D.A.T. v. R.M.T. ( 2021 )

J-S04036-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
D.A.T. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
R.M.T. :
:
Appellant : No. 1383 MDA 2020
Appeal from the Order Entered September 30, 2020
In the Court of Common Pleas of Schuylkill County Civil Division at
No(s): S-841-2020
BEFORE: OLSON, J., STABILE, J., and MUSMANNO, J.
MEMORANDUM BY MUSMANNO, J.: FILED MAY 04, 2021
R.M.T. (“Father”) appeals from the custody Order regarding his
daughter, H.T. (“Child”) (born in December 2014), with D.A.T. (“Mother”),
pursuant to the Child Custody Act (“the Act”),1 23 Pa.C.S.A. § 5328(a), that
awarded shared legal custody to Father and Mother, primary physical custody
to Mother, and partial physical custody to Father, in accordance with a
schedule. We affirm.
In its Opinion, the trial court set forth the relevant factual history and
summarized the testimony presented during the custody hearing. See Trial
____________________________________________
1 See 23 Pa.C.S.A. §§ 5321-5340.
J-S04036-21
Court Opinion, 9/30/20, at 1-24. We adopt the trial court’s recitation as
though fully restated herein. See id.2
On September 30, 2020, the trial court entered a custody Order
awarding shared legal custody to Father and Mother, primary physical custody
to Mother, and partial physical custody to Father, in accordance with a
schedule. On October 28, 2020, Father timely filed a Notice of Appeal, along
with a Concise Statement of errors complained of on appeal, pursuant to
Pa.R.A.P. 1925(a)(2)(i) and (b).
In his brief on appeal, Father raises the following issues:
1. Did the [t]rial [c]ourt err and abuse its discretion when it
granted primary physical custody of [Child] to Mother[,] in light of
the analysis of the custody factors?
2. Did the [t]rial [c]ourt err and abuse its discretion in finding that
the fourth custody factor[,] addressing the need for stability and
continuity in the child’s education, family life and community life[,
23 Pa.C.S.A. § 5328(a)(4),] was a neutral factor and did not weigh
in favor of either parent?
3. Did the [t]rial [c]ourt err and abuse its discretion in finding that
the custody factor of sibling relationships[, 23 Pa.C.S.A.
§ 5328(a)(6),] weighed in favor of Mother?
4. Did the [t]rial [c]ourt err and abuse its discretion in finding that
custody factor of whether a parent has attempted to turn the child
against the other parent[, 23 Pa.C.S.A. § 5328(a)(8),] weighs in
favor of Mother?
5. Did the [t]rial [c]ourt err and abuse its discretion in finding that
the factor regarding each parent’s availability to care for the child
____________________________________________
2 We caution the trial court against the use of inflammatory language in
reference to the COVID-19 pandemic.
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or ability to make appropriate child-care arrangements[, 23
Pa.C.S.A. § 5328(a)(12),] weighs in favor of Mother?
6. Did the [t]rial [c]ourt err and abuse its discretion in finding that
the level of conflict between the parties[, 23 Pa.C.S.A.
§ 5328(a)(13),] weighed in favor of Mother?
Father’s Brief at 9-10.
We will address Father’s claims, each of which challenges the trial
court’s determination of the custody factors set forth at section 5328(a),
together. Regarding subsection 5328(a)(4), Father argues that the trial court
improperly concluded that the need for stability in Child’s education, family
life and community life is a neutral factor. Id. at 48. According to Father, he
can provide greater stability because he owns his home and has a local
extended family. Id. Father also argues that Child has community support
through Father’s church. Id. at 49.
Regarding subsection 5328(a)(6), Father contends that the trial court
abused its discretion in concluding that Child’s sibling relationships weigh in
favor of Mother. Id. at 50. Father argues that Child has bonded with her
step-siblings, and “[t]here is no evidence to suggest that … [C]hild sees her
half-brother with Mother any differently than she sees her step-siblings with
Father.” Id. at 51-52.
As to subsection 5328(a)(8), the attempts of a parent to turn the child
against the other parent, Father claims that the trial court abused its discretion
by determining that this factor weights in favor of Mother. Id. at 52. Father
acknowledges making “negative comments” toward Mother’s fiancé, but
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argues that both men were at fault. Id. at 52-54; see also id. at 54 (stating
that “[t]here is no doubt that all parties have engaged in inappropriate
behavior.”).
Father claims that the trial court erred in finding that Mother is more
available to care for Child or make appropriate child-care arrangements,
pursuant to subsection 5328(a)(12). Id. at 54. According to Father, “[t]he
evidence presented at the hearing shows exactly the opposite.” Id. at 54-55.
Father argues that his work schedule is more flexible than Mother’s schedule,
and he was able to change his work schedule in order to be available for Child
after school hours. Id. at 56. Father claims that Mother’s fiancé is strict and
sometimes upsets Child. Id. at 57-60. Further, Father asserts that it is
“imperative to note that Mother failed to testify in any way about … [C]hild’s
muscular dystrophy. … Mother’s failure to even mention this condition during
her testimony called into question whether she is able to make appropriate
child-care arrangements.” Id. at 60-61.
Finally, regarding subsection 5328(a)(13), Father argues that the trial
court erred in finding that the level of conflict between the parties weighs in
favor of Mother. Id. at 65. Father claims that “Mother has frequently refused
to answer or communicate with Father regarding … [C]hild.” Id. at 65.
According to Father, Mother fails to communicate with him about Child’s
medical concerns. Id. at 65-66. Further, Father contends that the conflict
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between the parties worsened after he and Mother’s fiancé had an argument.
Id. at 68-69.3
In custody cases under the Act, our standard of review is as follows:
In reviewing a custody order, our scope is of the broadest type
and our standard is abuse of discretion. We must accept findings
of the trial court that are supported by competent evidence of
record, as our role does not include making independent factual
determinations. In addition, with regard to issues of credibility
and weight of the evidence, we must defer to the presiding trial
judge who viewed and assessed the witnesses first-hand.
However, we are not bound by the trial court’s deductions or
inferences from its factual findings. Ultimately, the test is whether
the trial court’s conclusions are unreasonable as shown by the
evidence of record. We may reject the conclusions of the trial
court only if they involve an error of law, or are unreasonable in
light of the sustainable findings of the trial court.
C.R.F. v. S.E.F., 45 A.3d 441, 443 (Pa. Super. 2012) (citation omitted); see
also Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa. Super. 2007) (stating
that “[a]n abuse of discretion is not merely an error of judgment; if, in
reaching a conclusion, the court overrides or misapplies the law, or the
judgment exercised is shown by the record to be either manifestly
unreasonable or the product of partiality, prejudice, bias or ill will, discretion
has been abused.” (quotation omitted)).
