P.B. v. J.B.

Decision Date05 March 2021
Docket NumberCase No. 20-26446,File No. CN11-04635
PartiesP---- B-----, Petitioner, v. J---- B-----, Respondent.
CourtDelaware Family Court
ORDER ON PETITION FOR CUSTODY

Christina M. Showalter, Esquire, Delaware Volunteer Legal Services, 4601 Concord Pike, Wilmington, DE 19803

J---- B-----, self-represented, Avenue, Wilmington, DE 19805, @gmail.com

ARRINGTON, Judge.

On March 4, 2021, the Court conducted a hearing on the Petition for Custody in the interest of B---- B----- (born / /2005) and L---- B----- (born / /2012) ("Children"). Petitioner P---- B----- ("Mother"), represented by Christina M. Showalter, Esquire, and Respondent J---- B----- ("Father"), self-represented, participated in the hearing.

Based upon the evidence presented, the Court's decision is as follows.

PROCEDURAL HISTORY

On December 4, 2020, Mother filed a Petition for Custody.1 On December 18, 2020, Father was served by personal service.

On December 26, 2020, Father filed an Answer to the petition.2

On December 28, 2020, the parties were sent notice of the Case Management Conference.3. On January 12, 2021, the parties were sent notice that the Case Management Conference was rescheduled.4 On January 21, 2021, the Court held the Case Management Conference with the parties. On January 21, 2021, the Courtissued the Letter Decision and Order to provide the parties notice of the date of the hearing.5

On March 4, 2021, the Court convened the Custody Hearing.

JURISDICTION

The parents and the children have resided in New Castle County, Delaware for more than six months prior to filing of the petition. Both parents and the children continue to reside in New Castle County, Delaware. Jurisdiction in the New Castle County Family Court of the State of Delaware is proper.

TESTIMONY OF THE PARTIES
Mother's Position

Mother seeks sole custody and primary placement of the Children. Mother testified that the Children each have resided with her since birth, including during the transition periods when Mother moved out of the house that she shared with Father. Mother believes that Father should spend time with the Children but wishes for it to be supervised until Father's criminal contempt charges are resolved. Mother further believes that Father needs to attend therapy with L---- before any visitation takes place.

Mother resides in a three-bedroom, two-bathroom house. The children each have their own bedroom. The children attend Newark Charter School where they receive services.

Mother testified that she works full time as a bilingual parent consultant at the Parent Information Center in Newport, Delaware. Mother stated that she additionally works on an as-needed basis as an interpreter.

Mother testified that she has no physical health problems. Mother stated that at times she becomes sad or scared, but that she utilizes resources at her church in order to cope. Mother testified that Father had an alcohol problem in the past for which he sought treatment and had confided to her that he had used cocaine. Mother is unaware if Father continues to use drugs and alcohol at this time.

Both children are unique and require intervention services. B----, who is fifteen years old, was diagnosed with Autism twelve years ago. B---- is non-verbal and speaks in single-syllable words. B---- has also been diagnosed with a mild intellectual disability, a speech disorder, and an anxiety disorder. Mother testified that B---- requires close supervision. L----, who is eight years old, has also been diagnosed with Autism, with the classification of Asperger's. L---- also suffers from a language impairment disorder and a learning disability. L---- has a behavior plan at school to help him socially and emotionally with communication.

Mother testified that she is very active in the Autism community. Mother stated that she did not know a lot of information about Autism when B---- was diagnosed with Autism, but that she learned more by attending trainings and joining organizations. Mother stated that she does her best to involve the children in the community and keep them active. Mother has been involved with the children's early intervention services, attended all school meetings, and been at every doctor's appointment. Mother testified that Father has attended some Autism events but has never attended any special education meetings, taken any courses, or taken the children to appointments or events within their community. Mother additionally stated that Father stopped paying child support in November 2020 when Mother restricted Father's access to the children.

