Berryman v. Berryman

24 Pa. D. & C.5th 225
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMarch 31, 2011
DocketNo. 10-14880
StatusPublished

This text of 24 Pa. D. & C.5th 225 (Berryman v. Berryman) 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
Berryman v. Berryman, 24 Pa. D. & C.5th 225 (Pa. Super. Ct. 2011).

Opinion

LASH, J.,

This court held a child custody trial on March 24, 2011. The court enters the following findings of fact:

I. FINDINGS OF FACT

[226]*2261. Plaintiff, James Berryman (hereinafter “father”), is an adult individual who currently resides at 205 Mine Street, Mertztown, Berks County, Pennsylvania 19539.

2. Defendant, Belinda Berryman (hereinafter “mother”), is an adult individual who currently resides at 425 Hahns Dairy Road, Palmerton, Pennsylvania 18071.

3. The parties are the natural parents of two (2) minor children, Dylan J. Berryman, bom May 5, 1998, and Alyx L. Berryman, bom May 25, 2000, (hereinafter “minor children”).

4. The minor children were bom during the marriage of the parties.

5. The parties were married on July 20, 1996 and separated on July 1, 2010, when mother moved from the marital residence to her current address.

6. Mother currently resides with her paramour, Matthew Steinmetz, his daughter, Makayla Smale, and his grandmother, who owns the house.

7. Mr. Steinmetz is the putative father of another child, Marissa Steinmetz, 6 years old. Makayla and Marissa have separate mothers. Mr. Steinmetz has been denied visits of Marissa by the mother and is now contesting paternity.

8. Mother and Mr. Steinmetz are expecting a child together, due in approximately five (5) months.

9. Father resides with the minor children.

[227]*22710. Father currently resides in the Brandywine Heights School District. Mother currently resides in the Palmertown Area School District.

11. The parties reside approximately 45 minutes apart.

12. Father is self-employed as a truck driver, working Mondays throughFridays, from 9:00 a.m. to approximately 4:00 p.m. to 5:00 p.m.

13. The minor children are finished with school at approximately 2:50 p.m. since father has not returned from work by that time, the minor children are cared for by the paternal grandparents, usually at father’s home until he arrives. The grandparents return to father’s house the next morning to enable father to leave for work, sometimes as early as 3:00 a.m.

14. Mother is self-employed working from her home as a wholesale travel consultant and as a secretary in a small engine repair business, her hours being Monday through Friday from 9:00 a.m. to 2:00 p.m. Her work schedule is flexible and light as the businesses are of recent origin, permitting her to adjust her hours to accommodate the minor children’s schedules. Mother is also collecting unemployment benefits.

15. Father filed the above-captioned custody action in conjunction with his divorce complaint on or about August 5,2010.

16. On September 3, 2010, this court issued a [228]*228temporary order of court providing, among other things, that the parties would share legal custody, that father would have primary physical custody, with the minor children attending the Brandywine Middle School, and with mother to have partial custody three (3) weekends each month, from Fridays at 4:00 p.m. to Sundays at 6:30 p.m., provided that the Friday of mother’s weekends falls within the month.

17. Both households have sufficient accommodations to rear the minor children.

18. The minor children are both doing well in school. Additionally, the minor children engage in sports, with Dylan being an avid football player and Alyx enjoying volleyball and swimming.

II. DISCUSSION

Both parties seek primary custody. In making disposition, this court considered the testimony of the parties, mother’s paramour, Matthew Steinmetz, father’s aunt, Ann Herman, Alyx’s guidance counselor at school, Heather Kulp, the minor children’s psychological counselor, Louise Sander, friends of father, Howard and Kimberly Moyer, the in camera testimony of the minor children, and the documents submitted as exhibits.

Mother testified regarding her strong love and affection, as well as her commitment to the minor children. She set forth that when the parties resided together, she was the sole caretaker of the minor children, providing all the daily maintenance. With little exception, [229]*229it was always she who handled the medical and dental appointments, attended school meetings, and helped with homework. For the most part, father was unavailable due to his extensive work schedule as a truck driver. Father would leave early in the morning and return late at night, sometimes staying for as little as two (2) hours, then would be back on the road. He often slept in his tractor, and could be gone for days.

In her current situation, mother has a very flexible schedule, as does her paramour, both of whom can attend to the immediate needs of the minor children. They have ample room at the house. The minor children get along well with Mr. Steinmetz’s daughter, Makayla. There is also plenty to do at the house, as the couple like to engage in outdoor recreational activities, including boating, snowboarding, and four-wheeling.

Mother expressed concerns about father’s capacity to properly parent the minor children. For one, she believes he is still a part-time parent due to his work schedule. While father states that he has switched jobs and now is able to be home from work much earlier, around 4:00 p.m. to 5:00 p.m., mother questions whether this is actually the case. Mother believes that the paternal grandparents are required to perform many of the parental chores.

Mother has additional concerns about the paternal grandparents watching the minor children. She relates incidents where the paternal grandfather was inappropriate toward her, making unwanted sexual advances. She does [230]*230not trust the grandfather, and opposes the grandfather being alone with her daughter. She points out that the parties agreed in August of 2010 on the record that father would ensure that grandfather was never alone with the daughter, but that father has breached this promise.

Mother is also concerned about father’s demeanor. She accuses him of being short tempered, yelling at her in front of the minor children, and yelling at the minor children directly. The minor children and, in particular, the parties’ daughter, are particularly sensitive to this browbeating. Some of Alyx’s difficulties relate to school work, as she has more difficulty than her brother in acquiring good grades. According to mother, father is very hard on Alyx, causing her to be afraid to fail, and making her think that she has to have 100 percent scores on every test. This has caused her extreme anxiety, which is being addressed in counseling.

Mother also points out that father refuses to cooperate with her. She and Mr. Steinmetz testified that they have made an effort to try to work together with father, to meet and perhaps engage in recreational activities together, to help form a “blended” family, and to make it easier for the minor children, but father has refused.

Mother believes that the minor children want to reside with her. She states that Alyx has related to her that she wants to attend the Palmerton School District immediately so that she can start making new friends. Dylan, who wants to be a pro football player, would be able to continue [231]

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Cite This Page — Counsel Stack

Bluebook (online)
24 Pa. D. & C.5th 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berryman-v-berryman-pactcomplberks-2011.