We have stated that
[t]he discretion that a trial court employs in custody matters
should be accorded the utmost respect, given the special nature
of the proceeding and the lasting impact the result will have on
the lives of the parties concerned. Indeed, the knowledge gained
____________________________________________
3 Father does not challenge the trial court’s findings as to the remaining
custody factors.
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by a trial court in observing witnesses in a custody proceeding
cannot adequately be imparted to an appellate court by a printed
record.
Ketterer v. Seifert, 902 A.2d 533, 540 (Pa. Super. 2006) (quoting Jackson
v. Beck, 858 A.2d 1250, 1254 (Pa. Super. 2004)).
With any custody case decided under the Act, the paramount concern is
the best interests of the child. See 23 Pa.C.S.A. §§ 5328, 5338. Section
5323 of the Act provides for the following types of awards:
(a) Types of award.--After considering the factors set forth in
section 5328 (relating to factors to consider when awarding
custody), the court may award any of the following types of
custody if it in the best interest of the child:
(1) Shared physical custody.
(2) Primary physical custody.
(3) Partial physical custody.
(4) Sole physical custody.
(5) Supervised physical custody.
(6) Shared legal custody.
(7) Sole legal custody.
23 Pa.C.S.A. § 5323.
Section 5338 of the Act provides that, upon petition, a trial court may
modify a custody order if it serves the best interests of the child. 23 Pa.C.S.A.
§ 5338. Section 5328(a) sets forth the best interest factors that the trial court
must consider. See E.D. v. M.P., 33 A.3d 73, 80-81, n.2 (Pa. Super. 2011).
Trial courts are required to consider “[a]ll of the factors listed in section
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5328(a) … when entering a custody order.” J.R.M. v. J.E.A., 33 A.3d 647,
652 (Pa. Super. 2011) (emphasis in original).
Section 5328(a) of the Act provides as follows:
§ 5328. Factors to consider when awarding custody
(a) Factors.--In ordering any form of custody, the court shall
determine the best interest of the child by considering all relevant
factors, giving weighted consideration to those factors which
affect the safety of the child, including the following:
(1) Which party is more likely to encourage and permit
frequent and continuing contact between the child and
another party.
(2) The present and past abuse committed by a party or
member of the party’s household, whether there is a
continued risk of harm to the child or an abused party and
which party can better provide adequate physical
safeguards and supervision of the child.
(2.1) The information set forth in section 5329.1(a)(1) and
(2) (relating to consideration of child abuse and involvement
with protective services).
(3) The parental duties performed by each party on behalf
of the child.
(4) The need for stability and continuity in the child’s
education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the
child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the
other parent, except in cases of domestic violence where
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reasonable safety measures are necessary to protect the
child from harm.
(9) Which party is more likely to maintain a loving, stable,
consistent and nurturing relationship with the child
adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily
physical, emotional, developmental, educational and special
needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability
to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the
willingness and ability of the parties to cooperate with one
another. A party’s effort to protect a child from abuse by
another party is not evidence of unwillingness or inability to
cooperate with that party.
(14) The history of drug or alcohol abuse of a party or
member of a party’s household.
(15) The mental and physical condition of a party or
member of a party’s household.
(16) Any other relevant factor.
23 Pa.C.S.A. § 5328(a).
Further, we have explained as follows:
Section 5323(d) provides that a trial court “shall delineate
the reasons for its decision on the record in open court or in a
written opinion or order.” 23 Pa.C.S.A. § 5323(d). Additionally,
section 5323(d) requires the trial court to set forth its mandatory
assessment of the sixteen Section 5328(a) custody factors prior
to the deadline by which a litigant must file a notice of appeal. …
In expressing the reasons for its decision, there is no
required amount of detail for the trial court’s explanation; all that
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is required is that the enumerated factors are considered and that
the custody decision is based on those considerations. A court’s
explanation of reasons for its decision, which adequately
addresses the relevant factors, complies with Section 5323(d).
A.V. v. S.T., 87 A.3d 818, 823 (Pa. Super. 2014) (brackets and some citations
omitted).
In its Opinion, the trial court addressed each of the relevant custody
factors,4 and we adopt its reasoning for the purpose of this appeal. See Trial
Court Opinion, 9/30/21, at 24-32. It is apparent that Father’s challenge is
strictly to the weight that the court assigned to certain factual testimony of
the parties, and the trial court’s credibility determinations. Considering all of
Father’s issues together, Father simply would have preferred for the trial court
to have placed more weight on testimony favoring him. As we explained
above, with regard to issues of credibility and weight of the evidence, we must
defer to the presiding trial judge who viewed and assessed the witnesses first-
hand. C.R.F., 45 A.3d at 443; see also M.J.M. v. M.L.G., 63 A.3d 331, 339
(Pa. Super. 2013) (stating that “[i]t is within the trial court’s purview as the
____________________________________________
4 We note that, while the trial court did not specifically address subsection
5328(a)(2.1), there is nothing in the certified record that would suggest
information relating to consideration of child abuse and involvement with
protective services, which would be considered under subsection
5328(a)(2.1). Further, the trial court did not discuss any additional relevant
factors under subsection 5328(a)(16).
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finder of fact to determine which factors are most salient and critical in each
particular case.”).5
After a careful review of the record, we conclude that, in making its
determinations on the best interest factors, the trial court properly considered
all of the credible testimony from the witnesses, and determined the weight
to assign to each of these factors. The trial court’s conclusions are not
unreasonable, and are supported by the record. We discern no error of law
or abuse of the trial court’s discretion. Thus, we will not disturb the trial
court’s Order.
Order affirmed.
Judge Stabile joins the memorandum.
Judge Olson concurs in the result.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 05/04/2021
____________________________________________
5 Moreover, to the extent that Father asserts that the trial court failed to
consider that he had step-children who should have been considered as Child’s
siblings, the trial court Opinion makes clear that the court was aware of the
recent addition of step-siblings to Child’s life when Father married L.S. in
August 2020, and chose not to afford them the same weight as Child’s sibling
relationship with her half-sibling, H.K., in this instance.
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Received 11/17/2020 8:57:26 F•lai#••d►1̀ ?o•(rRd•i•d••sit
Page 7 of 39 bchuylkii::o=ty Government
Filed 11/17/2020 8:57:00 AM Superior Court Middle District
1383 MiOA 2020
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
CIVIL ACTION —LAW
D, A. T No. S-841-20
Plaintiff
VS.
