Pilat v. Cahoon, case 2

THIS CAUSE came to be heard on the 29th day of July, 2019 for a hearing on
Plaintiff's Petition to Modify Custody and Visitation pertaining to the children of the
parties, namely MMP, DOB ..., TLCP, DOB ..., and TLCP, DOB ..., and
IT APPEARING that a material change in circumstances has occurred, to-wit,
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Plaintiff has completed her studies at the Virginia Theological Seminary and has accepted
a pastoral position and relocated to Connecticut, and
WHEREUPON, in determination of the best interests of the children, Court
having considered each of the statutory factors set forth in the Code of Virginia, and
specifically as to each factor set forth in Virginia Code $ 20-124.3 but in particular
factors 6, 7 and 8; the testimony of the parties and their witnesses, the evidence
submitted and the argument of the guardian ad litem for the minor children, the
Defendant, and counsel for the Plaintiff, and having stated the basis for its ruling orally
in court upon the conclusion of such evidence; and
WHEREUPON having made the following specific findings of fact with respect
to the best interests of the children:
1.
Ms. Cahoon has been unable to accept the termination of the parties?
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marital relationship and has evidenced such disrespect, hostility and disdain for Ms. Pilat
such that joint legal custody has failed, and co-parenting is not possible.
2.
Ms. Pilat’s testimony at trial was direct and credible. Ms. Cahoon's
testimony at trial was evasive and not entirely candid, including but not limited to her
testimony regarding child care provider spending the night at her residence or taking the
metro home; her description of her home as a 3 bedroom; her testimony that Spanish was
a primary language spoke in the home for purposes of school ESOL determination
3.
Ms. Cahoon has consistently made decisions regarding the children's
welfare that are not appropriate, and her judgement at times has been suspect, including
but not limited to the handling of the incident where Tobias set a fire in her bathroom,
and the incidents and concerns raised in the report of the guardian ad litem including the
younger children running across the street, allowing the children freedom to roam the
area and engage in activities without adequate supervision, leaving the children with
M... overnight which was corroborated by all the children, hiring child care
providers with no background checks on the basis they were friends and allowing
potentially inappropriate third parties to have access to the children on the basis that
"anyone who is a friend of a friend is my friend” and allowing the children to decide
whether to opt out of vaccinations and flu shots.
4.
Ms. Cahoon has failed to demonstrate an appropriate appreciation of the
educational needs of the children, to include designating Spanish as a “primary language
spoken in the home for Tobias, surreptitiously recording an IEP meeting which resulted
in the termination and delay of services.
5. There is compelling evidence that M behavior toward the younger children is inappropriately “parentified” when in the care of Ms. Cahoon, which is not
evident when the children are in Ms. Pilat’s care.
6.
Ms. Cahoon's lack of judgement and inability to co-parent was further
evidenced by her disparagement of Ms. Pilat in such a way that it could impact the
children's feelings toward Ms. Pilat, and Ms. Cahoon's discussing with Tobias the death
of a beloved teacher without Ms. Pilat's input, and later responding to Ms. Pilat that she
was "selfish” to maintain such an expectation.
7.
The children are closely bonded, and it is in their best interest to live
together in the same household.
ADJUDGED, ORDERED, and DECREED as follows:
A.
CUSTODY/VISITATION.
LEGAL CUSTODY. The Plaintiff, Jennifer Elizabeth Pilat, is hereby
awarded sole legal custody of MMP, TLCP, and TLCP,
The parties shall keep each other apprised of doctors appointments, activities and
events of the children sufficiently in advance so that the other parent can attend if desired.
Specifically, Ms. Pilat shall provide quarterly updates on the children's education and
academic progress, activities, events, and medical issues including those of a routine
nature (ie physicals, need for braces) to Ms. Cahoon.
2.
NON-DISPARAGEMENT. Neither parent shall discuss the court
proceedings or engage in any conduct that disparages the other parent in front of the
children or could cause the children to blame or fault the other parent for the divorce.
Neither party shall denigrate the other in front of the children or within the children's
hearing. Neither party shall do anything to hamper the natural development of the
children's love and respect for the other party, nor shall either party permit third persons
to undermine the children's relationship with the other.
3.
PHYSICAL CUSTODY. The Plaintiff, Jennifer Elizabeth Pilat, is hereby
awarded physical custody of MMP, TLCP, and TLCP, subject to the visitation schedule set forth below.
4.
VISITATION. In the event the parties do not reside in the same
geographic location, Defendant shall have the following visitation:
a. SCHOOL YEAR. The Defendant, Teri Lucille Cahoon, shall have visitation in accordance with the South Windsor, Connecticut school calendar to afford
her the following three day weekends: September 27-30 (Rosh Hashanah); October 11
14 (Columbus Day); January 17-20 (Martin Luther King Day); February 12-15
(President's Day and Ms. Cahoon's birthday); and May 22-25 (Memorial Day).
Specified dates are for the 2019/2020 calendar.
This visitation shall be required as to Tobias and Teresa; however, Matthew will
be afforded the option to decline visitation in Virginia in the event he has an
extracurricular activity or school event that conflicts with the visitation weekend.
In addition to the visitation in Virginia, should Ms. Cahoon wish to travel to see
the children in Connecticut, she must provide one week's notice to Ms. Pilat and provide
her contact information (name, address and phone number of the hotel) if she wishes the
children to stay with her overnight in a hotel.
HOLIDAYS. The parties shall alternate major holidays as follows:
i. Christmas. Winter/Christmas break shall be divided equally.
