FRANKEL, JUDGE.
The parties were married in North Haven, Connecticut on May 25, 2001. By complaint dated May 28, 2002, the Husband instituted this action claiming a dissolution of marriage, joint custody of the minor child, reasonable visitation with the minor child, and such other relief as law and equity might provide.
One child was born during the course of this marriage: Jade born on April 3, 2002. The Husband is age 35 and in good health. He is a high school graduate who owns his own carpentry/remodeling business. He has been doing this work for 15 years. There is a dispute as to the amount of income this business produces.
The Wife is age 36 and in good health. She is presently not working, even though she is trained as a paralegal.
The Husband met the Wife in September 2000 when she was in the middle of her divorce. Within seven months of their meeting, the Husband moved in with the Wife and her son, Bobby (from her first marriage) and her daughter, Paige (from her second marriage). One month thereafter, they were married.
There were problems in this relationship from the start. The parties separated multiple times, both before and after the marriage. They saw several therapists, jointly and severally.
The Husband testified that he was seeking assistance in dealing with the Wife's angry outbursts, her mood swings and the impact her past continued to have on her present. This is not to say that the Husband did not have issues of his own to address, including past drug and alcohol abuse.
The Wife testified that the Husband was physically and emotionally abusive. She said that she feared for her life, due to instances which CT Page 7376 occurred before and after the marriage. She testified that when she was pregnant, the Husband kicked her, dragged her and abused her. The Husband denied these allegations.
To assign all of the blame for the break down of this marriage to the Wife would not be accurate or fair. The Husband was well aware before the marriage of the volatile nature of the Wife's personality. He was the victim of it, as well as a witness to it, in regards to the Wife's dealings with the former husband.
To assign all of the blame for the break down of this marriage to the Husband would not be accurate or fair. The Wife was well aware before the marriage that the Husband had used drugs in the past, that he was physical in their relationship.
Therefore, this court finds that both parties are equally responsible for the breakdown of their marriage. Being that this was a very short marriage, the parties have been able to agree in regards to the division of their assets and liabilities and many other financial matters.
The difficulty that this case presents centers on the parties' young child, Jade.
The Wife's volatile personality continues to impact on the Husband. She has used the child (and also her children from her previous marriages) as weapons against the Husband and as prizes with which to reward him. His access to his daughter has been at the whim of the Wife's temper. She has magnified all of the Husband's failings as a person and refused to acknowledge any of his attributes.
The Wife's weapon of choice is the claim that the Husband uses drugs, both legal and illegal. The Husband has submitted to drug tests. There were two positive tests early in this case, which had great impact on the directions of this case. The Wife had an expert testify as to the validity of the testing the Husband has been undergoing. The expert testified that the method being used was unreliable. Therefore, the only conclusion that can be drawn is that the negative results are unreliable, as well as the positive test results. Based upon the proper procedures for drug testing which the expert testified to, the Wife asks that the tests be random, she wants them to be supervised, and she wants hair tests.
Unfortunately, the impression the Wife presents is that there will always be a reason why she will not be satisfied with the hoops she is making the Husband jump through in order for him to see his child. CT Page 7377
The study by family relations raises all of these issues. The recommendations were carefully and thoughtfully made, after considering both the parties' faults and attributes. The major concern of Heather Clinton, the family relations officer, in her recommendations, is to limit the contact that the Husband and the Wife have at the exchange of the child for visitations. This is due mainly to the Wife's outbursts and inability to control her anger. This is very sad. Jade is young, she is just one year old. These two people will have to learn to interact positively with each other soon or will have a long war to wage, with only their daughter as the victim.
Neither the Wife nor the Husband is a bad parent, but neither of them are "good" parents either. They both need to develop better parenting skills. They both need to grow up and be less self-centered, less self-absorbed and less self-motivated. They need to be more concerned with what is in the best interests of their daughter and how to love, nurture and care for her so that she will not be negatively impacted by her parents' divorce.
The Court finds that residence requirements have been satisfied and neither party has been the recipient of public assistance. All pertinent criteria outlined in Chapter 815j of the General Statutes were considered by the court in the entry of the following orders as well as the evidence, testimony and claims of law made by the parties.