R M.T
Defendant CUSTODY
Russell Farbiarz, Esquire —for Plaintiff
Rebecca Smith,Esquire —for Defendant
IOPNION OF COURT
DOLBIN, J.
This matter involves aPetition to List the Matter for Trial and for Special
Relief by Mother,D A.T ("Mother") regarding the parties' minor
child, DOB 12/ /
14 ( or "child"). Mother originally
filed for custody in 2019 in Berks County, Pennsylvania and that Court entered an
Order dated May 7, 2019 granting shared legal custody to Mother and Father,
R. M :11 ("Father') and also shared physical custody on amonthly basis
between Father,who resides in Michigan,and Mother.Mother subsequently filed
apetition to List the Matter for Trial and for Special Relief; however,because
Mother had moved to Schuylkill County,Berks Countyno longer had jurisdiction
and the matter was transferred to Schuylkill County in June of 2020.On July 15,
2020,Mother'
scounsel fled aPetition to List the Matter for Trial and for Special
Page a of 34 Schuylki ll Ceunty Govexr=ent
Relief asking for various remedies. The parties attended aconference at which the
paramount issue then became where the child would attend school.
We held acustody trial on August 19, 2020.Mother testified first.
was born in Grand Rapids,Michigan .Mother left Michigan in 2017 to relocate to
Pennsylvania for employment purposes. Father knew that she was planning to
move.There was an incident where Father became argumentative and physical
with Mother because he did not want her to mote.He threatened to kill her and
parked his vehicle behind hers so she could not leave, and took her keys away.
Mother was unable to contact the police right away and by the time she did, there
was nothing she could do.During the incident,Father punched her in her stomach
and then blockaded the home. Father made numerous comments to Mother that he
would hurt her and hurt people at work.Mother was not concerned for herself, but
was concerned as to how Ch,\dwould be raised in that environment. Mother is
concerned about Father'
sreligious beliefs and personality.Father likes thinner
women and Mother believes that ,Chad does not eat because z
w\xd is concerned
about getting fat. ZhN\J holds her stomach when she returns from Father's care.
U•ac1 is only five years old.
Mother came to Pennsylvania as the final straw.Mother is trained as a
hystotechnologist.Her field is in avery specific area and there was avery small
pool ofjobs in that field in Michigan. Mother asked Father to move but Father
objected.Mother could not get ajob in Michigan. Mother got ajob in
Pennsylvania and moved in July of 2017.Mother was worried that her
Page 9 0: 39 Sahuylk_:I Cc=ty Goeez-=r.:
certifications would expire and that would hurt her chances of gaining
employment. Mother moved to Oley. in Berks County. Mother rented an
apartment outside of Reading, in the country. was 2'/2 years old at the time
they moved. Mother did not know anyone in the area. Mother did not believe
Father was happy about this move, but he kissed both of then rood-bye when they
left.
Mother now lives in Pottsville, Pennsylvania. The home is abrick bi-level
with three doors, three bedrooms and afenced yard. There is aneighborhood and
the neighbors are atightknit group and support each other. Ch Vhas her own
bedroom. Mother introduced pictures of the home. Mother has lived there for one
year. She moved from Olcy because she met her fiance, D K
o.x, asked her to move in with him. Mother works at the Geisinger Medical
Center in Danville, Pennsylvania and she is now closer to work. "0Ne_ and
Mother have ason, Hi ,who is one year old. They are planning to get married
on October I will be the flower girl. Mother would like to have custody of
eh.\c1 for the wedding. They met 2%z to 3years ago and started dating 2% years
ago.
They separated for atime because they were unsure about their relationship
and wanted to be with other people, but got back together. While they were
separated, Father asked to come to one of LW,\6 's doctors' appointments. While
they were there, bX. is brother arrived at the same office. It was astrange
coincidence and mother joked with Father that b.,. was following her. b.K
FeTq :0 of 3s Schuylkill county Gcvesnaetit
has never physically or verbally abused Mother. They have agreed not to use
physical punishment Zvi -
.h CIKt6 :rather, she has timeouts, she is sent to her room,
or she has to "run alap." p.K. .and Mother run astrict home. has chores,
such as washing the dishes or making her bed every morning. If Mother is not
home, and Cn,►d is acting up, b,Y,. contacts Mothcr. bC \%d complains all of the
time about having to do chores because she does not have any chores at Father's
home.
Hi was born on July 20.2019. adores him. When W\\\ is at
Father's and it is time for W,\d to FaceTime with Mother, QA, 6 only wants to
speak to "Bubba."
Mother has no relatives in Pennsylvania. She has aarother in Michigan but
does not have his phone number. They talk via Face Book. D y,►
has two sets of
parents. Mother is close to b,y,. 's mother and calls her every day on the way to
work, particularly with the wedding coming up. She is ten minutes away.
'o.v.. is siblings are supportive. Mother is good friends with b_y- I's Sister.
They all help with *v,&d and '7,k, 's mother is keeping :•;\d for the
honeymoon. -.N .v ,.'s father also helps watch th,1d' They all attended R :'s
birthday party. Both of qK..'s siblings have children and they are all close in
age. They are attending kindergarten together. Before •
Cov•p-1c• the cousins
saw each other every other weekend.
Mother works second shift from 3:OOPM to l1:30PM. She is with grad to
do school work. She leaves for work around t:30PM and returns home around
Days 1: of 19 sehuylkUl ;
aunty Gover==n.-
12:30AN4 the next morning. Hf wakes up around 6:3OA.M. k
, works for
the Reading, Blue Mountain and Northern Railroad, t%,picall% -7:OOAM to 5:00pk4.
every day except Wednesday and Sunday. They have ababysittcr, M
Gf ,four days each week. They found her through care.com. Mother has
looked into switching to aday shift. Mother is trying to figure out hoH• :o work
and also how to educate Cy*3,ifpart other school education is online. Mother is
more than willing to help C,Wod with school.
On atypical work day;Mother wakes the children, they have breakfast
together, they go for awalk, then have lesson time. H, takes anap, and S,%Aj•o
has quiet time, and they watch amovie. They then have lunch, and Mother gets
ready for work. When the babysitter arrives, she kisses the children and leaves for
work. 'n ,. is home about 3-4 )ours later. D,y, gets dinner for the children,
and gets them ready for bed. Bedtime is at 8:00pM.
Saturdays are family days. Sundays, '
b.Y, ,
„corks. Mother has the
children all day by herself until dinner.
