Buck v. Buck

4 Pa. D. & C.5th 238
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 22, 2008
Docketno. 06-6090 ID no. 2
StatusPublished

This text of 4 Pa. D. & C.5th 238 (Buck v. Buck) 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
Buck v. Buck, 4 Pa. D. & C.5th 238 (Pa. Super. Ct. 2008).

Opinion

CAMPBELL, J,

— A custody trial was heard in the above-captioned matter on March 28,2008. At issue was the primary custody of Alexa Buck, age 7, born July 25, 2000. The court finds as follows:

I. FINDINGS OF FACT

(1) Plaintiff William K. Buck III (Father) and defendant Christine M. Buck (Mother) are the natural parents of one child, Alexa Buck, born July 25, 2000.

(2) The parties were married October 27, 1999. They were divorced in December 2007. This was the second marriage for both parties. Mother admitted to certain actions which contributed to the dissolution of the parties’ marriage.

(3) Father resides at 396 Sioux Court, Sinking Spring, Berks County, Pennsylvania. He owns a four bedroom house, which is the former marital residence.

(4) Mother resides at 142 Bainbridge Circle, Sinking Spring, Berks County, Pennsylvania. Mother rents this three bedroom house. Mother, Mother’s sister Michelle Sparacio, the child, and Mother’s other child from a previous marriage live at this address. Mother’s current boyfriend, Jerry Burkhead, has lived at this residence in the past, but did not live at the house at the time of the trial.

[240]*240(5)In June 2006, Father filed a divorce complaint with a custody count.

(6)In September 2006, the parties reached a custody stipulation whereby they would equally share legal and physical custody of the child. They have been equally sharing physical custody of the child ever since. Currently, they alternate weeks of custody, exchanging the child on Friday at 6 p.m.

(7)Father filed a petition to modify the custody order in December 2006. In September 2007, this court dismissed that petition for procedural reasons. Father immediately filed a new petition to modify, and that petition led to this custody trial.

(8) From the child’s birth until the child was 4 years of age, while the parties were married and living together, Mother was the child’s primaiy caregiver during the day.

(9) Father has a B.S. degree in computer science from Elizabethtown College.

(10) Father is employed by Metro Technology Services Inc. where he has worked for the last nine years. Father is a computer programmer/software developer. He earns $85,000 a year.

(10) Mother obtained a G.E.D. Additionally, she is a registered medical assistant, certified E.M.T., and C.P.R. instructor.

(11)Mother is employed by Y.T.I. Career Institute where she has worked since January 2008. She works as a medical assistant instructor. She is also a C.P.R. instrac[241]*241tor at a Lancaster hospital. Mother’s current annual income is approximately $35,000.

(12) The child at issue, Alexa, has a biological half-sister who lives primarily with Mother. Alexa also has a biological half-brother, Brandon, who used to live primarily with Mother, but currently only visits.

(13) Mother has a history of mental illness including multiple suicide attempts.

(14) The parties live in the same school district.

II. DISCUSSION

Entering trial, Father seeks custody of the child Alexa Buck, born July 25, 2000. This court considered the testimony of Dr. Peter Thomas — the custody evaluator, William K. Buck III — Father, Christine M. Buck— Mother, Michael Carroll-Lugo — Mother’s ex-husband, Brandon Lugo — Mother’s son, Brianna Carroll-Lugo— Mother’s daughter, Alexa Buck — parties’ child, Steven Buck — Father’s brother, and Amanda Sparacio — Mother’s sister. This court considered the custody questionnaire that each party submitted; both parties stipulated the entry of the questionnaires into the record. Lastly, this court considered the exhibits proposed and admitted into evidence.

According to statutory law, in custody a trial court “shall consider the preference of the child as well as any other factor which legitimately impacts the child’s physical, intellectual and emotional well-being.” 23 Pa.C.S. §5303(a)(l). A trial is also to consider which parent is more likely to encourage the child’s relationship with the [242]*242other parent, 23 Pa.C.S. §5303(a)(2), and any past violent or abusive behavior by either parent. Id. at (a)(3).

The Superior Court of Pennsylvania has held:

“It is settled law in Pennsylvania that a custody order is subject to modification without proof of substantial change in circumstances when it is shown that change is in the best interests of the child. Whenever a court is called upon to address the best interests of a child, traditional burdens or presumptions such as substantial change in circumstances, the fitness of one parent over another, or the tender years doctrine must all give way to the paramount concern; the best interests of the child. In determining best interests of the child, a court must consider all factors that legitimately affect the child’s physical, intellectual, moral and spiritual well-being.” Jordan v. Jackson, 876 A.2d 443, 452-53 (Pa. Super. 2005).

Mother has had a difficult life filled with abuse and depression and suicide attempts. This court has no wish to add to her sadness by analyzing her weaknesses as a parent. Unfortunately, the child’s best interests are this court’s responsibility, and Father’s request for primary custody is premised primarily on the weaknesses of Mother. Father presents as a solid, dependable parent. The only method by which to determine whether the child would benefit by being in Father’s custody more, and Mother’s less, is to contrast the strengths and weaknesses of the parents and how these traits affect the child.

A. Physical Well-Being/Physical Environment

The child is in good health. Mother’s medical knowledge and training make her a better candidate to treat [243]*243any medical issues that could hypothetically arise for the child. On the other hand, Father’s attentiveness to the child demonstrates that any physical difficulties would be noticed and acted on promptly. Thus, the child appears to be in equally good physical care with either parent.

Mother’s house appears to have been crowded on occasion; recently, Mother and her boyfriend, her two daughters, her son, and her sister were all living in the three bedroom house. Since then, Mother’s son has been sent to live with his father, and Mother’s boyfriend has moved out, at least temporarily.1 The child does appreciate living with her sister.

At Father’s house there is plenty of room as only he and the child reside there, but less family company for the child. The child does have more friends in Father’s neighborhood, the former marital residence.

Basically, the two houses appear to offer approximately equal physical environments. One caveat to this assessment is that there has been a great deal of conflict, some physical, at Mother’s household. Physical injuries have occurred as a result of some of these conflicts in the household. While this conflict places the child at emotional risk, it does increase the child’s chance of physical harm as well.

Additionally, Father appears more motivated and able than Mother to help the child regularly participate in extracurricular physical activities.

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Related

Rinehimer v. Rinehimer
485 A.2d 1166 (Supreme Court of Pennsylvania, 1984)
Pilon v. Pilon
492 A.2d 59 (Supreme Court of Pennsylvania, 1985)
Jordan v. Jackson
876 A.2d 443 (Superior Court of Pennsylvania, 2005)
Wiskoski v. Wiskoski
629 A.2d 996 (Superior Court of Pennsylvania, 1993)
Johns v. Cioci
865 A.2d 931 (Superior Court of Pennsylvania, 2004)
King v. King
889 A.2d 630 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
4 Pa. D. & C.5th 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buck-v-buck-pactcomplberks-2008.