4-14-1997 GAL Scott D. McKenzie Report for Custody

8/8/2019 4-14-1997 GAL Scott D. McKenzie Report for Custody

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SCOTT D. McKENZIE

EXECUTIVE WOODS OFFICI! PARK

1603 S,W, 37TH STREET

TOPEKA. KANSAS 66611.2563

(913) 267.5400

April 14, 1997

Honorable Jan W. LeuenbergerJudge of ,the District CourtShawnee County Courthouse200 S.E. 7th st.Topeka, Kansas 66603

Sheri KellerCourt Services OfficerShawnee county Courthouse200 S.E. 7th st.Topeka, Kansas 66603

Donald Hoffman701 S.W. Jackson Suite 206Topeka, Kansas 66603

John Ambrosio1208 S.W. TylerTopeka, Kansas 66612

Report of Guardian Ad Litem

The undersigned was appointed by the District Court October23, 1996, to conduct an independent investigation and report to thecourt concerning the best interest and needs of the parties minor

child, Rikki Dombrowski, in relation to contested custody andvisitation proceedings. The court and the parties should bear inmind that this report is prepared without the benefit ofparticipation in an evidentiary hearing, which could very wellinfluence or modify my conclusions. As ~s the nature of

investigations, I am influenced by the opinions of others familiarwith the circumstances of the parties, investigations of othersthat were not duplicated by this writer, hearsay statements, and

~ other indirect information and inadmissable evidence. Despite my~ best efforts to be child centered and neutral as to the parents

\ ~conflicting position, conclusions are also influenced by my\) personal values.

Initial investigation consisted of reviewing the court filer.~ and the confidential social file maintained by court services.~, Court Services Officer Sheri Keller was interviewed at length.

, , ere: Ms. Dombrowski's prior counselFreu d Alan Alderson Gretchen Morganstern, who assisted

visitation exc anges in Salina, Kansas; Dr. Richard Maxfield,who has submitted a custody evaluation to the court; Mr.Richardson's children from his first marriage, Tiffany (18), Lisa(16), and Hal III (15); and Bernie Nobo, MSW, who had previouslycounseled the parties. Mr. Richardson was also interviewed, butour discussion centered solely on possible solutions to thevisitation exchange problems. Also reviewed were a telephone tape

, recording provided to Sheri Keller by Mr. Richardson, 1 police', ~rt from 1993 involving Ms. Dombrowski and Kermit Lindgren, 7

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It is apparent that since the birth of Rikki, ~e has been

under the primary care and control of Ms. Dombrowski. ~owever, the

circumstances indicate ~ Dombrowski has intentionally kept Rikkiaway from Mr. Richardson. There have been short periods when Rikki

was in the care of Mr. ichardson or in the care of his former

wife.

Several sources of information expressed negative comments

regarding Ms. Dombrowski's mother, with whom Ms. Dombrowski moved

to Larned, Kansas, around May, 1996. As a child, Ms. Dombrowski

was apparently a victim of rape, incest, and physical abuse whilein the care of her mother. Ms. Dombrowski's childhood is described

as bouncing back and forth from multiple foster care placements andher mother's horne. Ms. Dombrowski wants to protect her daughter

and provide a positive upbringing. Mr. Richardson states he does.

not get along with Ms. Dombrowski's mother, and has requested her

contact with Rikki be supervised. Gretchen Morganstern of Salina,

Kansas, also stated the maternal grandmother should be kept away

from Rikki. Ms. Dombrowski indicates her mother has moved on to

California and is no longer in the area.

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Mr. Richardson's children from his first marriage, Tiffany,

Lisa, and Hall III, all speak fondly of Rikki. Lisa has a definite

dislike of Ms. Dombrowski. Hall Richardson III has beeninterviewed by police regarding domestic disturbances between Mr.

Richardson and Ms. Dombrowski, and related to me incidents he hadobserved. All three children are of sufficient age and maturity

to assist in caretaking of Rikki, and are quite curious about how

their half sister is doing. All three expressed concern about

Rikki's welfare as she gets older should she remain in her mother's

care, and fear they will never get to know Rikki or watch her growup. Tiffany Richardson resides with her father, and visits

regularly with her mother. Lisa and Hal III alternate residence

between their mother and Mr. Richardson, spending approximately

equal time in both homes.