Both parents taketw,6 Ito the dentist and doctor in their respective states.
Recently, ,z,W,\d has developed ahearing issue. Father was concerned that CA,kd
failed ahearing test. Mother took for atest and she passed. They are taking
UY\,kd co aspecialist. Mother usually texts Father about 001
3. Father does not
communicate about Ch,N6 's doctor visits in Michigan and she does not know the
names of the doctors there because Father has not told her. Mother found out that
Wod was in the emergency room at ahospital in :Michigan because ;he hospital
?aga 12 of 39 Schuylkill. County Government
emailed her. When she calved father, he wanted .o know how Mother found out.
Mother and Father have had along battle about vaccinations for \ta Father's
religion does not agree with vaccinations. Father has had strong words with a
doctor about it, creating atense atmosphere, after which the doctor left the room.
Now that they are in court, Father has agreed to have vh ,,6 vaccinated.
When Mother and LhN\6 moved to Pennsylvania, Father carne to visit for a
half day on Christmas Eve and left on Christmas Day. Mother had been in
Pennsylvania for six months by that time, and that was the first that Father
requested to see zx ,\ ,
A. In February of 2018, Zr,\6 went to Michigan for atwo
week visit. Mother filed for divorce and custody in Berks County, In 2018 they
came to an agreement on custody, with Father having ever; other weekend, which
he exercised. 1n 2019, they agreed to share legal and physical custody, on a
monthly rotation, which was entered as atemporary order of court.
The custody schedule has worked well for the parents but not for
She has trouble adjusting between the two different routines. During Mother's
time,GW4i attends preschool in Pottsville. It is difficult for to adjust to
Mother's routine when she returns from Father's. It takes Wti) .about aweek to
get back into it.
When the Covid virus shutdown started, Mother asked Father to keep C'+ \d
there for her in Michigan for her health and safety. Then, when they resumed
custody exchanges, Father would not agree to give Mother his month, so Father
?agq 13 of 19 Sehuylksll county Government
kept Zt,-kG for three months in arow. Father has only offered :Mother more time if
Mother does not file court papers. Mother final ly got •yt,0 -back in early June.
Sometimes Father has friends who reside in Pennsylvania drop ZhA NNo o
ff.
Mother does not know these people and does not k,o«- haw long they have had
Other than indicating they were friends through church, they would not
answer Mother's questions.
At one exchange, p,k. ,
accompanied Mother and there was an incident
with Father. Both H and ZW\,6 were present. -
7.•,,Y. -has aconcealed carry
permit and wore his weapon to the exchange. Father asked • .the was trying
to intimidate Father. Father asked '
T•,.K. if he wanted to fight. -
K-y& _got r,:Mg1
out of the car, while Father went and retrieved agun from Father's car. Father
said he was "done" and pointed the gun at shead. n,•— i
never removed
the gun but walked to the car and put his gun in the glove box. r•, \Owitnessed
this. IC>.Y.,. walked toward Father, who was now filming p •, ,.The police were
called.
Father regularly says horrible things about Mother, bY,, and H,
Father then waits for anegative reaction from 7. and films it using his phone.
When zxti,\d is with Father, she is taken between three different homes;
Father's home, Father's new wife's home, and the paternal grandmother's home.
Cn,\d stays with her paternal grandmother during the week. Mother does not want
th;•• staying there because one of Father's siblings lives there and uses drugs and
Page 14 of 39 Schuylkill Cowty wve:=zrt
has apoor attitude .Twice, has returned to Mother xvith head lice.c_ Oo is
disheveled and dirty,and her hair is not brushed.
Father recently remarried.Father had one other prior fianed. Mother had to
ask Father about these womet: in .cr:
\6Is life,who bonded with. Mother
found out Father was engaged from aFaeeDook post in March 2020. Father's
mother has not met her.
Mother would like JCh ,TN to live with her during the schoo: year and with
Father for the summer,except for one two week period .Father should also have
week-long school vacationsrbreaks.
On cross-examination, Mother testified that she moved to Oley in July of
2017, lived there for five months, moved to Douglasville, lived therc for seven
months,and then moved to Pottsville. She has lied in Pottsville for three years.
The home is owned by :
D,Y- brother Cl ,
Ki .C.k.lives
with his girlfriend.She and li, X .pay the mortgage and when they marry, the
house will be placed in both of their names.They do not have awritten agreement
regarding this.
Father did not allow CWNd to come to Mother's for H sfirst birthday
party.Father has asked about school options for Qi V3 including homeschooling,
so they could continue monthly exchanges. Mother does not agree .'
Uti,\a needs a
stable environment and not to keep going back and forth every months.
Mother and p,X. iwere separated for two weeks, during which time Father
attended one of Cr, ms's doctor appointments. After; p, i_ 's brother r;j•
Fags 15 of 39 Sahrylk ;ll, County Covervaart
showed up at the same doctor's office. Mother told Father that O1
k. was
-controlling." Mother told Father she thought .
D was having someone follow
her. ?Mother told Father that vas "rigid." has expressed concern
about l•_IC.'S rules. tkeeps to astrict schedule. fb,y . noes not allow
C1n••d to consume an entire bottle of ketchup during ameal; he restricts her to a
generous portion. They are also Mother's rules. b.y_ has made .ch,%t• clean up
when she makes atress, b .v at that time had not yet had achild. -,y did
not let ran;tdplay with an umbrella in the house. .h,\Ogets upset with'O -Y, I's
restrictions. p.Y,. took ablanket away from Ur ,xo and replaced it with anew
one. '•A;tta became very upset. In early 2020, Ch-,%O was losing atooth and
Mother and p. V,. tied astring around the tooth and attached the other end of the
string to adoorknob and shut the door. M*,%G became very upset about
that. Mother knows that tells Father that- .,,, iis "very mean."
i•,gV, and Father have issues. p,V tsaid things to Father after Father
walked into their home. At the custody exchange where the guns were drawn,
did not hit Father, He swiped at Father's phone to have him stop recording,
and the phone hit Father in the face. D.K.. •called Father Names and threatened
him.
Mother believes that at Pottsville, cw;, Ywill get on the bus at 8:1 SAM and
get offat 3:45PM. ••k is home around 5:3QPm and will make dinner and help
with homework. Mother will only see t✓wd Ifor ashort time in the morning.
Fag% 16 or 39 Schuylk- :.l co=ty Gove.:.aear
However there may be days of remote learning and Mother will be there, and the
babysitter will take over when Mother leaves for work.
