Angstadt v. Ament

10 Pa. D. & C.5th 283
CourtPennsylvania Court of Common Pleas, Berks County
DecidedFebruary 5, 2010
Docketno. 04-7524
StatusPublished

This text of 10 Pa. D. & C.5th 283 (Angstadt v. Ament) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angstadt v. Ament, 10 Pa. D. & C.5th 283 (Pa. Super. Ct. 2010).

Opinion

LASH, J,

The matter before this court is the custody complaint of plaintiff, Erica Angstadt (Mother), and the petition of defendant, Stephen James [285]*285Ament (Father), for permission to relocate with the parties’ minor children. A child custody trial was held on February 2, 2010. We enter the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Erica Angstadt (Mother), is an adult individual who currently resides at 1107 Showers Lane, Muhlenberg Township, Berks County, Pennsylvania 19605.

(2) Defendant, Stephen James Ament (Father), is an adult individual who currently resides at 125 Sumner Avenue, Forest Hills, Allegheny County, Pennsylvania.

(3) The parties are the natural parents of AJA, bom October 20, 2000, and AMA, born October 15, 2001, (minor children).

(4) The parties are divorced, a divorce decree being entered on November 5, 2004. They initially separated in January 2003. At that time, Mother moved in with the maternal grandmother in her house in Leesport, Berks County, Pennsylvania.

(5) From January 2003 to June 2003, Mother and the minor children resided with the maternal grandmother.

(6) Sometime in April of2003, after receiving a report of alleged abuse of the minor children, the Berks County Children & Youth Services (CYS) obtained a temporary placement of the minor children with the maternal grandmother, pending investigation. Mother was limited to supervised visits.

[286]*286(7) In June 2003, Mother moved in with James Kaas, who became her paramour and remains so to this day. At that time, they resided at 209 Verdure Lane, Douglassville, Berks County, Pennsylvania. They remained in that home until sometime in 2006 or early 2007. However, Mother and her paramour separated approximately three times, resulting in Mother moving in temporarily with her friend, Dianna, or back in with the maternal grandmother.

(8) Meanwhile, the minor children continued to reside with the maternal grandmother until August 2, 2006, when the minor children were placed by CYS with Father. Mother’s visits were supervised throughout this time.

(9) Sometime in late 2006 or early 2007, Mother and her paramour moved to Union Street in Birdsboro and resided there until they moved to 27 South 23rd Street, Mount Penn, Berks County, Pennsylvania, where they leased a house for approximately six months.

(10) On December 29,2009, Mother and James Kaas moved to their current residence.

(11) From April 2003 through July 18,2007, the minor children were dependent, subject to the custody of CYS, and as stated, resided with the maternal grandmother from April 2003 to August 2, 2006, when the minor children were placed with Father. On July 18, 2007, the dependency order was terminated. The minor children were ordered to remain in Father’s custody until further order, with any visitation with Mother to continue to be supervised.

(12) Despite the terms of the order, the parties began an informal arrangement whereby Father had primary [287]*287custody, with Mother to have unsupervised visits on alternate weekends and two evenings per week.

(13) The informal arrangement continued until July of 2008, when CYS reopened the case, after receiving a report from a doctor concerning a bruise on AJA’s rear end. The bruise was caused by Father spanking AJA after AJA got in trouble on the school bus. CYS permitted custody to remain with Father. At Father’s insistence, the parties returned to the terms of the existing custody order, meaning Mother was again relegated to supervised visits.

(14) Mother’s visits were supervised, at times by the maternal grandmother, at times by Father, and generally through Signature Services, who conducted two-hour visits on a weekly basis.

(15) Mother filed the within petition on December 18, 2008, requesting primary custody of the minor children.

(16) On or about August 12, 2009, Mother filed a petition for emergency relief and custody, requesting a cessation of the requirement that her visits be supervised, stating that her funded supervised visitation with an agency, Signature Services, ended on August 1, 2009, and because Mother’s maternal grandmother was diagnosed with Stage 4 cancer, and Father was refusing to allow the minor children access to her without his presence. Father responded by filing a motion to dismiss Mother’s request for emergency relief.

(17) The petition was resolved through the parties reaching a stipulation, which was entered as an order of court on November 9,2009, setting forth that the parties [288]*288would share legal custody with Father to have primary physical custody and Mother to have partial physical custody, which would be unsupervised, every other weekend and every other Wednesday overnight into Thursday a.m. The order also provided a holiday schedule for Thanksgiving and Christmas 2009.

(18) At all pertinent times from the separation until October 2009, Father resided at 1101 Mount Laurel Avenue, Temple, Berks County, Pennsylvania 19560, with his wife, Samantha. The couple have a son, Brennan, bom October 5,2006. As stated, the minor children resided with Father since August 2, 2006.

(19) During the pendency of the petition for emergency relief, Father filed a petition for relocation, requesting that he be permitted to relocate to Forest Hills, Allegheny County, Pennsylvania, near Pittsburgh. Father alleged that the relocation was necessary because he was unable to find employment locally in his occupation as a welder, causing financial hardship, but was able to secure a job as a welder in the Forest Hills, Pennsylvania area.

(20) Father and his spouse have now relocated. Pending disposition of the custody action, the minor children have relocated to the home of the maternal grandmother and continue to attend school in the Muhlenberg School District.

(21) Mother currently resides with her paramour, James Kaas. Mr. Kaas has two children, Tristan, age 13, and Justin, age 10. Mr. Kaas has partial custody rights on alternate weekends. Also residing with the couple is Mr. Kaas’ 19-year-old niece, who has special needs. The [289]*289parties reside in a three-bedroom home, with the couple residing in one bedroom, the subject minor children in a second bedroom, Mr. Kaas’ children in the third bedroom, and Mr. Kaas’ niece in the recreational room area.

(22) Mother’s living accommodations appear sufficient for the care of the minor children.

(23) Father’s current residence is in a quiet neighborhood, with the school the minor children would attend approximately a mile away and with sufficient recreational opportunities. Father’s home appears to be sufficient for the care of the minor children.

(24) Mother currently resides in the Muhlenberg School District, and Father in the Woodland Hills School District.

(25) By agreement of the parties, this court ordered an independent psychological evaluation to be conducted by a licensed psychologist, Alison L. Hill Ph.D., of Berks Counseling Associates P.C. Dr. Hill conducted several interviews with the parties and the minor children and Mother’s husband, James Kaas, on July 22, 29, August 12, 19, September 14, October 21, and November 10, 2009.

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Bluebook (online)
10 Pa. D. & C.5th 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angstadt-v-ament-pactcomplberks-2010.