Myers v. Stevens

Darric Myers v. Heather Stevens

No. AANFA154023018S

Superior Court of Connecticut, Judicial District of Ansonia-Milford, Milford

January 24, 2018

UNPUBLISHED OPINION

Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Emons, Jane B., J.

MEMORANDUM OF DECISION

The Court Emons, J.

The motions before the court are as follows.^[*]

1. #119 Motion for Modification filed February 2, 2017 by plaintiff Darric Myers, requesting " parenting time and custody to father" with allegations that since the date of the order, circumstances have changed in that " father Darric Myers is working at Big Y and is prepared to provide for his son’s needs." He also requested that visitation be modified as follows:

Parenting time with father + son.

2. #136 Motion for Contempt filed on August 17, 2017 by the intervenor, Eleanor McClain, alleging that Darric Meyers is in contempt of court orders in that he " is and has allowed Noel Rodriguez to be around and interact with child."

3. #137 Motion for Modification filed on August 17, 2017 by the intervenor, Eleanor McClain, alleging that because Mr. Myers was not following the court’s order, she requested that Mr Myers " go back to visits at Happy Family or as seemed [sic] fit by Judge."

4. #140 Application for Emergency Ex Parte Order of Custody filed by Darric Myers on August 28, 2017 requesting temporary custody to Darric Myers for the reason that Eleanor McClain falsely accused him of violating a court order and that the child would be harmed by losing parenting time with the father. This motion for ex parte relief was denied by the court on August 28, 2017. The substantive motion for temporary custody remains on the court’s list of motions awaiting final determination following a custody hearing.

5. #142 Motion for Contempt filed on August 28, 2017 by Darric Myers alleging that the intervenor, Eleanor McClain, willfully refused to obey the court’s order of July 18, 2017.

Prior to the court engaging in a discussion of the facts and/or legal analysis, it is imperative to identify the parties to this action as well as numerous relatives and people who testified in this troubling and protracted case. Additionally, it is equally important to provide historical context to these present motions.

PARTIES AND OTHER PARTICIPANTS

1. Darric Myers is the biological father of Jordan Myers. Darric is seeking sole custody of his son whose date of birth is March 17, 2013.

2. Heather Stevens is the biological mother of Jordan Myers and has rarely been present for any of the numerous court appearances related to the hearings on the instant motions. During the pendency of the entire related case and since August 2015, she has been largely absent from all hearings and generally uncooperative when present.

3. Eleanor McClain is the intervenor, paternal aunt of Darric Myers and the paternal great aunt of Jordan Myers. With the exception of his earliest months spent in DCF custody, Jordan Myers has been most consistently in the care and custody of Eleanor. Eleanor was given temporary custody of Jordan by this court after a full hearing on August 21, 2015 and following certain events described below, Eleanor has had court-ordered permanent custody of Jordan since October 27 2015.

According to testimony and based upon affidavits provided by Darric Myers to the court, Eleanor McClain actually helped to raise Darric and his twin sister Janelle while their mother Madeline Griffin, was either incarcerated or unable to care for them.

4. Jordan Myers is the child who is the subject of this custody dispute.

5. Noel Rodriguez is the older half-brother of Darric Myers who has inserted himself in the most negative ways into many of Darric’s affairs, not the least of which are the custody issues regarding Jordan.

6. Madeline Griffin is the biological mother of Darric Myers and Noel Rodriguez. She is the biological grandmother of Jordan Myers and she is the sister of Eleanor McClain. Her criminal history consists of numerous felony and misdemeanor convictions for crimes including but not limited to Forgery 2nd Degree, Larceny 1st Degree and Falsely Reporting an Incident 2nd Degree. Most significantly, she was convicted after a jury trial of two counts of Arson 1st Degree and two counts of Insurance Fraud and, since November 2015, has been serving an effective sentence of 20 years execution suspended after 12 years, 5 years probation.^[1]

7. Luz Davila-Nieves is the biological mother of Madeline Griffin and Eleanor McClain, the biological grandmother of Darric Myers and Noel Rodriguez, and the biological great-grandmother of Jordan Myers.

Ms. Davila-Nieves was involved in the same arson and larceny as Madeline Griffin and is presently on probation for Larceny 1st Degree, the sentence for which is 8 years execution suspended 5 years probation.