Mother agrees that Father has alarge family in :Michigan, that has
numerous cousins there,and that she can ride horses at her grandmother's.
Mother does not suffer from any mental health issues but may have suffered from
postpartum depression after H• •'s birth.
has said words about defending, the house and shooting people who
enter, including Father, in front of,;. N-
06 At the time, •j,• iwas trying to teach
(zW,%d not to open the door.
When Mother left for Pennsylvania, Father was present at the home.
Mother gave Father her address in Oley. Mother did not drain their bank account.
Mother started working in Danville in October of 2019. It is aone hour commute.
Mother never filed for aProtection from Abuse Order for Father and never
reported his threats to the police.Mother agreed that despite multiple custody
proceedings,Mother did not raise these allegations until today.
Mother agreed that under the first custody order, Father visitedrWgi every
other weekend, despite the distance. Mother does not agree that she and Father
had good communication about CW.%,A in the past. Mother only disclosed the
private information about D v.a to Father in regard to how to handle tt1, not
to bring Father into apersonal issue. When P, vas born, :X46 was with
Father. When Chad returned, she brought gifts for Ht ,which Mother threw
away. Mother sent Father atext not to send gifts. It was the context of the gifts
10
Page 17 of 39 schaylkill Couaty Goverrr=rt
that caused this. The gifts were not from Cnid The gifts were not akind gesture.
Mother did not throw the gifts away in 4ront of who was excited about the
gifts and the baby.
C-WN6 alls 1by
- his name. They do not encourage UW%Ndto call
daddy.
On redirect, Mother testified that she believes she is secure in her current
living arrangement and knows she will qualify- for amortgage. Mosher andZ.-
agree on the larger rules for (,W,\6 ,including bedtime and chores. will eat an
exuberant amount of ketchup, is helping Mother to help .egad,eat less
ketchup by placing aset amount on her plate and using it throughout the meal.
zwg6 complains about b. V- - They have discussed it as afamily., T). Y. is
trying to set i•\Oup for success later. c:,n 6 lives at places that have differcnt
rules. b N— i
was raised in astrict environment. Mother denies he is controlling.
's baby blanket was in pieces. 1b .y- ;old vn;\d that she is abig girl now
and no longer needs ababy blanket. The blanket was disgusting. I: was not meant
to be avindictive move or punishment by •.
! .3— 's statements to Father have always been in reaction to Father's
actions or words. Father walked into their home when l•.lC was not home.
Mother admitted p.• made verbal threats to Father about what -p ,Y, Nould
do to him if he did that again. Father called Mother terrible names when she
became pregnant and also about -•-) N;,d
is
raga 22 of 39 Schuylk!,11 County Govorrxzt
On cross examination, itr5 stated that she became involved with Father in
?019 and they did not live together until March of 2020. She was not around
Haley prior to that. She has not mct Father's mother, C. T1 ;. She and
Father have aclose relationship and she knew they were engaged.
L.S. tnd Father are moving to Plainwell from Grand Rapids. They go back
and forth while working on the house. ? has been to both homes. Haley last
stayed overnight with her paternal grandmother in May. Father often stays there
also. It is a45 minute drive from Plainwell to the school, There is apublic school
in Plainwell but they want the girls to attend the same school. Both k-.5. and
Father have family in Grand Rapids.
C`n;vl calls L5. by her name, or "momma L i." LA IS able to take the
girls to school but cannot pick them up except on her one weekday off from work.
Next, Father testified. He lives in Plainwell, Michigan. lie used to live at
his parents'home.He bought land along ariver that has ponds, woods, chickens
and ducks, and where he could have his dream home. Father introduced pictures.
Father purchased the home in 2018. They are getting ready to sell u•3.'s home.
Father put in abeach at his home as an engagement present to L.%, when
she asked him to do it for the children . is Father's only child .There are
neighbors nearby and their church is about eight miles away. They enjoy the
support and friendship.
uo6 suffers from muscular dystrophy. Mother did not bring this up when
she testified. Chao suffers from mobility issues and must stay active. Otherwise,
16
Page 23 of 35 Sahuy.k"I County Coverr=e jt
her muscles will waste away. She is sensitive to pair.. has had several
doctors' visits. She needs physical therapy; she had it prior. She needs this at
regular intervals. C. N00 recently failed ahearing test. Father has noticed that she
sometimes stares off into spare and they s:talzs out of it when her name is repeated.
c,W6 -failed the test in both ears. Father told Mother. Mother took •Ch•%d for a
test, which she passed, but Mother is taking ,r,\d to aspecialist. 'this is atypical
response by Mother to amedical issue with has yeast infections.
Father has taken to several doctors and has talked to Mother. Mother treats
it as no big deal. When Father asked her about it, she said she uses an ointment.
Father had no idea had this issue until he found out that U\Wa -had it.
Father has no physical or mental health issues and no criminal, Children &
Youth or PFA record. Mother has no physical issues but suffers from depression
since her mother passed away. Father denied that his marriage to L.S. was quick
or rushed. Father testified that LS. asked to be married, and Father's proposal
%vas more like abusiness meeting. Father loves t_S ,.wry much. Father engages
in outdoor activities with'. L5.`5, children such as walking, biking, taking part in
sports and movie nights, and roughhouses with St
Father has been employed with UPS for 21 years. He served in the
military. His current shift is 3:00-4:OOAM to 12:00-1:OOPM. He just won abid
and has options for adifferent shift, in the event he gets primary custody oft„ ;Nd ,
so that he can take her to school. This would also give him amore normal steep
17
tag@ 24 of 39 Sch:JyJX!I1 County Goverrzwnt
schedule. He has had to get up at 2:30AM for 20 .ears. With a9:00AM to
2:04PM schedule, he can drop the girls off at school and pick them up at 3:OOPM.
Living Stones Academy has areopening plan with COViD precautions.
Father's new shift could be flexible if the school goes to avirtual teaching plan.
Work is aware of Father's situation with :;•;•c_1 and they are willing to be flexible.
LS, has avery large family with many cousins in the age ranges of 2to 13
years old..r-jj;•,3 saw them several timcs each week prior to the pandemic.
Father's parents live 20-25 miles a,.%-ay. They have not yet ntet i
\_-. because His
mother gets unusually attached to Father's friends and if the relationship does not
work out, she becomes heartbroken. Father wants to make sure the relationship is
real before,,!-
D,t meets his mother. Father's father is alineman having worked
forty years for an energy company. His mother was ateacher. She tutors
regularly. They live on alarge farm with horses.L' %,rA loves riding. Father's
brother Ti also lives there, as there are several houses on the farm. T uses
medical marijuana for his anxiety, but not around ; .Father's family watches
chad' when he and t-.5. at work so he does not need child care. Father gets
along well with M 's father, ! and with her siblings.
