G.B. v. R.P.B.
| Decision Date | 27 April 2021 |
| Docket Number | File No. CN20-03437,Case No. 20-16422 |
| Parties | G------ B----, Petitioner, v. R----- P----B----, Respondent. |
| Court | Delaware Family Court |
ORDER ON PETITION FOR CUSTODY
David C. Gagne, Esquire, Giordano, DelCollo, Werb & Gagne, LLC, 5315 Limestone Road, Wilmington, DE 19808, Attorney for Father
Melissa A. Hopkins, Esquire, Hopkins & Windett, LLC, 438 South State Street, Dover, DE 19901, Attorney for Mother
On April 26, 2021, the Court conducted a hearing on the Petition for Custody in the interest of G------ A. B----, III (born / /2011) and K--------- M. B---- (born / /2013) ("Children"). Petitioner G------ A. B----, Jr. ("Father"), represented by David C. Gagne, Esquire; and Respondent R----- P----B---- ("Mother"), represented by Melissa A. Hopkins, Esquire, participated in the hearing.
Based upon the evidence presented, the Court's decision is as follows.
On August 7, 2020, Father filed a Petition for Custody.1 On September 1, 2020, Mother was served by personal service.
On September 22, 2020, Mother filed a Motion for Change of Venue.2
On September 23, 2020, Mother filed an Answer and Counterclaim to the Petition for Custody.3
On September 23, 2020, Mother filed a Petition for Child Support in Kent County.4
On October 5, 2020, Father filed an Answer to the Counterclaim.5 On October 5, 2020, Father filed a Response to Mother's Motion for Change of Venue.6
On October 22, 2020, the Court held a teleconference with the parties regarding the Motion to Change Venue. On October 22, 2020, the Court Ordered that the Motion to Change Venue was moot as Mother's counsel withdrew the Motion.7
On November 4, 2020, the Court granted Father's request for a 30-day extension due to a COVID-19 outbreak in the office of Father's counsel.8
On December 7, 2020, the Court granted Father's request for a 45-day extension due to an outbreak of COVID-19 in the office of Mother's counsel.9
On April 26, 2021, the Court convened the Custody Hearing.
Father resides in New Castle County, Delaware. Father alleged that he resided in New Castle County, Delaware since January 2020.
Mother resides in Kent County, Delaware. Mother has resided in Kent County, Delaware for more than six months prior to the filing of this petition.
On September 22 and 23, 2020, Mother filed a Motion for Change of Venue to Kent County, Delaware. Following a teleconference on October 22, 2020, Mother withdrew her Motion and the Court denied the application as moot.
Jurisdiction is in the New Castle County Family Court of the State of Delaware without contest of the parties.
Father seeks joint custody and shared residential placement of the Children on a 2-2-3 schedule. Father wishes to have custodial time with the Children on a two-week schedule consisting of alternating weekends and two week nights that change weekly so that the children are not away from either parent for more than three days.
Father presented G------ B----, Sr. ("Paternal Grandfather") as his first witness. Paternal Grandfather testified that he is a Lieutenant for the Philadelphia Police Department, where he has been working for over 33 years. Paternal Grandfather stated that he resides in Philadelphia, Pennsylvania but regularly visits Delaware.
Paternal Grandfather testified that the parents resided near Paternal Great Grandmother's home in Bear, Delaware for approximately three years when the children were younger. Paternal Grandfather stated that when the family resided in Bear, Delaware, he and Paternal Great Grandmother did not have any restrictions on how often they could visit with the children. Paternal Grandfather testified that Paternal Great Grandmother, Paternal Great Aunt, and/or he would watch the children frequently.
Paternal Grandfather testified that he is able to visit with the children at Paternal Great Grandmother's house "at least one day" of Father's alternate weekends. Paternal Grandfather stated that the children enjoy spending time at the home and visiting with the paternal family. Paternal Grandfather testified that the children have friends in the neighborhood with whom they ride bicycles and swing. Paternal Grandfather stated that the children do not want to leave after their visits.
