M.R. v. C.G.
| Decision Date | 09 October 2020 |
| Docket Number | Case No. 20-18867,File No. CN19-02624 |
| Parties | M R , Petitioner, v. C G , Respondent. |
| Court | Delaware Family Court |
This case involves two parents who love their child very much. Unfortunately, one parent was absent from the child's life for an extended period of time and the Court must now decide the best way to reintroduce the parent into the child's life. While reintroducing a parent to any child is a difficult transition for the child, there are added intricacies in this case as the child here has Autism. The child's challenges require training and patience - the reintroduction order must require the same.
On October 6, 2020, the Court conducted a hearing on the Petition for Visitation Modification in the interest of M R , Jr. ( ) (born April 8, 2015) ("Child"). Petitioner M R ("Father") self-represented; Paternal Grandmother; and Respondent C G ("Mother"), self-represented, participated at the hearing.
On March 3, 2020, a Consent Order on Petition for Custody was entered by the Court.1 On September 2, 2020, Father filed a Petition for Visitation.2 On September 24, 2020, Mother filed an Answer to Father's petition.3 Notice of the hearing was sent to the parties on September 21, 2020. A Rescheduling Order wassent to the parties on September 25, 2020, with an updated time. The hearing was conducted on October 6, 2020.
The current consent custody order was issued by the Family Court of the State of Delaware on March 3, 2020. Both parents continue to reside in New Castle County, Delaware. Jurisdiction in the Family Court of the State of Delaware in and for New Castle County is appropriate.
Father's Position:
Father was released from prison on July 23, 2020. Father had been incarcerated since August 16, 2019. Father went to prison after his plea to robbery in the second degree, possession of a deadly weapon during the commission of a felony, conspiracy in the second degree, and wearing a disguise during a robbery.
Father is currently visiting with Child on Tuesdays and Thursdays from 6:00 p.m. until 8:00 p.m. at Mother's house. Father wishes to see Child more, and requests that visitation be increased. Father testified that he would like the Child to visit his home every other weekend for six hours, from 12:00 p.m. until 6:00 p.m., and for an overnight visit once a month. Father also wishes to rotate holidays and the Child's birthday with Mother. Father believes that increasing visits with theChild a little bit at a time would be a smooth transition. Father does not want Mother to attend the visits at his home.
Father testified that he saw the Child the day after he was released from prison. Father reported that the visit went very well, despite the Child being nervous at first, and that Father felt "very good" about the visit afterwards.
Father testified that he has attended one doctor's appointment for Child and missed one doctor's appointment. Father missed one appointment because he was upset with Mother for choosing not to speak with him. Father explained that he does not have a working phone at this time and has to borrow a phone in order to check his email or to attend video calls.4 Father testified that he has explained this to Mother and that he is working on getting a working phone. Father stated that Mother has gotten upset with Father because he has not given her a set schedule but Father insists that he has to work around Mother's schedule.
Father testified that before he went to prison, Child spent every other weekend with Father at Father's home. Those weekend visits started when Child was two or three years old after the parents' relationship ended. Prior to that time, Father lived with Mother and Child.
Father testified that he gets along very well with Child. Father testified that both he and Paternal Grandmother are researching Autism to learn more about it.When asked what "stimming" is, Father explained that he didn't exactly know, but that he thought it was when Child puts his arms in the air and moves them.5 Father stated that Child gets along well with Father's other son, who also visits Father on the weekends. Father further stated that Child has a good relationship with Paternal Grandmother and Uncle who also live in Father's home.
Father lives with Paternal Grandmother and Uncle in a three-bedroom, 2,100 square foot house. Father testified that the house has a full basement and a playroom for the children to use. Father testified that he has the entire basement to himself, and when Child stays over, he would have his own bed to sleep in, within close proximity to Father. Father testified that there are no doors to get outside of the basement except by going up the stairs.
Father testified that he provided support for Child in the past when Father and Mother were together. Father testified that when he and Mother no longer lived together, "things at [Mother's] were [Mother's] and things at [Father's] were [Father's]." Father stated that he would help with diapers and "things" when he could, but that he was going through a bad addiction at the time. Father testifiedthat he is starting a new job soon and is opening a bank account for Child and plans to support Child.
Father testified that there is no domestic violence between Mother and Father, nor between anyone in Father's home. Father testified that he has no criminal history outside of Delaware.
Father called D P ("Paternal Grandmother") as a witness on Father's behalf. Paternal Grandmother testified that Child was comfortable visiting Father at Father's house prior to Father being incarcerated. Paternal Grandmother testified that she did not see Child at all while Father was in prison and has only seen Child one time since Father was released. Paternal Grandmother stated that Paternal Great-Grandmother has only seen Child two or three times in the past year. Paternal Grandmother believes that Child would be safe and comfortable if he were to come over to Father's house. Paternal Grandmother further believes that Father could provide for Child and take care of him.
Paternal Grandmother testified that she had a DUI five or six years ago and was arrested and detained two years ago after a physical altercation with a friend. Paternal Grandmother was charged with offensive touching for the physical altercation. Paternal Grandmother testified that she used cocaine in the past, but has not done drugs in about twenty years. Paternal Grandmother testified that she has not had alcohol since she got the DUI five or six years ago.
Mother testified that she does not think Father is prepared to have Child for as much time as Father seeks. Mother stated that Child has severe asthma in addition to Autism, and that she believes that Father is uncomfortable with some of Child's stimming and behaviors. Mother believes that Father is patient and can co-parent when Mother is with Father, but is worried that that Father will not be able to handle it on his own. Mother initially indicated that she is concerned because Father cannot call Mother to ask questions due to Father's phone issues, but when Father asked Mother if it would make a difference if Father had a working phone and could call Mother, Mother stated that it would not.
Mother believes that Father's visitation with Child should increase gradually. Mother proposed that Father visit with Child at her house two to three times a week for two hours at a time, then to increase it to six hours at a time, and then to transition to Father's home where Mother would like to accompany Child as a support in the beginning.
Mother testified that Child has had five doctor's appointments since Father was released from prison and that Father has only attended one. Mother stated that Father gets emails that state when the appointment is and contain the link to attend the virtual appointment.
Mother testified that she thinks Father needs to learn Child's patterns and what Child is able to do before Mother will be comfortable with Father having increased visitation with Child on his own. Mother explained that she is worried about what will happen if Child does something and it interrupts Father. Mother explained that when Child is left alone for longer than five minutes, he will often take his diaper off and relieves himself no matter where he is. Mother explained that Child will also elope when he is angry. Mother expressed that she does not want Child left alone for any lengthy period of time.
Mother admitted that Father has asked to see Child repeatedly since he was released from prison and that she has told him "no". Mother testified that the Tuesday and Thursday visitation that Father is currently having with Child has only been occurring for two weeks. Mother told Father that he would have to file for visitation if he wanted to see Child. Mother does not trust Father with Child.
Mother lives in a 2,000 square foot home with her two daughters, Child, and Maternal Grandfather. Mother testified that neither of her daughters have a criminal history and that Maternal Grandfather is on Hospice with end stage COPD.
Mother testified that she suffers from Anemia, Autoimmune Rheumatic Inflammatory Disease, nerve damage in her right ear, a meningioma on her brain, anxiety, and depression. Mother testified that she believes Father has mental health issues as well.
Mother testified that there is no domestic violence with Father or any individuals living in the home.
An order concerning visitation may be modified at any time if the best interests of the child would be served.6 In deciding the visitation rights of a parent, the Court is guided by 13 Del. C. § 728(c) which states:
A parent of a child who believes it to be in the best interests of a child for the...
To continue reading
Request your trial