Father and Mother married on April 29, 2012, and was born in
December of 2014. They lived outside of Grand Rapids. Mother wanted to get a
job to get experience in her niche field. She could not get ajob locally without
having any experience. Mother told Fattier she was taking ajob in Pennsylvania to
get experience, and that she would be then come back. Father took Mother at her
18
PagQ 29 of 39 Sehuylksl: Cowity Government
word. As soon as Mother got to Pennsylvania, the struggle began. ,Mother did not
tell Father where she lived. Mother filed for custody in Berks County and Father
was awarded every other weekend. It was not aworkable arrangement for Father
but he did it anyway. Then, in 2019, he received shared custody with Mother.
Mother's story about leaving is not true. Father could not have boxed her in with
avehicle. They are neighbors. Father was not home when Mother left. Father was
on atwo week deployment in the Army. Mother had told him she was going to
leave,but Father told her not to. and he thought the matter was tabled.Father
trusted Mother and thought the relationship was salvageable.Father took Mother
at her word that she was coming back.
Father provided all of the transportation fot until the 2018 Order.
Father recalls that he met, D•'-- in 2018. Initially, they had agood relationship.
,
helped Father when his old car would break down. Then when Father
entered, 's house it became abig thine. Father arrived early to pick up
fr.•tl .j et was at work. Mother opened the door and went to get 'c-
WNrS ,
leaving the door open.Father took astep into the home, and Mother told him to
leave, so he stepped back onto the porch. Mother called 'D x. is brother Cr+•.
and CN- watched Father from CLIk— 's car until Father left with
became very angry and thought it was aploy by Father. At another exchange,
things were said that they now regret. Father warts to havc agood relationship
with n-k. ,
like he does witlt L5.1 and C1
19
?egp 26 of 39 schuylk:_1 County v'ove_z:.om.
Father attended adoctor's appointment for Qy+4 with Mother, and C'.Y,..
showed up. Father has had no difficulty with •,.•. ,'s brother.
Al the custody exchange, Father for the first time saw it.k, carrying a
gun. Father felt was brandishing it. Father admits tha: he "poked` px.
and aggravated him, after which p_x,. became very upset and loud, b ob,, was
threatening Father verbally, and then turned to his car and took his gun out of the
holster. Father did not know what b,Y,. was going to do, so he took cover, got
his weapon, but did not point it at b.x. .Father knows now that t,.k. iwas
simply putting his gun in his vehicle. , told Father to back off and get out of
his face. Father backed to his car, but p.k_ icame at him, so Father started
filming. Father does this because it usually stops whatever activity is ongoing and
everyone starts acting nicely, cv\;\O was behind him the entire time. p K. tried
to swipe Father's phone and hit Father in the face and made bumping moves.
Mother got in between them and told p.k. that he was going to make her lose
custody ofLr,••
Mother has spoken to Father about' p•k is relationship with u;r, and
how Ch,tid is timid and afraid that she is breaking the rules. Father has received
texts from Mother that have Father concerned. ," ,
•• was very upset about the
4
blanket. Father had the same blanket and ordered one for •,,W kd-
Father used to be able to video chat with lch;, but now he has to video
chat prior to l:4dPM, when Father is at work. If Father calls h k is phone,
p,k .
- rarely responds. Last night, Father was able to chat. When C_Wkr3 is with
20
Pagr 27 o£ 39 8ch-jylkxit County Cove-mm
Fattier, Mother regularly chats with tw-0 and Father never limits their time.
needs both louring parents actively involved in her life. Father's
communication with Mother was good but not now. Father believes that
put the kibosh to this after Father walked into their home, n_l- tno longer comes
to custody exchanges in Ohio. Mother comes on her own with Father does
not believe co-parenting will work because of the incidents with n•K Mother
does not share anything with Father about l-W„6 Father finds o:at from FCry \d
Father would like to speak regularly with Mother so that they can co-parent and
mutually exchange information. Father asked Mother about using "My Family
Wizard" to communicate and received no response. Father is not perfect and there
are areas he needs to %vork on. When Mother had her new baby, she asked Father
to keep e,r'm3 Father and his mother were very excited and believed they received
agift. Cn;O1y told Father about how Mother and o. ,
L. i
had pulled her tooth out
by slamming adoor with astring tied to it. Father called Mother, and Mother
admitted to it. ch: was traumatized by this and was afraid Father would do the
same when she had another loose tooth.
Father has attempted to work with Mother but it is like working with a
brick wall. cwad is happy, loveable.and funny. She is very sensitive. She needs a
lot of positive reinforcement. Father does things with her to make it fun, and then
she is able to do there herself.
Father is concerned that Mother won't be around It 04 and ,ki,)e\ will be
with 1t,.1,.i predominantly. Father does not think that .
o,,..
- twill facilitate an
21
Page 28 of 39 sckwylkLU coumy Goveroaezt
open co-parenting relationship. Father will lose tn q-\J and ch'k\will not want to
get to know her family in .Michigan. T)•%(. has flaunted his relationship with
Hazel and has her call him "daddy." -
z>.k. has bragged to Father that he is going
to be the "daddy" ro\v.
In August of 2019, Mother teated Father to come and get Cr,' e6right away.
Mother m.-ould not say what the problem was. Father and Mother lives a16 hours'
drive apart. Mother did not say why or give any details. Father was very
concerned and wondered about Mother's stability. Father was concerned Hazel
was not in asafe environment.
LS, is avery positive influence and gets along well with lrh:cl. 1LA;Nz1
often goes to. LS -for things. LSj enrolled her in school. Living Stones Academy
empowers students.
Father would like primary custody of and wants to enroll her in
school in Michigan. Mother can have tr;td for the summer and during school
breaks. Father can provide better stability and growth and cWNd :an be around her
family in Michigan. Father will change his work schedule and be with her all of
the time.
On cross-examination, Father testified that chtyd 's muscular dystrophy is
mild and she is not currently treated for it. She does need regular activity because
she has loose joints and activity keeps her muscles from atrophying. C' 's wife
is aphysical therapist and she can work with UbN6 Wi6 has aregular
pediatrician in Michigan. Father regularly speaks with Mother. Father admits that
22
Fagg 29 of 39 Schuylk:El CW= ty 3war:
areat
he wrote that 'Ch;vd' calls U5t "momma Li ." Father admits that lie knew Mother
and Unoo %ere moving to Pennsylvania in 2017 and that rather did not go to
court or to go get 'QNO, although he did :beet with an attorney at the time. Father
did not have Mother's address. Father came at Christmas and stayed for ashort
period. The lust time Mother filed for custody, lather was engaged to awoman
named Ei They did not live together, Father lived with his parents at that time,
but he later moved in with E, That relationship ended in early 2018. U\1\6,
met Ei and developed abond with her. QK,16 was sad when they broke up.