ORDERS DISSOLUTION OF MARRIAGE
A decree dissolving the marriage on the grounds of irretrievable breakdown shall enter on June 2, 2003.
ALIMONY
By agreement of the parties, neither party shall pay alimony to the other.
CUSTODY/VISITATION
Following the recommendations of the family relations study, the parties shall share joint legal custody of the child Jade, primary physical custody with the Wife.
The court, as well as the family relations officer, recognizes that CT Page 7378 these two people have had a difficult time in the past communicating. However, there is a very great probability that if the Wife were awarded sole custody of Jade, she would continue to alienate this little girl from her father. Therefore, the parties are ordered to communicate with each other concerning all major issues affecting Jade. They may do so in writing at first, but hopefully they will learn to be able to talk with each other and make decisions together. If the parties are unable to agree, they shall first seek mediation with Family Relations before returning to court.
Recognizing that during the pendency of this action, there were two drug tests which returned a positive for cocaine, and also recognizing that the validity of those two tests, as well as the remaining negative tests, was in question; the Husband shall submit to a hair substance abuse analysis within 10 days of the date of this dissolution. The cost for same shall be paid for by the Husband. The Wife's attorney shall select an independent physician to conduct this test. Results of said test shall be provided to the Wife's attorney. If the result of said test is negative, then no further testing shall be required. If the result of said test is positive or if the test is inconclusive, then the Husband shall submit to random weekly urine drug screening tests which shall be supervised in the collection of the sample and verified in writing as to compliance with the chain of custody requirements. The site for these weekly tests shall be selected by the Wife's attorney and the results shall be submitted to the Wife's attorney on a weekly basis. This weekly random testing shall be for 6 months. The costs for this testing shall be at the expense of the Husband.
Since there has been little contact between the Husband and Jade recently and due to the young age of Jade, the following parenting schedule shall go into effect immediately and remain in effect for two months.
Saturday: From 9am to 5pm with the Husband;
Sunday: From 9am to 5pm with the Husband; One mid-week night from after work to 7pm.
Thereafter the Husband's parenting time with the child shall be expanded for an additional two months, as follows:
Saturday: From 9am to Sunday at 5pm;
One mid-week night after work to 7 pm. CT Page 7379
Thereafter, the parenting time shall be as follows (adopting the family relations schedule and with the understanding that the parties will endeavor to arrange their schedule so that Jade will be able to spend time with her half-sister, Paige):
Week One:
Jade shall be with her father from Wednesday at 4pm to Thursday at 10am; Jade shall be with her father from Friday at 4pm to Sunday at 5pm.
The rest of the week, Jade shall be with her mother.
Week Two:
Jade shall be with her father from Wednesday at 4pm to Thursday at 10am; Jade shall be with her father from Friday at 4pm to Sunday at 5pm.
The rest of the week, Jade shall be with her mother.
Week Three:
Jade shall be with her father from Wednesday at 4pm to Friday at 5pm.
The rest of the week, Jade shall be with her mother.
Week Four:
Jade shall be with her father from Wednesday at 4pm to Thursday at 10am; Jade shall be with her father from Friday at 4pm to Sunday at 5pm.
The rest of the week, Jade shall be with her mother.
Holidays:
Easter, Thanksgiving Day and Christmas Day shall be alternated between the parties. Commencing in 2003, and in odd numbered years thereafter, Jade shall be with her father on these holidays and in even numbered years, Jade shall be with her mother. Jade shall be with her father on these holidays from 9 am to 7 pm. The year that the father is not with Jade on Christmas Day, Jade shall be with the father on Christmas Eve from 6pm until Christmas Day at 9am. CT Page 7380
State and School Holidays:
The parent who has the child during these holidays, based upon the above 4 week plan, shall spend that time with the child.
Mother's Day and Father's Day:
Jade shall spend Mother's Day with her mother and Father's Day with her father.
Jade's Birthday:
If the mother and father are unable to share equal time with Jade on her birthday, then the father shall have Jade on her birthday in odd numbered years and the mother in even numbered years.