Ms. Dombrowski's therapist and Rikki's day care provider in

Larned have been interviewed by Sheri Keller and Dr. Maxfield. All

indications are that Rikki has adjusted well to her mother's new.home and day care, and that Ms. Dombrowski benefits from therapy.

Ms. Dombrowski is an L.P.N., which I view as a mobile job

skill. Ms. Dombrowski was previously employed at the Topeka State

Hospital, and 'now works at Larned State Hospital. Mr. Richardson

is a small business owner, operating Minuteman Solar Film and

Topeka Vinyl. It appears Mr. Richardson is tied to the Topeka area

by his business, the children of his first marriage, and extended

family. Court documents indicate Ms. Dombrowski has extended

family in the Great Bend area, but they are not identified. As

previously stated, Ms. Dombrowski's mother with whom Ms. DombrowSki

resided in either Great Bend or Larned, has apparently moved on to

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visitation difficulties. Both parties have been described asmanipulative, and the long distance separation with Rikki in hermother's care has placed Ms. Dombrowski in virtual control ofvisitation. For this reason, I do not view any perceived lack ofparental bonding between Mr. Richardson and Rikki a determining

factor.

Recommendations

(1) It is my opinion the best interest of Rikki would beserved by placing her care and custody with Mr. Richardson,and that he be awarded sole custody. The primary factors forthis recommendation are the inability of the parents tocooperate or co-parent this child at this time, theopportunity for Rikki to grow up in closer proximity with herhalf-siblings, and a higher level of stability and continuity

on Mr. Richardson's part.

Should the court impose this recommendation, it will bedevastating to Ms. Dombrowski. I have no doubts as to herlove and devotion to Rikki. I view continued therapy withemphasis on anger control as essential for Ms. Dombrowski.

(2) I suggest a rigid and detailed visitation schedule beimposed by the court, regardless of which parent is designatedthe residential custodian. The inability of the parents tocompromise and manipulative behavior requires a very concreteschedule with terms clearly laid out in black and white. Thecourt may wish to impose an inflexible schedule for only ayear or two, in hopes the parties could cooperate in thefuture after a period of stability. The present posture of

the parties is such that court involvement will probably benecessary when family reunions, funerals, weddings, and other

important family events occur.

Should the parents continue the present geographicdistance between each other, travel time must be consideredin setting the visitation schedule. Until Rikki attainsschool age, and if the parties schedule will accommodate, Isuggest visitation with the non-residential parent be at leastfour days twice a month. Both parents should also have theopportunity for at least a two week vacation each year with

Rikki.

(3) I have no specific recommendation but only suggestionsconcerning visitation exchanges. It is my hope that oncedetermination of custody and visitation occurs, animosity andstrategic posturing will decline. It is my opinion Ms.Dombrowski should bear the greater burden of transporting thechild for visitation since she is the parent who chose todepart from this area. I suggest the parties attempt

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visitation exchanges in well populated public places. Ifexchanges occur at some geographic point between Topeka andLarned, I remind the parties that one or the other will oftenhave some delay as it will be nearly impossible for both toarrive at precisely the same time. Ideally, exchanges would

occur in a private home or child activity center where shortterm amusement is available while the child waits for pickup,such as the new service provided at the Kuehne Branch of the

Topeka Y.M.C.A.

(4) I make no recommendations at this time for joint therapyor counseling because I believe it would not be productive.However, mediation could be attempted addressing only theissues of visitation and exchanges of the child. Should theparties ever be in a posture to attempt co-parenting,appropriate therapy could get the process off to a positivestart. I do not subscribe to the view that requiredcounseling or therapy will cure what ails these parents.

(5) Finally, I suggest the court impress on the parties thatthey no longer control Rikki's custody and visitation, but thematter now rest in the hands of the court. Their opportunityto resolve between themselves issues concerning Rikki is nolonger available. Continued game playing, dishonesty,manipulation, or violation of court orders should result inthe offending party being dealt with very harshly by the

court.

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0 )Y ? z e < ~ :cott D. M~ZieGAL for Rikki Dombrowski

Documents

4-14-1997 GAL Scott D. McKenzie Report for Custody