The portion containing Christmas day shall be rotated such that each party receives
Christmas on alternate years. In 2019 and all odd years, Ms. Cahoon has the first half
containing Christmas and Ms. Pilat has the second half containing New Year's Day. In
2020 and all even years, Ms. Pilat has the first half containing Christmas and Ms. Cahoon
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has the second half containing New Year's Day. The children shall be exchanged at noon
on the half-way point of vacation and at the end of vacation.
ii. Thanksgiving. Thanksgiving break shall be defined as
beginning with the conclusion of school prior to Thanksgiving, and concluding the
Sunday after Thanksgiving. The parties shall alternate Thanksgiving break each year.
Ms. Pilat shall have 2019 and all odd years and Ms. Cahoon shall have 2020 and all even
years.
iii. Spring Break. Spring Break shall be defined as beginning with
the conclusion of school and continuing through 6 pm day before school resumes. The
parties shall share Spring Break each year. The half that contains Easer will be rotated
such that each party receives Easter in alternate years. In 2019 and all odd years, Ms.
Cahoon has the half containing Easter and in 2020 and even numbered years, Ms. Pilat
shall have the half containing Easter. The children shall be exchanged at noon on the
half-way point of vacation and at the end of vacation
This visitation shall be required as
to Tobias and Teresa; however, Matthew will be afforded the option to decline visitation
in Virginia in the event he has an extracurricular activity or school event that conflicts
with the visitation weekend.
iv. Summer Break. Ms. Cahoon will have summers with Tobias
and Teresa, with exception of three weeks (3) vacation time to Ms. Pilat, which Ms. Pilat
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will determine every year and notify Ms. Cahoon by April 1st of each year. Ms. Cahoon
will have two weeks visitation with Matthew each summer break, which Ms. Cahoon will
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determine and notify Ms. Pilat by April 1st of each year, except that she will coordinate
with Ms. Pilat so as to avoid Matthew's extra-curricular activities or summer school.
5.
TRANSPORTATION. Transportation for visitation exchanges will be
shared between the parties, with the parties meeting in a public area at the midpoint
between their residences (taking into account traffic patterns). If Defendant resides in the
Washington DC area, the default meeting place will be Hazelton, PA.
6.
MISSED VISITATION. In the event Ms. Cahoon is unable or unwilling
to exercise a particular visitation, she shall notify Ms. Pilat no later than 48 hours before
such visitation. Missed visitation will not be made up, unless agreed to by Ms. Pilat.
7.
FACETIME/SKYPE ACCESS. Tobias and Teresa shall have Facetime or
Skype access with the non-custodial party initiating every night between the hours of 6-7
200
pm (or such other time as the parties may agree). If there is no call between these times,
the call will be cancelled.
8.
UNRELATED THIRD PARTIES IN THE HOME/SLEEPING
ACCOMMODATIONS. Ms. Cahoon shall not have unknown or unrelated third parties
staying overnight or renting a room or space in her home while the children are present.
The children must have a separate bedroom available which is not shared with any other
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adult.
Ms. Cahoon may have a long -term renter provided she provides to Ms. Pilat that
person's identity, contact information and background so that Ms. Pilat may interview
the individual. In the event Ms. Pilat agrees to that individual and has no good cause to
object, said individual/renter may reside in the home with the children, provided the
separate bedroom requirement above is met. (The Court found that Ms. Cahoon's current
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residence on James Drive is a two bedroom unit.)
This provision is not intended to prohibit the presence of a third party with whom
either party has a serious romantic relationship.
9.
SUPERVISION. T and T may not be left alone under any
circumstances. In the event Ms. Cahoon chooses to leave T and T in the care
of a babysitter, she must provide the name and contact information (including phone
number) to Ms. Pilat and provide Ms. Pilat sufficient opportunity to speak to that party
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and perform a background check in advance of the employment of the babysitter.
10. PASSPORTS. Ms. Pilat shall maintain custody of the passports for all of
the children of the parties. Both parties shall have the right to reasonable and appropriate
travel with the children outside of the country. In the event that either party wishes to
take the children out of the country for travel, the other party shall be notified within 30
days of the anticipated travel, and shall provide the other party with a full itinerary
including location of stay, flight numbers, and contact information. Ms. Cahoon shall
return the children's passports after any such travel outside of the U.S. within five days of
her return.
11.
TRAVEL NOTIFICATION. If the children are travelling or staying
overnight in a location other than their primary residence (including but not
limited to camps) the party who is exercising custodial time during that period
shall provide to the other party as soon as possible, but preferably no later than
seven (7) days prior to such travel, written notice of the intent to travel with the
dates of travel, locations where the children will be, the name and address of the
location where the children will be staying, flight numbers, and a working
telephone number where the children can be reached
11.
RECORDS OF CHILDREN. Neither party shall be denied access to the
academic, medical, hospital or other health records of the minor children.
12. RELOCATION. Pursuant to $20-124.5 of the 1950 Code of Virginia, as
amended, either party who relocates his or her residence must give thirty (30) days
advance written notice of any such intended relocation and of any intended change of
address, said notice being given to both the other party and to this Court.
IT IS FURTHER ORDERED that the report of the Guardian ad litem shall not be
shared beyond the parties hereto, counsel, and the Court, and the parties are strictly
forbidden to upload the report to any social media or internet website.
IT IS FURTHER ORDERED that the Guardian ad litem fees incurred in this case
in the amount of $2,663.50 shall be shared equally by the parties and shall be paid within
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30 days. Any amounts unpaid 30 days following the date of this Order shall constitute a
judgement against a party who has not paid his or her share
AND THIS MATTER IS FINAL.