Mother testified that she shares very close bonds with both children. Mother stated that even though B---- cannot verbally express to Mother how he feels, she is able to tell how he is feeling from his body language and actions. Mother stated that L---- feels very close to her and that he loves Mother very much.

Mother testified that she has many friends from church who are very supportive of her and the children. Mother stated that she has a cousin in Maryland that the children know. Mother testified that the children visit with Paternal Grandmother approximately once per year and that they talk to Mother's family by video calls to Costa Rica.

Mother testified that Father currently has charges for criminal contempt and endangering the welfare of a child. Mother testified that on November 12, 2020, Father appeared angry when returning the children after his two-hour visitation. Mother stated that Father was yelling and screaming at Mother about an alleged relationship she was having with her prior seventy-five-year-old neighbor "Mr. Bob."6 Mother stated that while Father was yelling, she was trying to get L---- inside the house while B---- was pacing back and forth on the driveway. Mother testified that while L---- was between Mother and Father, Father put his hands on Mother and tried to force her inside the house while Mother was yelling for help. Mother stated that during the incident she "ended up on the ground" and Father then "took off fast" in his vehicle.

Mother stated that the Children were upset by the incident on November 12, 2020. Mother testified that, during the incident, B---- had been pacing back in forth on the driveway, approximately one to two feet away from Father. Mother stated that B---- continued to pace throughout the night and go from the first floor to the second floor because he was anxious. Additionally, Mother testified that L---- wascrying, nervous, confused, looked fearful, and locked himself in his room. It took a minimum of thirty minutes to settle L----. Mother stated that she had to sleep with L---- that night. Mother testified that L---- is currently in therapy because he is upset, confused, and scared. Mother does not think that L---- wants to see Father at this time.

Father's Position

Father originally stated that he seeks joint custody and visitation with the children. However, Father realized during the hearing that joint custody would not work between the parties where the parents were expected to communicate with each other and to make decisions together. Father stated that he did not think joint custody would work. Father believes that the children wish to live primarily with Mother. Father would like to see the children at least the amount that he was seeing them prior to the no contact order. Prior to the no contact order, Father had visitation for eight hours per week: two hours on Wednesday evening and six hours on Sunday. Father wishes for exchanges to occur at the Hudson State Service Center.

Father works four to six days per week doing polymer concrete work. Father testified that he resides in a three-bedroom house with two adult male roommates. Father rents a room from one of the roommates who owns the home. Father statedthat he does not have a room for the children but that they could take his room while he sleeps on the couch if the Court ordered overnight visits with Father.

Father stated that Mother's testimony about the way she has cared for the is accurate. Father stated that Mother is a "great mother." Father testified that he worries Mother will take the children and keep them from him. Father testified that during the summer of 2018, Mother took the children to Costa Rica to visit her family for almost ten weeks.7 Father stated that he wishes to see the children more often and values the time that he spends with them. Father testified that he stopped paying child support after November 7, 2020, because he had not seen the children and did not know when he would see them next.

Father testified that he gets along "great" with both children. Father stated that he believes that he is the only male figure in B----'s life with whom B---- will be affectionate. Father stated that B---- allows Father to hug and kiss him. Father additionally stated that he makes the children laugh and that they play together when Father visits with the children. Father takes the children to Brandywine Park, Main Event, Alapocas State Park, and the skate park. Father and the children enjoy rock climbing, riding scooters, swimming, and walking together with Father.

Father testified that the children see Paternal Grandmother approximately once per year. Paternal Grandmother lives in South Carolina.

Father testified that he is in good physical health. Father admitted that he is a recovering alcoholic and received voluntary treatment at Bowling Green. Father originally stated that he has been sober since 2018. However, Father further explained that he has relapsed three or four times since 2018, with the most recent relapse having occurred in September 2020. Father feels that alcohol does not affect his conduct but that it will enhance his anxiety or reaction to difficult situations. Father attends Alcoholics Anonymous approximately once per week. Father testified that he has not used cocaine in five or six years. Father admitted that he smokes...

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