Castillo v. Lopez

40 Pa. D. & C.5th 129
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedJuly 9, 2014
DocketNo. 8586 CV 2012; 1023 DR 2012
StatusPublished

This text of 40 Pa. D. & C.5th 129 (Castillo v. Lopez) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castillo v. Lopez, 40 Pa. D. & C.5th 129 (Pa. Super. Ct. 2014).

Opinion

HIGGINS, /.,

— This matter is before the court on defendant Jhantteil Lopez’ (“mother”) request to relocate with the parties’ minor child, Sophia Castillo, (“Sophia”) bom on October 3, 2010. On October 10, 2012, plaintiff, David Castillo (“father”) filed a complaint in custody seeking an order for primary physical custody [131]*131of Sophia. After a custody conciliation conference held and on November 9, 2012, this court entered an order providing the parties with shared legal and physical custody, with mother enjoying primary physical custody and father enjoying weekdays from 4:30 p.m. until 9:00 p.m. and every Sunday at a time to be agreed upon by the parties. On October 28, 2013, mother filed a petition for modification to permit Sophia to be returned during the weekdays at an earlier time due to a disruption in her schedule. After another custody conciliation conference held, an order was entered on November 18, 2013, providing the parties with shared legal and physical custody, with mother enjoying primary physical custody and father enjoying weekdays from 4:30 p.m. until 8:00 p.m. and alternate weekends beginning at 5:00 p.m. and ending on Sunday at 5:00 p.m. mother now seeks to relocate with Sophia to the Scranton/Wilkes-Barre area in northeast Pennsylvania. We held an evidentiary hearing in this matter on June 26, 2014, and we are now prepared to rule on mother’s request to relocate.

The Pennsylvania legislature has defined elements, which are to be considered in custody cases. The statute, in relevant part, is as follows:

(a) Factors. — In ordering any form of custody, the court shall those factors which affect the safety of the child, including the following: determine the best interest of the child by considering all relevant factors, giving weighted consideration to
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
[132]*132(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child. (3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from [133]*133abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.

23 Pa.C.S.A. §5328(a).

As the Pennsylvania courts have interpreted, the statute requires that in any custody case, our paramount concern must be for the best interest of the child after considering all factors set forth above. M.O. v. J T.R., 85 A.3d 1058 (Pa. Super. 2014). As the best interest of the child is a vague concept, we will consider all relevant factors affecting the child’s well-being. L.A.L. v. V.D., 72 A.3d. 690 (Pa. Super. 2013)(citations omitted). Since we must conduct a case-by-case analysis, we will make its determination based solely on the particular facts and circumstances of each case. S.J.S. v. M.J.S., 76 A.3d 541 (Pa. Super. 2013).

Since mother filed a relocation notice, we must consider additional factors when “determining whether to grant a proposed relocation.” 23 Pa. C.S.A. §5337(h) which are as follows:

(1) The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child’s life.
(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s [134]*134physical, educational and emotional development, taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
(4) The child’s preference, taking into consideration the age and maturity of the child.
(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking or opposing the relocation.
(9) The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child or an abused party.
(10) Any other factor affecting the best interest of the child.

The burden of proof lies with the party proposing the relocation to establish that the relocation will serve the [135]*135best interest of the child as shown under the factors set forth above. 23 Pa. C.S.A. §5337(i). Moreover, “each party has the burden of establishing the integrity of that party’s motives in either seeking the relocation or seeking to prevent the relocation.” S.J.S., supra, 16 A.3d at 551 (citation omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

S.J.S. v. M.J.S.
76 A.3d 541 (Superior Court of Pennsylvania, 2013)
M.O. v. J.T.R.
85 A.3d 1058 (Superior Court of Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
40 Pa. D. & C.5th 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-lopez-pactcomplmonroe-2014.