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Harlow v. Lewis4/5/2005
id had lost his job and his house. Pivovar also testified that since David moved in with his mother, he and Skye were sleeping in the same room. Pivovar testified that he had not been inside David's mother's house.
Michelle testified that she resided with David until April 21, 2001, when she moved into an apartment in the building where her grandmother was living. Michelle testified that although she had used illegal drugs, she stopped doing so after May 2001. Michelle testified that a few months after living in the apartment near her grandmother, she moved to a different apartment, where she lived for approximately 11/2 years prior to buying a house. Michelle testified that Skye has her own room at that house.
Michelle testified that in the event she gains primary possession of Skye, Michelle has daycare arranged for Skye and Skye would attend a different school. Michelle testified that at the time of trial, she was employed with a wholesale food company in the payroll department and that she had held that job about a year.
Michelle testified that David curses at her when they argue, that David becomes angry quite easily, and that David's behavior worsens when he has been drinking. Michelle testified that she has heard David yell at Skye and thinks that David's yelling scares Skye.
Michelle testified that since May 2001, she has observed David drinking at a bar on four or five occasions. Michelle stated that on one of these occasions, Skye was with David. Michelle testified that since May 2001, David had not been charged with any crime or traffic violation as a result of drug or alcohol use. Michelle testified that David is unemployed because he abuses alcohol. Michelle also testified that David's mother's home is unsafe for Skye because David's mother leaves her "diabetes needles" lying around and the bathroom is "filthy."
Michelle testified that after May 2001, David allowed her to have Skye overnight on Tuesdays and Thursdays, instead of Tuesday and Thursday evenings as set out in the decree. In addition, Michelle testified that she had Skye on most Sundays. Michelle testified that after 11/2 years, David changed his mind and her visitation reverted back to that set out in the decree.
David testified that at the time of trial, he and Skye had been living with his mother. David testified that he was unable to afford to keep his house because he was not working. David testified that living with his mother allows Skye to continue attending the same school. David testified that he had recently made arrangements so that Skye could have her own room at his mother's home.
David testified that before Skye started first grade, he allowed Michelle to have Skye overnight on both Tuesday and Thursday. David testified that he discontinued this arrangement after Skye started having behavioral problems in school. David testified that keeping Skye with him overnight during the school week allowed Skye to get more rest and that her behavior improved.
As to his alleged abuse of alcohol, David denied having a problem and stated that two or three times a month, he has a beer when he goes out with friends. David stated that since the court's May 2001 order, he has not been arrested for driving under the influence or had any alcohol-related incidents. David testified that he has gotten angry with Michelle and that he and Michelle argue over various issues. David testified that they had been having similar arguments for quite some time and that the arguments have never gotten out of control. David stated that he has cursed at Michelle before, but never in front of Skye.
David testified that prior to the court's May 2
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