Request for Order – Child Custody/Visitation
This matter is before the Court on Respondent/Father’s June 15, 2026 Request for Order (RFO) for custody and visitation of the parties’ children, Ellie (DOB: 05/19/2010) and Lydia (DOB: 10/24/2014). Petitioner/Mother filed a Responsive Declaration on July 15, 2026.
Family Court Services (FCS) interviewed both parties and Lydia, the parties’ 11-year-old daughter. An FCS report was issued on July 14, 2026.
Based on the information before the court, it appears that the best interest of the minor children, Ellie (DOB: 05/19/2010) and Lydia (DOB: 10/24/2014), will be served by the court adopting the recommendations of Family Court Services (FCS), as set forth in its report issued on July 14, 2026, as modified herein.
However, the Court would like feedback from the parties regarding a regular weekday schedule for Father’s parenting time with Lydia as well as to discuss the issue of returning her before dinner versus having dinner with Father.
Subject to the discussion at the hearing, the Court’s tentative ruling is as follows:
1. Joint legal custody of both children.
2. Father shall not consume any alcohol while the children are in his care. Father shall not consume any amount of alcohol or be under the influence of alcohol while transporting the children.
3. Neither parent shall abuse prescription drugs.
4. Neither parent shall expose the children to inappropriate adult content of a sexual nature.
5. Neither parent shall expose the children to information related to the dissolution and custody proceedings.
6. Neither parent shall disparage the other parent to the children or within hearing of the children.
7. Both parents shall behave in a civil manner with one another when around the children so as not to expose them to any coparenting conflicts.
8. First right of refusal: Shall be triggered by a period of 8 hours or more or an overnight. If the custodial parent is unable to provide direct care for the children for a period of eight hours or more or an overnight, they shall first offer the other parent first right of refusal to care for the children before calling another childcare provider. The other parent is not obligated to care for the children. If the other parent is unable or unwilling to do so, it shall be the responsibility of the custodial parent to arrange for appropriate childcare.
9. Ellie’s choices regarding where she wishes to spend her time with either parent shall be respected. Neither parent shall pressure Ellie when she chooses to stay with or spend time with the other parent.
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10. Mother shall have sole physical custody of Ellie. Ellie may spend time with Father anytime she wishes to do so. There shall be no set custody schedule between Father and Ellie. Ellie shall have a flexible schedule with Father to be determined per mutual agreement between Ellie and Father.
11. Father shall submit to Sober Link testing during his custody time for a period of six months with testing results available to Mother. Father shall test before and after the afterschool visits. On his custodial weekends, Father shall test on Friday before the start of his custody time, at bedtime on Friday, and between 7:30 am and 8:30 am in the morning, 12 noon to 1:00 pm and 8 pm to 9 pm at night on Saturday and Sunday.
12. Parents shall share joint physical custody of Lydia. a. Lydia shall be in Father’s custody on alternate weekends from Friday after school/after work through Sunday 6 PM and for two days to be determined by the parties during the school week from after school until the end of Lydia’s extracurricular activities on one day and until after dinner on the other day. Father shall continue to take Lydia to her softball practices on the days he has custody of her. Lydia shall be in Mother’s custody at all other times when not in Father’s custody.
b. If Father has been compliant with six months of Sober Link testing and provided that there have been no violations of court orders for him not to consume or be under the influence of alcohol during his custody time as well as compliance with all other court orders, a Sunday overnight shall be added to Father’s alternating weekend such that his weekend will conclude with Monday morning drop off at school. One of Father’s after school visits shall be an overnight while the second afterschool visit shall continue to conclude at the end of Lydia’s softball practice.
13. Parents shall give Lydia privacy when she is speaking with the other parent. Parents shall not participate in the call unless invited to do so by Lydia.
14. Parents may modify any portion of the parenting plan including the timeshare at any time per mutual parental agreement.
15. Parents shall give notice of any proposed travel that 14 days in advance.
16. Parents shall not discourage either child from exercising their preferences for parenting time and shall not dissuade either child from visiting with a parent.
Appearances required.