Scott Mckenzie Gal 1997 Complete Report

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LAW OFFICE OF

SCOTT D. McKENZIE

EXECL"TIVE WOODS OFYICE PARK

1603 S.W. 37TH STREET

TOPEKA, KANSAS 66611- 2563

(913) 267 - 5400

April 14, 1997

Honorable Jan W. Leuenberger

Judge of the District Court

Shawnee County Courthouse200 S.E. 7th st.

Topeka, Kansas 66603

Sheri Keller

Court Services Officer

Shawnee County Courthouse200 S.E. 7th st.


Donald Hoffman

701 S.W. Jackson Suite 206


John Ambrosio1208 S.W. Tyler


Report of Guardian Ad Litem

The undersigned was appointed by the District Court October

23, 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 and

visitation proceedings. The court and the parties should bear in

mind that this report is prepared without the benefit of

participation in an evidentiary hearing, which could very well

influence or modify my conclusions. As is the nature ofinvestigations, I am influenced by the opinions of others familiar

with the circumstances of the parties, investigations of others

that 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 file

I~ and the confidential social file maintained by court services." ' i Court Services Officer Sheri Keller was interviewed at length.

were: Ms. Dombrowski's prior counselFreund d Alan Alderson' Gretchen Morganstern, who assisted

visitation exc anges ln 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 previously

counseled the parties. Mr. Richardson was also interviewed, but

our discussion centered solely on possible solutions to the

visitation exchange problems. Also reviewed were a telephone taperecording provided to Sheri Keller by Mr. Richardson, 1 police

, report from 1993 involving Ms. Dombrowski and Kermit Lindgren, 7

~/



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California. It is my opinion Ms. Dombrowski could utilize her job

skills in any area she chooses to reside, but that Mr. Richardson's

employment opportunities would be diminished outside the Topeka

area.

All sources of information indicate the parties are absolutelynot able to deal with one another on any level, which will have

consequences for Rikki. The communication between the parties isnonexistent. In his report Dr. Maxfield states it is abundantly

clear that it is impossible for these parents to co-parent. There

has been no improvement in this situation since the parties

separated.

There is a history of violence between the parties. Dr.

Maxfield believes both parties suffer from significant psychiatric

difficulties. For her part, Ms. Dombrowski presents a history of

multiple abandonments by her mother, is a victim of abuse, has a

pattern of unstable relationships, and has been in and out of

therapy most of her life. Mr. Richardson admits to having troublewith the law in the past, is also a child of divorce, but appears

more stable and consistent in that his first marriage lasted

fourteen years, he successfully operates two small businesses, and

the children of his first marriage appear well adjusted with

positive aspirations for the future. There is no evidence of a

violent or abusive relationship between Mr. Richardson and his

first wife. Ms. Dombrowski's allegations of a violent and abusive

propensity of Mr. Richardson are so far fetched I do not find them

credible. If Mr. Richardson was as bad as Ms. Dombrowski states,

his businesses and the children of his first marriage would not

have turned out as well as they have. ~

It is my opinion that I1r. Richardson is probably the more (

stable parent of the two and would probably do a better job of \

fostering a relationship with the mother. I disagree with Dr. \

Maxfield's conclusion that neither parent can support Rik~i'Srelationship with the other parent, but believe Dr. Maxfield is

correct as it relates to Ms. Dombrowski.

I share the concerns of Tiffany, Lisa, and Hal Richardson III

that they will "not be able to watch Rikki grow up" or have arelationship with her should Ms. Dombrowski be the residential

parent. I believe Rikki is entitled to a relationship with her

half siblings, and view Mr. Richardson's other children as

potentially positive influences on Rikki's life.