Vacation:
The father and the mother shall each enjoy two, nonconsecutive-week vacations with Jade (a week being 7 uninterrupted days) during the calendar year beginning in 2004. Each shall notify the other of the week they wish to exercise 60 days prior to said week. The week shall not include Easter, Thanksgiving or Christmas, Mother's or Father's Day, or Jade's birthday. For the remaining calendar year of 2003, the father and the mother shall each enjoy one week vacation with Jade, as above delineated. The father shall transport the child to and from all visitations.
CHILD SUPPORT
The Husband has provided a financial affidavit to the court and a child support guideline study.
However, the court finds that the actual earnings of the Husband differ from his financial affidavit and therefore shall enter orders based upon earning capacity. The guideline study presented to the court by the Wife imputes to the Husband income in the amount of $1,414.00 per week. The court finds this credible, based upon evidence and testimony presented.
Therefore application of the guidelines based on the financial affidavit is inappropriate and inequitable due to the earning capacity of the Husband.
Therefore, based upon that earning capacity, the Husband shall pay to the Wife the sum of $182.00 per week as child support for the minor CT Page 7381 child. A contingent income withholding shall enter due to the Husband being self employed.
The obligations of support and maintenance of the minor child shall terminate as such child attains the age of eighteen (18) years, marries, dies, becomes employed full time being no longer enrolled in high school, or ceases to reside with the Wife under circumstances where the Wife is no longer furnishing the child's support or becomes otherwise emancipated, whichever occurs first.
Notwithstanding that the child has reached the age of eighteen (18) years, if the child is a full time high school student and continues to reside with the Wife, the Husband shall continue to pay child support as specified above, until the child completes the twelfth (12) grade or attains the age of nineteen (19) years, whichever occurs first.
As long as he is current on his child support payments, the Husband shall take the child as a dependent for tax purposes.
CHILD'S MEDICAL INSURANCE, UNREIMBURSED MEDICALS AND WORK RELATED DAY CARE EXPENSES
If medical/dental insurance becomes available to the Husband through employment and at a reasonable cost, then the Husband shall maintain, at his sole expense, medical/dental insurance for the child as long as he is obligated to pay child support for said child.
After the Wife has paid the first $100.00 per year for unreimbursed medical expenses, pursuant to the Child Support Guidelines, the Husband shall pay 70% of the unreimbursed medical/dental expenses and the Wife shall pay 30% of same. The same percentage split shall be paid for any worked related day care for the child.
The Wife shall not contract for any extraordinary expenses for the children without first consulting with the Husband except in case of emergencies.
The provisions of 46b-84 (e) shall apply.
POST SECONDARY EDUCATION (C.G.S. 46b-56c)
Pursuant to 46b-56c, the parties have asked the court to retain jurisdiction to determine whether an educational support order shall enter in the future. CT Page 7382
PARENTING EDUCATION CLASS
The Wife has completed the Parenting Education class. The Husband is ordered to successfully complete said program by August 27, 2003 and to appear in Court on that date to report to the Court.
MEDICAL INSURANCE — WIFE
The Wife shall be responsible for her own medical insurance coverage.
PERSONAL PROPERTY
The parties shall each retain all of their personal property, free and clear of any claims by the other.
REAL PROPERTY
The Wife shall retain her condominium, located at 65 Bay Path Way, Unit 65, Branford, Connecticut free and clear of any claims by the Husband.
HUSBAND'S BUSINESS
The Husband shall retain his carpentry/remodeling business free and clear of any claims by the Wife.
ATTORNEY FEES
The parties shall each be solely responsible for their own attorney fees.
MOTOR VEHICLES
The parties shall be entitled to their respective motor vehicles.
DIVISION OF DEBTS AND ASSETS
Except as otherwise provided herein, the Husband shall be responsible for the debts on his financial affidavit and the Wife shall be responsible for the debts on her financial affidavit.
Except as otherwise provided herein, the Husband shall retain all assets on his financial affidavit and the Wife shall retain all assets on her financial affidavit.
MISCELLANEOUS CT Page 7383
Each party shall sign any necessary documents to effectuate the orders contained herein.
FRANKEL, J. CT Page 7384