Berta v. Michener

72 Pa. D. & C.4th 487, 2005 Pa. Dist. & Cnty. Dec. LEXIS 181
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 26, 2005
Docketno. 04-10259
StatusPublished

This text of 72 Pa. D. & C.4th 487 (Berta v. Michener) 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
Berta v. Michener, 72 Pa. D. & C.4th 487, 2005 Pa. Dist. & Cnty. Dec. LEXIS 181 (Pa. Super. Ct. 2005).

Opinion

GRIM, P.J.,

— The matter before the court is plaintiffs’ complaint for partial custody. The following are the pertinent facts.

Plaintiff, Pamela Berta (Grandmother), is the maternal grandmother of the subject minor child, Andrew Jason Michener, bom May 31, 2000. Plaintiff, Dale Berta (Grandfather), is married to Grandmother and is the child’s stepgrandfather. Defendant, Jennifer Michener (Mother), is Grandmother’s oldest child and is the child’s mother. Defendant, Jason Michener (Father) is the child’s father and Mother’s ex-husband.

Mother and Father were not married prior to the child’s birth. When Mother was pregnant, Father decided to attend a technical school in Arizona. Mother accompanied him to Arizona where the child was bom. Father quit school and was unemployed. When the child was three weeks old Mother had to get a job to support the family. Mother became overwhelmed by the pressure of working, caring for a newborn infant, and Father’s lack of help. Mother was upset that Father did not even change the child’s diapers. They argued frequently. During one of their arguments, Father pushed Mother while she was holding the baby.

Mother asked Grandmother to pick up the child and her to return to Pennsylvania. Father threatened Mother that, if she left him, he would hunt her down and take the child. Nevertheless, Grandparents traveled to Arizona and brought Mother and the child back to Pennsylvania. Father eventually returned to Pennsylvania by himself.

The child was six weeks old when he and Mother went to live with Grandparents. They lived with Grandpar[489]*489ents until September 2003, when Mother got her own apartment. Grandparents provided care for the child whenever Mother needed it during the period when Mother and Andrew lived with them. In October 2003, Father moved into Mother’s apartment. He continues to reside there.

After Mother moved out, she initially stayed in contact with Grandparents, and Grandparents continued to provide childcare for Andrew. Without notice to Grandparents, Parents stopped allowing Grandparents contact with the child in June 2004, after the child had stayed with them for a weekend. Grandmother had not perceived any problems in her relationship with Mother.

Grandparents clearly love and adore the child. Mother also testified that the child loves his grandparents and misses them.

Prior to June 2004, the child was having behavioral problems at his daycare. He had outbursts of temper and even threw a chair on one occasion. Grandmother encouraged Mother to make an appointment with the child’s pediatrician. Mother delayed in doing so. Grandmother offered to take the child herself but Mother declined her offer. Mother eventually took the child to his pediatrician in March or April 2004. The pediatrician recommended that the child be given more structure. He suggested that the child be placed on a schedule and that certain foods be limited. He also recommended that a strict adherence be paid to the child’s nap and bedtimes. The child adjusts better to a structured play rather than free time.

Mother communicated with Grandmother regarding the recommendations but did not give many details to [490]*490her. Mother stressed to her that naps and bedtimes had to be enforced.

On the last weekend that Grandparents saw the child, Mother told them that the child must be in bed by 8 p.m. and take an afternoon nap. Grandmother read a story to the child and put him in bed at 8 p.m. The child was excited about visiting Grandparents and would not go to sleep. Grandmother tried several things to get him to go to sleep, including sleeping with him. The child finally fell asleep at 10 p.m.

Grandmother testified that she loves Andrew dearly and would never hurt him. She wants to have a relationship with him. Mother did not give Grandmother any reason for not allowing her to see Andrew.

Grandmother describes her relationship with Father as one of tolerance. She is civil to him and does not believe that she denigrated him in the child’s presence. Grandmother does not care for the way Father treated Mother in the past and she has told Mother she does not like him.

Mother and Father married in 2001 so Father could live in a house in Allentown that belonged to one of Mother’s relatives. They never lived together during their marriage. Grandmother helped to pay for Mother’s divorce in 2002.

Grandfather testified that Andrew has always been glad to see him. The child refers to him as “Pop-Pop.” Grandfather dearly loves the child. Grandfather does not care for Father due to the way he had treated Mother.

Mother testified that when she and Father had been living in Arizona their relationship had deteriorated. [491]*491They had no money or friends. Mother had called Grandmother to rescue the child and her because she had been their only option. At that time Mother had been working as a waitress in a bar to support the whole family.

Mother believes that Grandmother is very controlling and wants to control her life. In the past Mother allowed Grandmother to be in control because she dislikes confrontations. She believes that her relationship with Grandmother was not a close relationship because she had always been fearful of the consequences in not agreeing with Grandmother.

In the beginning, when Mother and the child were living with Grandmother, Grandmother had asked for permission to do things with Andrew. However, the longer Mother had lived with her, the less Grandmother had requested permission and had just taken control.

Andrew had temper tantrums when Mother lived with Grandmother. Mother believes that Grandmother aggravated the child’s tantrums by condoning them; Grandmother allowed the child to do or get whatever he wanted.

Mother had trouble paying for the child’s daycare. To help out with the costs, Grandmother watched the child twice per week and during the weekend. During one week when Grandmother did not have contact with the child, Andrew behaved well at the daycare center. Mother believes that this was due to less interruption in the child’s routine.

Mother invited Father’s family and Grandparents to her residence for the child’s birthday in May 2004. Grandmother refused to come because she did not want to so[492]*492cialize with Father’s family. Grandmother threw her own party for Andrew.

Mother is disturbed that Grandmother makes negative comments to her about Father. Grandmother has referred to Father as, inter alia, an idiot and a sperm donor.

Mother believes that her relationship with Father is better than it has ever been. Grandmother’s opinions about Father and the custody proceeding have caused a lot of stress between Mother and Father. Most of their arguments are about the custody proceeding. Mother thinks that their relationship would likely become contentious if Andrew sees Grandmother in the future.

Mother and Father do not have much extra money. The custody proceeding exhausts their funds. Father has been unemployed since November 2004. Mother has a full-time job and a part-time job on weekends as a waitress.

Father criticizes Mother about her relationship with Grandmother. Fie believes that she has learned negative behavior from Grandmother and has low self-esteem and confidence.

Mother does not want Andrew to be under Grandmother’s control.

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Bluebook (online)
72 Pa. D. & C.4th 487, 2005 Pa. Dist. & Cnty. Dec. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berta-v-michener-pactcomplberks-2005.