Opinion
No. FA 98-0548324 S
May 17, 2007
MEMORANDUM OF DECISION
I. STATEMENT OF THE CASE
The matter proceeded to hearing. The parties presented testimony over the course of three days. Counsel represented both parties.
II. ISSUES
Which visitation schedule for the defendant father is reasonable and in the child's best interest?
III. STATEMENT OF FACTS
The court finds the following facts proven by a preponderance of the evidence. On January 12, 1993, judgment entered in the Family Court of the First Circuit in Hawaii awarding care, custody and control of the minor child to the plaintiff. Plaintiff and the defendant had never married. The court awarded rights of reasonable visitation to the defendant. The judgment was filed in the New London Judicial District on October 16, 1998.
The minor child is 14 years old. She lives in Connecticut with the plaintiff. Defendant lives in Virginia. Many of the defendant's family members live within a thirty-mile radius of each other. In the last few years, the minor child has visited the defendant for about seven to ten days each summer. The child spends overnights with the defendant's mother in Maryland during the defendant's access.
Defendant has never exercised visitation with the minor child for any Thanksgiving vacation, Christmas vacation, or three-day weekend. During the defendant's access, the plaintiff frequently calls the minor child. Plaintiff and the defendant don't communicate directly. However, the plaintiff does not object to increased access for the defendant during the Christmas vacation and during the Memorial Day weekend.
The minor child is a member of her school's varsity cheerleading team and is an all-star cheerleader. Cheerleading activities occupy much of the summer and the fall. Around the Thanksgiving holiday, cheerleading activities are particularly heavy. During the Spring break, the child participates in a national cheerleading competition.
The guardian ad litem believes that more frequent visits with the defendant will promote a better relationship between the child and the defendant and serve the best interests of the child. The guardian ad litem maintains that longer periods of visitation during the summer alone will not promote closeness between them. The minor child does not want to spend more than two weeks with the defendant during the summer because she does not feel comfortable. The defendant and the child do not enjoy a close relationship.
The guardian ad litem recommends the minor child spend the following time with the defendant: President's Day weekend; four days during her April vacation; Memorial Day weekend; Labor Day weekend; two weeks in the summer and alternating Christmas vacations, limited to four days.
IV. PRINCIPLES OF LAW
Connecticut General Statutes § 46b-61.
V. ANALYSIS
The minor child is 14 years old and only visits her father consistently once a year in the summer. Plaintiff and the defendant do not directly communicate with each other. The child is cognizant of the tension between her mother and father. The court can therefore reasonably infer that the child would hesitate to share with one parent positive experiences she has had with the other parent. Under these circumstances, visitation may become a source of strain for the minor child.
The child would probably be more comfortable with the defendant if the plaintiff and the defendant developed a more cordial relationship. Plaintiff's frequent calls to the child during the defendant's visitation interrupts the defendant's access and impedes the growth of the relationship between the defendant and the child. More frequent, uninterrupted visitation with the defendant may encourage a closer relationship between the defendant and the child.
VI. CONCLUSIONS OF LAW/JUDGMENT CT Page 7199
The following visitation schedule with the defendant is in the best interests of the minor child as it may (1) promote a closer relationship between the defendant and the minor child and; (2) promote a more cordial relationship between the plaintiff and the defendant for the benefit of the minor child.
1. President's Day weekend ending on Monday at 3:00 p.m.
2. Four consecutive days during the April vacation. If access ends on a weekday or a Saturday, the child shall be delivered to the plaintiff by 7:00 p.m. on the final day. If the access ends on a Sunday, the child shall be delivered to the plaintiff by 3:00 p.m. on the final day.
3. Memorial Day weekend ending at 3:00 p.m. on Monday.
4. Fourteen consecutive days during the summer vacation. No summer access shall extend later than ten days before the opening of school.
5. Alternating Christmas vacations beginning at 5:00 p.m. on Christmas Eve and ending at 5:00 p.m. on December 28th.
6. Plaintiff shall not call the child during defendant's access more than once per day at 7:00 p.m.
IT IS SO ORDERED.