Father dated other women but only introducedrr t
i
z•1
to one other beside B
and t„S. Father started dating t.S. in July 2019. Father admitted that his mother
has not met j_5, and that is why he did not introduce them, because his mother
gets more attached to his girlfriends than QA;td 1. Father is more worried about his
mother than Ch,%d in this respect.
Can-+d spends alot of time with his mother and has her own bedroom there.
His mother has room for all of her grandchildren. Father has 30 days to decide
about the bid he won and change his schedule. He and .have ananny if the
need arises,but right now they have extended family. The trip to school will be 80
miles round trip. Father attempted to reach out to Mother about school options for
aN;•U but Mother never responds to Father's first attempts to reach out to her.
Father cannot text her and they are not allowed to speak on the phone. Father
prefers to talk face to face or on the phone or via FaceTime. It is chaotic to text or
email and receive no response. Father and L!5, will pay for .Z(•,•O 's school.
23
Pagp 30 of 39 BChUyiuiii County Goves.==-.
On re-direct,Father testified that he trusted Mother and did riot file for
divorce based on his religions convictions. Father thought they could work it out.
rather is aSeventh Day Adventist Christian.
This Court must determine which custody arrangement is in the best
interests of the child pursuant to the Child Custody law, codified at 23 Pa.
C.S. §§
5321 et seq. We must consider the testimony in light of the sixteen enumerated
factors set forth in 23 Pa.C.S .§5328(a ). The Court has considered the evidence in
light of each of these factors as well as any outer relevant factors and concludes
that it is in the best interests ofthe child for Mother to have primary physical
custody during the school year, for Father to have partial custody during the
summers,and for the parties to share legal custody,
Applying 23 Pa.C.S.§5328(a), the first factor we must consider is which
parent is more likely to encourage and permit frequent and continuing contact
between the child and the other party.We find that Father is slightly more likely
to encourage frequent contact.Mother moved to Pennsylvania with in 2017
and did not dispute Father's claim that lie did not visit because he did not
have Mother'
saddress.When Mother gave him her address,he came to visit
for Christmas. Since then, Father exercised his custody time and provided
all of the transportation until recently.Every other weekend,he drove 32 hours
round trip to seeM;\d !. He never refused to return to Mother and kept
u ,•O for extra time when Mother asked him to. The only thing he did was not to
agree to give Mother one of his months in exchange for the month he keptU\.,oci at
24
:age L: o: 39 scl y•k_3: Cow Ly 3ova.-Ma: C
Mother's request. Mother has ample FaceTime with while with Father.
Mother has limited Father's FaceTime with by requiring Father to call prior
to 1:OOPM, when she knows he works from 3:OOAA4 until 1:OOPM. While Mother
is obviously trying to prevent interaction between Father and n.\(- t. the fact is
that Mother is intentionally limiting Father's ability to communicate with lvh;\cl
and is not providing some other solution so that father may communicate with
when Father is home from work in the afternoon or evening. We note that
Mother has never withheld the child from Father and has encouraged Father and
t
,w\d :o have arelationship otherwise.
The second factor is any past or present abuse or involvement by any
county Children & Youth Agency. There is no agency involvement. Mother
alleges that Father was abusive to her prior to Mother's move to Pennsylvania;
however, this was raised for the first time at the custody trial, attd not at any prior
proceeding. Mother and \j,\(, .also allege that rather verbally abuses them in
front of likewise, Father alleges that D mK .has verbally assaulted him in
front of b)w ..This must stop. This factor weighs slightly in favor of Mother.
The third factor is the parental duties performed by each party on behalf of
the child. This factor currently weighs equally between the parents. Both parents
take .W,%d to the doctor and attend to her needs. There is no evidence that one
parent is better at it than another,
The fourth factor is the need for stability and continuity in the child's
education, family life and community life. Father owns ahome in Michigan and is
25
Pace 32 of 39 Schsylkzl: Cowmy Goverr.¢ent
recently married.K)N%4 spends most of her time in Michigan with family. Because
of the COVID shutdown,it is difficult for anyone to establish community
involvement at this time .Father has had three women in :his life whon U)'od. has
met. Two she bonded with.
Mother has only had one significant person ir her life since 2417, b IC. ,
Keip, and they are engaged to be married. Mother lives in ahouse with p..
that is owned by 'b -1L .' sbrother.Mother is relying on the upcoming wedding to
be able to purchase the house and get amortgage. Prior to that, Mother rented two
separate places to live since 2017. Mother has no family in Pennsylvania,
although max, +cs Iis close to N•).K. 'S family, and they treat her as their own. All of
Father'
sfamily lives nearby in Michigan.As for as education, cxiab is just
starting school this fall. Father is able to change his work shift to be with)
unless she is at school .Mother will be with k•\•1ei for breakfast and to get Cal;•O
ready for school .•,;•;tl will be with '
tj,k .,after school until bedtime. There was
no significant evidence that Mother will be able to switch her shift at work to
spend more time with :Ch"Sd
Father is more stable in terms of residences,Mother is more stable in terms
of having had only one significant relationship .Community involvement is
practically zero at this time due to the COVID shut-
down. This factor weighs
equally.
The next factor is the availability of extended family to help with the
children. This factor weighs in favor of Father.Mother and b.`► — are not yet
26
:acp 33 of 39 Schuylksll County Govez
r=v t
married. Mother has no family in Pennsylvania. QWtO sees her paternal
grandparents and cousins regularly.
The child did not express apreference and did not testify.
The factor of sibling relationships is weighted in favor of Mother. CIA06
has anew half-sibling baby brother with Mother. Father does not have any other
children.
The next factor is whether aparent has attempted to turn the child against
the other parent. We find no evidence that either party is purposefully engaged in
this sort of behavior at the present time. However. Father must stop making
caustic remarks to and about Mother and/or .o-Y,.,at any time, and particularly
in front of This is aform of insidious parental alienation. Father testified
that he recognizes that he intentionally pushes -t,.Y,. 's buttons to cause:•„ 1to
explode, and that he then pulls out his phone camera "to get the behavior to stop."