Paternal Grandfather described the children as loving. Paternal Grandfather stated that the nine-year-old son is a quiet and compassionate straight-A student. Paternal Grandfather referred to his grandson as "G3," a nickname the paternal family uses for G------, III. Paternal Grandfather testified that G3 enjoys playing videogames, riding his motorized bicycle, and spending time with Father. Paternal Grandfather stated that G3 wants to be a football player when he grows up. Paternal Grandfather described the seven-year-old daughter as outgoing and a "daddy's girl." Paternal Grandfather referred to his granddaughter by the family nickname of "KB." Paternal Grandfather testified that KB loves "her doll babies."
Paternal Grandfather testified that the children have an excellent relationship with Father. Paternal Grandfather stated that the children love and adore Father. Paternal Grandfather testified that Father wishes to spend more time with the children.
Paternal Grandfather testified that he feels it is of particular importance that African American children have a strong relationship with their father. Paternal Grandfather explained that if Father is not involved in the children's lives that the children could become involved in "other things." Paternal Grandfather testified that Father's involvement in the children's lives "could govern [their] interactions" and success.
Father called V------- B---- ("Paternal Great Aunt") as his second witness. Paternal Great Aunt testified that she resides with Paternal Great Grandmother in Bear, Delaware. Paternal Great Aunt testified that she has known the children "since they were born."
Paternal Great Aunt testified that when the parents lived close to Bear, Delaware, she saw the children three to four times per week. Paternal Great Aunt stated that she would frequently babysit the children. Paternal Great Aunt testified that the only time she has been able to see children since the parents' separation is when Father has the children on alternate weekends.
Paternal Great Aunt testified that the children love spending time with Father. Paternal Great Aunt described the children as "happy" and "regular little kids" that "run all over the place" and want to go where Father goes and do what Father does. Paternal Great Aunt stated that G3 (who she called "Little Man") enjoys playing video games and helping around the home. Paternal Great Aunt stated that KB enjoys her baby dolls, coloring books, and playing with the dogs. Paternal Great Aunt testified that the children do not have any specific behavioral issues and that they respond well to Father.
Father testified as the final witness in his case. Father testified that he is a 34-year-old police officer in Elkton, Maryland. Father stated that his current work schedule is a 2-2-3 rotation that alternates between twelve hour shifts of day work and night work every two weeks.
Father testified that he lives with his fiancée, B---- B------, in a three bedroom, two and one-half bath townhouse in Bear, Delaware. Father testified that he and Ms. B------ moved into the townhome on January 15, 2021. Father testified that the children each have their own bedroom in the home.10 Father testified that Ms. B------ works Monday through Friday from 9:00 a.m. until 5:00 p.m. Father testified that Ms. B------ works one night per week at Wawa. Father testified that on the rare occasion that he is working on days when he has the children, either Ms. B------, Paternal Great Aunt, or Paternal Great Grandmother would provide transportation for the children to and from school or Mother's home.
Father testified that he and Mother moved to Newark, Delaware in 2013. Father stated that the parents remained in Newark until they moved to Dover, Delaware in 2017. Father testified that he moved to Elkton, Maryland when he left the marital residence in January 2020. Father explained that when the parents lived in Newark, the paternal side of the family often watched the children and provided transportation to and from daycare, particularly when the parents had to work late.
Father testified that since he left the marital home in January 2020, he is limited to overnight visits with the children every other weekend from Friday to Sunday. Father testified that while he wished to spend more time with the children, Mother did not want to disrupt the children's schedule with school, so Mother did not allow the children to stay with Father overnight during the week. Father testified that on his days off, he travels to Dover to spend time with the children. Father stated that he and the children walk around the mall and have dinner together. Father testified that Mother often requests that Father complete homework with the children during the weekly visit and on the weekend.11
Father testified that the parents communicate poorly. Father stated that Mother frequently fails to respond to text messages, and that when she does respond it is usually not until the following day. Father testified that Mother does not answer the phone when he calls and that Mother does not return the phone calls. Father stated that he typically has to call Maternal Grandmother to relay information to Mother. Father testified that he acquires all of his information regarding the children from G3.
Father testified as to an incident that occurred between the parents on July 23, 2020. Father testified that he was dropping the children off after a visit when he and Mother got into an argument. Father admitted that he and Mother were discussing a possible...
To continue reading
Request your trial