It is my opinion Ms. Dombrowski should not have been permitted

to move to Great Bend or Larned last May with residential custody

unresolved. Bernie Nobo commented to me Ms. Dombrowski follows her

own mother's pattern, in that Ms. Dombrowski "uses Hal for awhile

then disappears." Uncertainty as to the final outcome of this

custody determination has probably contributed to the enormous



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Pa.geo :3

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 : 1 J 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 while

in the care of her mother. Ms. Dombrowski's childhood is described

as bouncing back and forth from multiple foster care placements and

her mother's home. 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 hercontact 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 toCalifornia and is no longer in the area.

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

Lisa, and Hall III, all speak fondly of Rikki. Lisa has a definitedislike of Ms. Dombrowski. Hall Richardson III has been

interviewed by police regarding domestic disturbances between Mr.

Richardson and Ms. Dombrowski, and related to me incidents he had

observed. 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'scare, and fear they will never get to know Rikki or watch her grow

up. 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. Richardsonis a small business owner, operating Hinuteman 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



Richa.z:-dso.n. 'V_ Dc:>ZD.1:::IX'"C)..,..s1ci

Ap:r-i~ .2.4, .2.997

p./!SI.ge 5

visi tation diff icul ties. Both parties have been described as

manipulative, and the long distance separation with Rikki in hermother's care has placed Ms. Dombrowski in virtual control of

visitation. For this reason, I do not view any perceived lack of

parental bonding between Mr. Richardson and Rikki a determining

factor.

Recommendations

(1) It is my opinion the best interest of Rikki would be

served by placing her care and custody with Mr. Richardson,

and that he be awarded sole custody. The primary factors for

this recommendation are the inability of the parents to

cooperate or co-parent this child at this time, theopportunity for Rikki to grow up in closer proximity with her

half-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 h ave no doubts as to her

love and devotion to Rikki. I view continued therapy with

emphasis on anger control as essential for Ms. Dombrowski.

(2) I suggest a rigid and detailed visitation schedule be

imposed by the court, regardless of which parent is designated

the residential custodian. The inability of the parents to

compromise and manipulative behavior requires a very concrete

schedule with terms clearly laid out in black and white. The

court may wish to impose an inflexible schedule for only a

year or two, in hopes the parties could cooperate in thefuture after a p eriod of stability. The present posture of

the parties is such that court involvement will probably be

necessary when family reunions, funerals, weddings, and other

important family events occur.

Should the parents continue the present geographic

distance between each other, travel time must be consideredin setting the visitation schedule. Until Rikki attains

school age, and if the parties schedule will accommodate, I

suggest visitation with the non-residential parent be at leastfour days twice a month. Both parents should also have the

opportunity for at least a two week vacation each year with

Rikki.

(3) I have no specific recommendation but only suggestions

concerning visitation exchanges. It is m y hope that once

determination of custody and visitation occurs, animosity and

strategic posturing will decline. It is my opinion Ms.

Dombrowski should bear the greater burden of transporting the

child for visitation since she is the parent who chose todepart from this area. I suggest the parties attempt



Ri~h~ds~~ ~_ ~~~~~skiA.p:ri~ ~4, ~997

page.6

visitation exchanges in well populated public places. Ifexchanges occur at some geographic point between Topeka and

Larned, I remind the parties that one or the other will often

have some delay as it will be nearly impossible for both to

arrive at precisely the same time. Ideally, exchanges would

occur in a private horne 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 therapy

or counseling because I believe it would not be productive.

However, mediation could be attempted addressing only the

issues 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 required

counseling or therapy will cure what ails these parents.

(5) Finally, I suggest the court impress on the parties that

they no longer control Rikki's custody and visitation, but the

matter now rest in the hands of the court. Their opportunity

to resolve between themselves issues concerning Rikki is nolonger available. Continued game playing, dishonesty,

manipulation, or violation of court orders should result in

the offending party being dealt with very harshly by the

court.

~

Res~u)ty Srze~,

fuUd7# .~ cott D. ~cke~zieGAL for Rikki Dombrowski

Scott Mckenzie Gal 1997 Complete Report

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