J C v. M K

CourtFamily Court of Delaware
PartiesRe: J C v. M K
Docket NumberFile No.: CN20-04552,Petition No.: 20-27915,Petition No.: 20-27577
Decision Date22 January 2021
FELICE GLENNON KERR JUDGE

J C

M K

LETTER DECISION AND ORDER
Petition: Request to Register Foreign Protection Order

Dear Mr. C and Ms. K :

Petitioner J C ("Father") filed two Requests to Register a Foreign Protection Order ("Requests"). The first Request was filed on 12/23/2020 to register a temporary 12/21/21 Protective Order from Maryland. That Order expired before the Request was received by this judge and therefore it will not be registered. The second Request was filed on 12/28/20 regarding a Final Protective Order entered against M K ("Mother") on December 28, 2021 by default by the District Court of Maryland for Cecil County. Before the Court addresses the second Request, the history of filings in Delaware will be summarized as the timing and nature of the Delaware proceedings is relevant to the Request.

The parties are the mother and alleged father of J M K born January 29, 2016. On October 30, 2020, Father filed a Petition for Custody and a Petition for Parentage Determination. Father also filed a Motion and Affidavit for an Emergency Ex Parte Order for Custody on October 30, 2021 alleging that Mother's home was unstable, that she was abusive and that she used drugs. Father also alleged that Mother was going to flee after losing custody of her daughter. Father apparently believed that the father of Mother's other child had succeeded in obtaining emergency custody of her other child, which was not accurate. The other father had also filed an emergency but that emergency was not granted on an ex parte basis and the Court dismissed the Petition as both parties and the child in that case resided in Maryland. The Court denied the request for an ex parte order but scheduled an expedited hearing for November 30, 2021. The Court also ordered the parties not to remove J from the State and required Mother to submit to a substance abuse evaluation.

The Court held a hearing by Zoom on November 30, 2021 for 30 minutes to address the concerns raised by Father in his October 30, 2020 filing. Both parties participated. The Court discussed the parentage issue initially as Father was not on the child's birth certificate, did not sign an affidavit of paternity and had not previously established paternity through genetic testing. Mother indicated that it was possible that someone else was J 's Father. At the hearing, Father testified that he was concerned about Mother's living arrangements. He stated that there were multiple people living in a two-bedroom apartment where Mother resides with J . Mother denied this and stated that it was a three- bedroom apartment. Father testified that he had already contacted Maryland Child Protective Services regarding the living conditions. Father also expressed concern that Mother has a substance abuse problem. Mother claimed that Father has a substance abuse problem. Father also alleged that Mother has untreated mental health issues, but Mother testified that she sees a therapist and that she is compliant with taking prescribed medications.

The Court referred Father to the genetic test coordinator to arrange for the genetic testing to determine parentage. The Court further ordered Father to advance the cost of the genetic testing. The Court also ordered both parties to submit to hair follicle drug testing with expanded opiate panels at their own expense, subject to reimbursement later depending upon the results. The Court also ordered Mother to continue with her current therapy. Father did not testify at the November 30, 2020 hearing regarding any physical abuse or sexual abuse of J . Since Father had not yet been determined to be J 's parent, and as Father did not establish that J was at risk of imminent hard in Mother's custody, the Court did not grant Father custody but did provide for visitation from Thursday at 6:00 PM until Sunday at 6:00 PM. The balance of the time he would be with Mother. The written order was entered on December 2, 2020.

Nineteen days after the entry of the temporary order, Father a Petition for Protection in Maryland, alleging physical abuse by Mother and "her boyfriend family" including kicking, punching, choking/strangling, shoving, threats of violence, rape or other sexual offense, mental injury and scratching. Father was granted an ex parte order in Maryland on December 21, 2020 and a final hearing was scheduled for December 28, 2020, one week later. Mother did not appear for the hearing, which was held remotely, and a default order was entered against Mother which included an absolute no contact order with J . When Father filed the Petition for Protection, he listed that there was a prior proceeding. He listed the Court as "Family" with no mention of the State and listed the result as "joint custody" which is only partially accurate. Mother filed a Motion to Reopen the default Protective Order and was denied. The Court in Maryland was not aware based upon the limited information that the Order was entered in Delaware Family Court just about two weeks earlier and that an emergency had been denied. Father also did not indicate that there was no final Order in Delaware and that there was an active...

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