8. Janelle Myers is the biological twin sister of Darric Myers. She has resided with and continues to reside with Eleanor McClain, her biological aunt. She has little if any present relationship with her brothers, Darric Myers and Noel Rodriguez.

PROCEDURAL HISTORY OF CASE

The case NNC FA15 4066397 came to court for a hearing on August 21, 2015 as a result of an Application for Emergency Ex Parte Order of Custody filed by the plaintiff father, Darrie Myers. On an ex parte basis, that application for temporary custody was granted by Judge Goodrow subject to a hearing.

On August 21, 2015, after a lengthy and contentious hearing with parties and witnesses who were self-represented, the court denied the ex parte relief and ordered the child, Jordan Myers, to be returned to the intervening paternal great aunt Eleanor McClain. Ms. McClain and DCF were the only custodians/guardians that the child knew absent a short period of time whereby the Probate Court allowed Heather Stevens to have co-guardianship. After Ms. Stevens was incarcerated in South Carolina, Jordan was left with Ms. McClain by Heather Stevens. Most importantly, until the date of the August 21, 2015 hearing, Darric Myers had no court-ordered guardianship or visitation rights for his son, Jordan. Equally important, Heather Stevens was a non-appearing party at the August 21, 2015 hearing and Darrie Myers testified that he was unaware of her whereabouts.

At the conclusion of the hearing Darric Myers was awarded daytime, unsupervised visitation with Jordan, but was not allowed overnight visits.

On the very same night as the hearing (August 21, 2015), and in total defiance of the court’s orders, Heather Stevens (Jordan’s mother) and Noel Rodriguez (Darric Myers’ brother who was present in court for much of the August 21 proceeding), acting in concert with Darric Myers, went to the Bridgeport home of Eleanor McClain with the Bridgeport Police who required Ms. McClain to return the child as she did not have a copy of a " court order." On Monday, August 24, 2015, the paternal aunt, Eleanor McClain, filled out applications for " orders of protection" against Heather Stevens, Noel Rodriguez and Darric Myers, all of which the court granted. Additionally. by way of an Application for Emergency Ex Parte Order of Custody, the trial court again granted temporary custody to Eleanor McClain but terminated all visitation for Darric Myers.

On Tuesday, August 25, 2015, Heather Stevens, Darric Myers and Noel Rodriguez came to the Clerk’s Office demanding to speak to the court. After receiving a restraining order application from Heather Stevens (denied by the court), the court held a short but blunt hearing with Myers, Stevens and. Rodriguez. In deference to their attorney, Corey Heiks’ lack of knowledge of his file, the court continued the matter until September 15, 2015 so that all parties could proceed with better preparation.

On September 15, 2015, Attorney Josephine Smalls Miller appeared for all defendants stating " because of [James Hardy’s] unavailability, he’s asked me to stand in for him today." James Hardy was another attorney of record for Darric Myers. The ex parte temporary custody hearing concluded on this date along with all remaining ex parte and restraining order applications. The restraining orders were continued by the court for one year. The ex parte custody application was again granted post-hearing.

Motions for Reconsideration and Articulation of the court’s orders were filed by Attorney Smalls Miller. Those motions were ultimately denied by the court for failure of Attorney Smalls Miller to prosecute them on the November 17, 2015 date set aside for hearing.

The court granted permanent custody of Jordan Myers to Eleanor McClain on October 27, 2015.

An appeal was taken by Mr. Myers from the court’s rulings.^[2] In the case of Jordan M. v. Darric M., 168 Conn.App. 314 (2016), the Appellate Court reversed the granting of the restraining orders but declined to express an opinion as to any order regarding custody or visitation regarding Jordan. Id. at 321 and fn.9.

A review of the docket sheet in this case reveals that there was no activity in this case between October 27, 2015 and February 2, 2017, when Darric Myers filed his Motion for Modification #119 that is one of the subjects of this Memorandum of Decision. Present counsel for Mr. Myers filed his appearance on February 1, 2017.

On May 15, 2017, this court ordered that, in accordance with the verbal agreement of both Mr. Myers and Ms. McClain, Mr. Myers may have supervised visitation with Jordan. Following a short period of supervised visits at Happy Family in New Haven and following a referral to Family Relations for case management the parties once again came to an agreement on July 18, 2017 which the court approved and so ordered. It was clear that there was positive communication between Mr. Myers and Ms....