Szczerkowski v. Karmelowicz

759 A.2d 1050, 60 Conn. App. 429, 2000 Conn. App. LEXIS 491
CourtConnecticut Appellate Court
DecidedOctober 17, 2000
DocketAC 18801
StatusPublished
Cited by22 cases

This text of 759 A.2d 1050 (Szczerkowski v. Karmelowicz) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Szczerkowski v. Karmelowicz, 759 A.2d 1050, 60 Conn. App. 429, 2000 Conn. App. LEXIS 491 (Colo. Ct. App. 2000).

Opinion

Opinion

MIHALAKOS, J.

The defendant, Linda Karmelowicz, appeals from the judgment of the trial court granting motions by the plaintiff, Thaddeus Szczerkowski, to modify certain visitation and support orders thus increasing the plaintiffs visitation with the parties’ two minor children and applying his child support payments during summer visitation with them to his arrearages, and denying the defendant’s motions for reconsideration and for the appointment of counsel for the children. On appeal, the defendant claims that the court abused its discretion in (1) failing to find a substantial change in circumstances prior to modifying the visitation schedule, (2) making financial orders without having the parties’ financial orders and financial affidavits in evidence, and after indicating that it would not make financial orders and (3) not appointing counsel for the children. We affirm in part and reverse in part the judgment of the trial court.

Prior to this court’s analysis of the facts in this matter, we must consider whether we should review the appeal. The record does not contain a written memorandum of decision or a transcription of the oral decision by the court.1 “The duty to provide this court with a record [431]*431adequate for review rests with the appellant.” Chase Manhattan Bank/City Trust v. AECO Elevator Co., 48 Conn. App. 605, 607, 710 A.2d 190 (1998).

“It is incumbent upon the appellant to take the necessary steps to sustain its burden of providing an adequate record for appellate review. Practice Book § 4061 [now § 60-5] .... It is not the function of this court to find facts. State v. Reagan, 209 Conn. 1, 8, 546 A.2d 839 (1988).” State v. Rios, 30 Conn. App. 712, 715-16, 622 A.2d 618 (1993). “Our role is ... to review claims based on a complete factual record developed by a trial court. . . . Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the defendant’s claims] would be entirely speculative.” (Internal quotation marks omitted.) Chase Manhattan Bank/City Trust v. AECO Elevator Co., supra, 48 Conn. App. 608-609. We have reviewed the record in this case and conclude that it is adequate as to the visitation and financial orders issues to permit review by this court as to those issues.

The following facts and procedural history are necessary to the resolution of this appeal. The record reveals that the plaintiff and the defendant never have been married. They lived together and had two children, Eric, bom on January 22, 1985, and Adam, born on February 12, 1986. On July 22, 1988, the defendant was granted sole custody of the children. A myriad of motions, primarily concerning custody and visitation, were subsequently filed by the parties in the ensuing years. The motions that form the basis of this appeal were filed on August 11 and October 27, 1997, and heard by the court on May 4, 1998. By an oral decision from the bench on May 4, 1998, the court modified the prior visitation orders and provided, inter alia, that the plaintiffs summer visitation with the children would be increased to six weeks.2

[432]*432I

The defendant first claims that the court abused its discretion in modifying the plaintiffs visitation with the children because it failed to find that there was a substantial change in circumstances. We disagree.

At the outset, we set forth our standard of review. “The well settled standard of review in domestic relations cases is that this court will not disturb trial court orders unless the trial court has abused its legal discretion or its findings have no reasonable basis in the facts. ... As has often been explained, the foundation for this standard is that the trial court is in a clearly advantageous position to assess the personal factors significant to a domestic relations case, such as demeanor and attitude of the parties at the hearing. ... In determining whether there has been an abuse of discretion, the ultimate issue is whether the court could reasonably conclude as it did.” (Citations omitted; internal quotation marks omitted.) Simmons v. Simmons, 244 Conn. 158, 174-75, 708 A.2d 949 (1998).

