.m. Mr. White will pick up the children at Ms. White's parent's residence. The children will be dropped off at Ms. White's residence by Mr. White.
Mr. White shall have both children on Friday by 7:00 p.m. until Saturday at 7:00 p.m. Pick up shall be at Ms. White's residence on Friday and drop off will be at the residence of Mr. White's parent's residence in Waterbury on Saturday. Mr. White shall be responsible for pick ups and drop offs. Parties will maintain open communication with regards to delays in pick up and drop off of the children.
During Mr. White's football season, he is forgoing his weekend visitation from July 1, till October 1 of each year due to his football schedule. This will occur only while Mr. White is actively playing football on a team and traveling.
Holidays
The court will adopt and incorporate the holiday schedule of February 21, 2017 as set forth below: Mr. White shall have the children on Easter Sunday and Father's Day from 11:00 a.m. until 5:00 p.m. Mr. White will have the children on Thanksgiving Day from 11:00 a.m. until 7:00 p.m. Mr. White shall have the children on Christmas Eve from 11:00 a.m. until 7:00 p.m. The children's birthdays shall be open and liberal.
Health Insurance
The parents shall provide medical and dental insurance for the benefit of the minor children if such insurance 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.
Any unreimbursed medical/dental bills for the minor children shall be paid in accordance with the Child Support Guidelines with the defendant paying 63% and the plaintiff paying 37%.
Educational Support Order
The court reserves judgment to enter Educational Support Order.
Child Support
The plaintiff shall pay to the defendant child support in the amount of $120.00 weekly in accordance with the Child Support Guidelines.
Child support shall be secured by a contingent wage withholding.
Child Day Care
Currently, the defendant's mother provides day care for the children at little or no cost. Ms. White's mother quit her job to take care of the White children along with a second daughter's children. The second daughter yearly pays her part of her tax refund for child care.
The parties shall open a bank account at a location of the mother's choosing. This account shall be solely in the mother's name. Each party shall deposit $50.00 per month into this account by the 15 of every month. The mother shall be the only party allowed to withdraw funds from this account. Each party shall be able to view only the balance.
Income Tax
Each party shall claim one child yearly for income tax purposes.
Alimony
This is short-term marriage of approximately 27 months. During those twenty-seven months, the parties repeatedly separated and resided apart. Based on the short term of the union, alimony is not awarded.
Personal Property
Previously, each party had the opportunity to remove whatever items they wanted for themselves and their children. Items left behind were abandoned. Therefore, the court is not ordering reimbursement for any items the respondent purchased. The parties have already divided all personal property.
Debt
Each party shall be responsible for their own debt.
Bank Accounts
Any bank accounts each party has shall remain solely their own.