DEROCHE v. DEROCHE, No. FA 06-4005650 (Dec. 15, 2006)

RANDOLPH, KEVIN A., J, JUDGE.

I. STATEMENT OF THE CASE

Plaintiff and defendant proceeded to trial in a dissolution action. Counsel represented plaintiff Defendant appeared pro se.

II. ISSUES

What custody and visitation arrangements will be in the child's best interests?

III. STATEMENT OF FACTS

The court finds the following facts proven by a preponderance of the evidence. Plaintiff and defendant married in 2004. Plaintiff is 22 years old. Defendant is 25. They have one minor child. Plaintiff had lived in Connecticut for at least a year prior to commencing the dissolution action.

Plaintiff is a banquet department trainee at Foxwoods Casino. She is a Mashantucket Pequot tribal member. Her gross weekly income is $2,630.38. Her net weekly income is $1,528.38. She has medical coverage for herself and the minor child though the tribe.

Defendant is incarcerated serving a sentence for a violation of probation. Defendant's discharge date is in September 2007. He has no income.

Defendant was found in violation of probation based on an arrest for violation of a protective order. The protective order was imposed after defendant's arrest for an assault on plaintiff when she was pregnant with the couple's minor child. During the assault, defendant told plaintiff that it would be "good" if the unborn child were injured. CT Page 23106 Defendant has suffered from bipolar disorder and anxiety for which he is taking prescribed medications. He used crack cocaine and abused alcohol while married to the plaintiff. While in jail, he has participated in programs to overcome his addictions and violent behavior. He acknowledged that he assaulted plaintiff more than once. He also used to throw plaintiff's cats against the wall and shoot BB's at her pet rabbit. Defendant suffered an abusive father and conceded his own behavior mirrors his father's. Defendant has never been steadily employed and may suffer from a pulmonary blood clotting disorder.

Plaintiff is afraid of defendant and is afraid for the minor child to be in defendant's presence. However, she has sent defendant some photographs of the minor child. She does not object to exchanging correspondence with defendant. She seeks no alimony.

IV. PRINCIPLES OF LAW

Connecticut General Statues Section 46b-56 et seq.

V. ANALYSIS

Defendant poses a danger to plaintiff and the minor child. He has assaulted her in the past and placed the unborn child in danger from his assaultive behavior. He suffers from bipolar disorder and is on medication. However, his compliance with his medication regimen outside of jail is untested.

VI. CONCLUSIONS OF LAW

Sole custody with the plaintiff will serve the child's best interests. It is not in the child's best interests to have physical visitation with the defendant.

VII. JUDGMENT

A. The marriage is dissolved.

B. Plaintiff shall have sole custody.

C. Defendant shall have no right to personal visitation with the minor child. Defendant may initiate written correspondence with the minor child in care of the plaintiff.

D. Plaintiff shall continue to maintain health CT Page 23107 care coverage for the minor child.

E. Neither party shall pay alimony to the other.

F. Plaintiff shall be responsible for all debts listed on her financial affidavit and shall be responsible for any tax liability which accrued during the marriage.

G. Plaintiff shall retain her personal property and bank accounts listed on her financial affidavit and shall assume and pay any attendant debt, holding the defendant harmless.

H. Defendant shall make no claim to plaintiff's property.

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