“[ I]n determining [whether there has been an abuse of discretion] the unquestioned rule is that great weight is due to the action of the trial court and every reasonable presumption should be given in favor of its correctness.” (Internal quotation marks omitted.) Eldridge v. Eldridge, 244 Conn. 523, 534, 710 A.2d 757 (1998). “[W]e do not review the evidence to determine whether a conclusion different from the one reached could have been reached.” (Internal quotation marks omitted.) Crowley v. Crowley, 46 Conn. App. 87, 90-91, 699 A.2d 1029 (1997).

When a court rules on a motion to modify visitation, it is statutorily incumbent on the court that its order be guided by the best interest of the child standard, as set forth in General Statutes § 46b-56 (b).3 Ireland v. [433]*433Ireland, 246 Conn. 413, 452, 717 A.2d 676 (1998); Kelly v. Kelly, 54 Conn. App. 50, 57, 732 A.2d 808 (1999). We review that determination in light of whether the court abused its discretion. El Idrissi v. El Idrissi, 173 Conn. 295, 300-301, 377 A.2d 330 (1977); Wilson v. Wilson, 38 Conn. App. 263, 269, 661 A.2d 621 (1995).

Although the defendant claims that the court was required to find that a substantial change of circumstances existed before modifying the plaintiffs visitation, this is a misreading of our law. The defendant cites no case, and our independent research discloses none, that requires a court ruling on a motion to modify visitation to find as a threshold matter that a change of circumstances has occurred. Rather, the standard the court applies is that of the best interest of the child. See General Statutes § 46b-56 (b); Ireland v. Ireland, supra 246 Conn. 452; Kelly v. Kelly, supra, 54 Conn. App. 57. Our independent review of the record discloses that the court applied the best interest of the child standard in ruling as it did and that its decision does not constitute an abuse of discretion.

On the basis of the testimony of Kevin Connolly, a psychologist who met three times with the children as part of a court-ordered custody evaluation, the court in its oral decision from the bench found that the children had made “a simple request,” which was “to spend a little bit more time with” the plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Scalora v. Scalora
209 A.3d 1 (Connecticut Appellate Court, 2019)
Battistotti v. Suzanne A.
188 A.3d 798 (Connecticut Appellate Court, 2018)
Petrov v. Gueorguieva
146 A.3d 26 (Connecticut Appellate Court, 2016)
Schoenborn v. Schoenborn
74 A.3d 482 (Connecticut Appellate Court, 2013)
Balaska v. Balaska
25 A.3d 680 (Connecticut Appellate Court, 2011)
Daddio v. O'Bara
904 A.2d 259 (Connecticut Appellate Court, 2006)
Gervais v. Gervais
882 A.2d 731 (Connecticut Appellate Court, 2005)
Zitnay v. Zitnay
875 A.2d 583 (Connecticut Appellate Court, 2005)
Gina M. G. v. William C.
823 A.2d 1274 (Connecticut Appellate Court, 2003)
Mazzacane v. Elliott
812 A.2d 37 (Connecticut Appellate Court, 2002)
Simoneau v. Simoneau, No. Fa 96-007 24 89 S (Nov. 8, 2002)
2002 Conn. Super. Ct. 14344 (Connecticut Superior Court, 2002)
Quickpower International Corp. v. City of Danbury
796 A.2d 622 (Connecticut Appellate Court, 2002)
Schlindrer v. Manson, No. Cv-98-0086143 S (Nov. 29, 2001)
2001 Conn. Super. Ct. 15941-c (Connecticut Superior Court, 2001)
Gonzalez v. Gonzalez, No. Fa 00-0081287s (Nov. 19, 2001)
2001 Conn. Super. Ct. 15401 (Connecticut Superior Court, 2001)
McGinty v. McGinty
783 A.2d 1170 (Connecticut Appellate Court, 2001)
Buckman v. Buckman, No. Fa 9251949 S (Sep. 13, 2001)
2001 Conn. Super. Ct. 12754 (Connecticut Superior Court, 2001)
In re Sheena I.
778 A.2d 997 (Connecticut Appellate Court, 2001)
Opotzner v. Bass
777 A.2d 718 (Connecticut Appellate Court, 2001)
Greene v. Perry
771 A.2d 196 (Connecticut Appellate Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
759 A.2d 1050, 60 Conn. App. 429, 2000 Conn. App. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szczerkowski-v-karmelowicz-connappct-2000.