Amrhein v. Amrhein

5 Pa. D. & C.5th 323
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedSeptember 21, 2006
Docketno. FD 03-1763-003
StatusPublished

This text of 5 Pa. D. & C.5th 323 (Amrhein v. Amrhein) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amrhein v. Amrhein, 5 Pa. D. & C.5th 323 (Pa. Super. Ct. 2006).

Opinion

WECHT, J,

Plaintiff Christina M. Amrhein (Mother) appeals this court’s May 16, [325]*3252005 order awarding primary custody of the parties’ two minor children to defendant Michael Joseph Amrhein (Father).

BACKGROUND AND PROCEDURALHISTORY

The parties married on August 29,1992. Two children were born of the marriage: Brittany (date of birth—09/17/89) and Dayna (date of birth—09/17/96). Father filed protection from abuse (PFA) petitions against Mother that resulted in the entry of temporary orders against her on September 2 and October 14,2003 (per the Honorable Kathleen Mulligan, J., and the Honorable Randal Todd, J., respectively).1 By consent order dated October 22, 2003, Father was granted primary custody of the children. (Rl. at 7.) The October 22, 2003 order (per the Honorable Michael O’Malley, J.) vacated the temporary PFA order against Mother. Id. The order provided, inter alia, that Mother would not return to the marital residence and that Brittany and Dayna would remain there in the primary custody of Father. Id. The order gave Mother partial custody on weekends. On October 30, 2003, Mother filed a complaint in divorce. On November 13,2003, Mother filed a complaint for custody of the two children. (Rl. at 7.)

On December 9, 2003, Mother filed a PFA petition against Father on behalf of Brittany. (Rl. at 7.)2 By [326]*326consent of the parties, the final hearing date on Mother’s petition was continued from December 15, 2003 to January 7, 2004. Following an evidentiary hearing on the record on that date, this court dismissed Mother’s petition.3 The January 7,2004 order further directed the parties to obtain individual counseling for Brittany, as well as family counseling.

Mother procured the filing of criminal charges against Father in connection with the December 9, 2003 incident that formed the basis of Mother’s PFA petition. A no contact order barring Father from having contact with Brittany issued with the criminal complaint. (Rl. at 92-93.) While the criminal case was pending, Mother kept both children in her custody from December 9, 2003 to May 24,2004. (Rl. at 7-8.) With the exception of some time with Dayna at Christmas and Easter, Father did not have contact with the children during that period. (Rl. at 8.)

Following a custody conciliation in this court’s generations department, by order dated March 8, 2004, [327]*327Father was directed to contact Barbara Madaus (a licensed therapist) for family counseling with the goal of re-unification with the children. On May 19, 2004, Father presented a “motion for special relief’ requesting that this court enter an order directing Mother to return Dayna to the marital residence and scheduling a contempt hearing to address Mother’s failure to comply with the provision of this court’s January 7,2004 order requiring family counseling. Father alleged that Mother would not allow Father and Dayna to meet with Dr. Madaus outside of Mother’s presence, and that Mother had failed to bring the children to some of the sessions.

On May 19,2004, this court entered an order directing Mother to return Dayna to the marital residence on May 24,2004. (R1. at 8.) The issue of Brittany’s return to the marital residence necessarily was deferred until after the June 29, 2004 trial date on the simple assault charges filed by Mother against Father in connection with the December 9,2003 incident.4 (R1. at 8,13.) On June 29, 2004, the Honorable Kathleen A. Durkin granted Father’s motion for habeas corpus, and dismissed the criminal charges.

On June 18, 2004, Father obtained a temporary PFA order against Mother (per the Honorable Kevin G. Sasinoski, J.). (Rl. at 8.) The parties were scheduled to appear at a final hearing before the undersigned on June [328]*32828, 2004. In the meantime, by order dated June 22, 2004, pursuant to an “emergency motion for special relief’ filed by Mother, this court provided that Mother could continue to have custody of Dayna on weekends and Tuesday evenings for dance class and that this exercise of custody would not be considered to violate the June 18,2004 temporary PFA order.5 The court also granted Mother make-up time for missing the weekend of June 18. The final hearing on the June 18,2004 PFA was continued three times. The final hearing on the PFA, as well as on Father’s complaint for indirect criminal contempt (filed on July 21, 2004), ultimately was conducted on September 15, 2004.

Following hearing on September 15,2004, this court dismissed the PFA and indirect criminal contempt petitions. The order further provided that, on an interim basis pending custody trial, the parties were to share legal and physical custody of both children on an equal 50/50 basis, with a week-on/week-off schedule. The Sunday noon exchanges were to take place at the Ross Township Police Station if the parties could not otherwise agree on a location. The parties were directed immediately to commence co-parenting counseling with Jeffrey Freedman Ph.D. The parties also were directed to continue or commence individual therapy and to ensure the continuation of therapy for both children. The parties were specifically directed not to use the police to mediate custody disputes.

[329]*329On Father’s motion, a custody trial was scheduled for May 3,4 and 5, 2005.6 Following trial, on May 16, 2005, this court entered an order awarding primary physical custody of the children to Father.7 This court awarded shared legal custody to the parties. The custody schedule for the school year set forth in the order provides that Father is to have custody of Dayna from Sunday evening through Friday afternoon during the school year. Mother is to have custody of Dayna from after school on Friday until Sunday at 7 p.m. Father is to have custody of Brittany from Sunday evening through Thursday morning. Mother is to pick Brittany up from school on Thursday and drop her off (with Dayna) at Father’s on Sunday at 7 p.m. The custody schedule further provides that Father shall retain custody of the children on the first weekend of every month.

The custody schedule for the summer set forth in the order provides that, if either child is directed to attend summer school for low grades by the Pittsburgh public schools, the school year custody schedule shall remain in place. Mother is entitled to a two-week summer vacation with the children as long as it does not conflict with summer school. If neither child is directed to attend summer school, the order provides that the parties [330]*330shall alternate custody in the summer on a week-on/ week-off basis starting each Sunday at 12 p.m. Each party is entitled to a two-week summer vacation with the children in that scenario.

Additionally, the order permits three phone calls per day from the noncustodial parent to the custodial parent’s home, for a maximum of 45 minutes total for all three calls. The order allows Father to discipline Brittany by removing her cell phone, and prohibits Mother from replacing the removed cell phone. The parents were prohibited from encouraging the children to defy the rules of the other parent. Each parent was ordered to keep the other parent informed of medical, religious, academic or disciplinary issues. The parents were ordered (again) to desist from involving the police in the custody matter.

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Cite This Page — Counsel Stack

Bluebook (online)
5 Pa. D. & C.5th 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amrhein-v-amrhein-pactcomplallegh-2006.