Father needs to seek counseling to learn how to stop engaging in this behavior
which is harmful to everyone including the child. Likewise, pad i
is unable to
control himself during these times, adding fuel to the tire. Both seem oblivious to
the child during these times. This factor weighs in favor of Mother because of
Father's intentional harmful statements to p• and about Mother in front of the
child.
The next factor is which party is more likely to maintain aloving, stable,
consistent and nurturing relationship with the child adequate for the child's
emotional needs. We find that both are, except when Father is goading n,K . or
27
Page 3s of 39 Schuylkill Cw..;Aty Cove:nEu nt
saying terrible things about Mother in front of the child. Father's and 's
behaviors in front of :he child are not acceptable. TF.ere is areason that every
custody order provides that no one is to speak ill of either parent in front of a
child. This factor weighs in favor of Mother.
We find that Father is the parent more willing to attend to the daily
physical emotional, developmental and educational needs of the child. We were,
frankly, shocked when we learned after Mother's case-in-chief had rested that the
child has muscular dystrophyWhile it inay be mild, this is acondition that must
be monitored and attended to. Mother made no mention of this condition. Mother
must rely can ababysitter to help educate on the days she would be attending
school at home, online, after Mother leaves for work at l:OOPM. Mother would be
able to help educate M;%d earlier in the day, but Mother also has ayoung infant
that she would have to attend to at the some time. Mother admitted that c,Y\;+cl
would need someone to sit with her and guide her through the online classes.
Mother did not seem realistic about her plan to get everything done wish .•,W, KG's
education as well as eating breakfast,lunch, going for awalk and having her son
take anap while kwid has quiet time and watches amovie, prior to Mother
leaving for work. As -OX- testified, many days depend on the children and how
cooperative or uncooperative they are .Mother was willing to have the child's
hearing tested and to get asecond opinion.
Father is the parent who testified about CrrAO's condition and the
importance of keeping active and keeping her muscles from deteriorating. Father's
28
Page 35 of 39 Schuylkill County zoveraaent
brother's wife is aphysical therapist who can help Lr ;
~d Father presented the re-
opening plan for the Living Sores Academy, which he is willing to pay for as
well as to take cn;kol to school and pick her up along withl—S. Cs daughter.
Father's work schedule is flexible and Fattier testified that his long-time employer
is willing to let him go part-time and to have adjustable hours to be able to do this
and to be with ,ch:16. Father provided more testimony and evidence about how
}
\Z%O is ahappy, funny and vivacious child. Mother's testimony tended to focus
on how CM;No is developing aclose relationship with D-K: 's family, Father's
lack of cooperation.. and issues with t,K, t. Mother does attend to the daily needs
of the child or sees that others provide those needs when Mother is not present.
As far as the proximity of the residences of the parties, the parties live 16
hours from each other, in two different states. Physical custody can no longer be
shared now that Qn;jd "is ready to start school.
As far as each parent's availability to care for the child or ability to make
appropriate child-care arrangements, Mother can make appropriate care
arrangements. There were no complaints about the babysitter, and -T•.k, iis not
an inappropriate caregiver. ib K, has willingly of ered to help care for C: A; td
and is learning how to raise children, as all parents must do. Mother relies on both
the babysitter and p f-, ito care for Ly•y ti•j when Mother is at work. Mother's time
to care for is also now shared with another young child. Mother relies upon
Tqk is family to help with C•,kO as well, and they are obviously willing to do
that and are fond of the child, but they are not yet family.
29
Page 36 of 33 9C1:nylkUl ates_y Goverment
Father is willing to change to apart time position so that he can be with
Q xx'6- except when she is attending school. Father also utilizes the paternal
grandparents for child care. Father is often present as well. However, the fact that
Father has not introduced his new wife t-S to his mother ;with the only
explanation being that his mother grows very attached to people, and .t_S.e's
inability to explain it during questioning, is very strange. Father and L5 are
married, ands, has never met the paternal grandmother. This Court could only
wonder how Father is able to juggle separately his marriage and his mother. There
is obviously some prob!em there. Father admitted that, ',%S had bonded with his
first fianed, which did not work out. This factor weighs in favor of bother.
The next factor is whether there is acredible concern of drug and alcohol
abuse for either party. There is none.
There are no mental or physical concerns for either party or anyone in their
household concerning the child, other than those already discussed.
Finally, the Court considers the factor of the level of conflict between the
parties and their willingness and ability to cooperate with each other concerning
the child. The level of conflict is high. Father says insulting things to Mother and
t•.•. t. Father goads 716.k. iinto arage and then fiims him on his phone camera.
Mother does not want to communicate with Father as aresult. Mother testified that
Father does this all of the time. This must stop.
30
Fay. 37 09 39 schny.ks_: Comty Goverment
The custody exchange must be addressed.There shall be no guns worn,
carried or drawn inCA%;)b spresence, during custody exchanges or at any other
tip„c. 1n all :n ; years on the bend:, this member of the Court has never heard such
astory of guns being worn,drawn and aimed during an innocent child's c:
tstody
exchange .No one seems concerned in the slightest about the impact of witnessing
these events onUYl 161. Ch\1d loges both of her parents.
Father and •p .
lt. _appear to be the persons fueling the fire of animosity and
rage .1\b one leveled any accusations at Mother along these lines, other than her
failure to respond to Father'
sinquiries.Who can blame her?
Father, Mother and n -nneeds to take whatever steps they need to take to
end these frankly childish behaviors.Counseling, co-parenting counseling,
parenting programs ;mediation,Our Family Wizard —there are amyriad of
professionals and programs available on the internet and in person to help parents
and paramours and fiancds who cannot or will not or do not want to get along,
learn to either accept and cope,and not to react.Father in particular needs to
change his behaviors.The goading of another individual into rage is aterrible and
insidious thing to do to another person .Father needs professional help to end his
harmful behaviors which are being witnessed by the child.
For these reasons, we believe that Mother should have primary physical
custody. Should either party wish to relocate after the date of entry of this Order,
all parties need to be aware that our child custody statute has very strict relocation
requirements.No relocation shall occur by one party unless the other party
31
Pap 38 of 39 Schuylkill county wvarnmrt
consents. 23 Pa.C,S. §5337(b)(I). If the otherparty does not consent, the
relocating party must first seek approval from the Court prior to relocating. 23
Pa-C.S. §5337(b)(2). There are strict notice requirements which must be followed
as well. 23 Pa.C.S. §5337(c). See ltslo Pa.R.C.P. 1915.17.
Therefore we enter the following: