Chryst v. Chryst

27 Pa. D. & C.5th 7
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJune 7, 2012
DocketNo. 09-7246
StatusPublished

This text of 27 Pa. D. & C.5th 7 (Chryst v. Chryst) 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
Chryst v. Chryst, 27 Pa. D. & C.5th 7 (Pa. Super. Ct. 2012).

Opinion

LASH, J.,

David S. Sobotka, Esquire, attorney for plaintiff, Thomas E. Chryst. Mary C. Favinger, Esquire, attorney for defendant, Brenda Chryst.

The matters before this court are the petition of defendant, Brenda Chryst (hereinafter “mother”), to modify the child custody order entered on October 25, 2010, after trial held, and the counterclaim of plaintiff, Thomas E. Chryst (hereinafter “father”), also seeking to modify the aforesaid order. Trial was held on May 25, 2012. The court enters the following Findings of Fact:

I. FINDINGS OF FACT

[9]*91. Plaintiff, Thomas E. Chryst (hereinafter “father”), is an adult individual who resides at 5911 Shepherd Hills Avenue, Lower Macungie Township, Lehigh County, Pennsylvania.

2. Defendant, Brenda Chryst (hereinafter “mother”), is an adult individual who resides at 202 Cinder Street, Birdsboro, Berks County, Pennsylvania, 19508 since July 2010.

3. The parties are the natural parents of a minor child, F.M.A.C., bom May 14, 2008, (hereinafter “minor child”).

4. Father resides in the East Penn School District and mother resides in the Daniel Boone School District.

5. The parties were married on November 5, 2005, separated in December 2006, and were divorced on June 6, 2008.

6. Since her birth, the minor child has resided primarily with mother.

7. This court action was initially commenced by father, resulting in a trial before this court on October 1 and October 8, 2010. The court entered a decision and order on October 25, 2010, which is incorporated herein by reference and made a part hereof, setting forth, among other things, that the parties would share legal custody, that mother would have primary physical custody, and that father would have custody the first three (3) weekends of each month from Thursday at 3:00 p.m. until Sunday at 12:00 noon, and at such times as the parties may agree. The order also provided that the parties would engage in co-parenting counseling, and that father would not permit [10]*10his friend, Barbara Whitacre, to be present when father had custody of the minor child or otherwise have any access to the minor child.

8. Father is retired. Formerly, he was employed at Air products & Chemicals, Inc., as a senior tax manager.

9. Mother is employed through the Commonwealth of Pennsylvania as a secretary to the Honorable James Stapleton, W.C.J. Her official work hours are Monday through Friday from approximately 8:30 a.m. until 4:30 p.m. She is currently working part-time, having obtained leave through the Family Medical Leave Act due to her suffering with insomnia and depression. She works generally on Mondays through Fridays from 10:30 a.m. to 4:30 p.m.

10. Mother has been diagnosed with major depressive disorder. She has been in therapy with David Knotts, M.A., Dmin., a licensed psychologist, since March 1, 2007. Additionally, she had been treating with Kathleen M. Hummel, M.S., C.A.C., since December 2, 2008. She takes Wellbutrin to address her mood and anxiety issues.

11. The minor child attends daycare at Kindercare in Wyomissing, Berks county, Pennsylvania. Her attendance has been sporadic, primarily due to mother’s increased availability to care for the minor child while she is on Family Medical Leave.

12. Father currently resides alone in a ranch home in a suburban area, with his property abutting a golf course. The house is suitable for the care of the minor child.

13. Father was married previously to Colleen Mullins Chryst. They were separated in November 2003, becoming [11]*11divorced in September 2005. Father has two (2) adult children from this marriage, Abby Chryst, bom October 13, 1983, and Allyson Chryst, bom August 29, 1985.

14. Father and his former wife, Colleen Mullins Chryst, maintain a good relationship, even to the extent that his former wife provides father with home cooked meals approximately once a week.

15. Mother resides with the minor child, as well as her adult daughter from another relationship, Preness M. Graham, bom September 7, 1989.

16. The parties reside approximately 50 minutes apart.

17. For purposes of the first trial, this court appointed Ivan L. Torres, Ed.D., of Alpha Counseling and Mediation Center, Inc., to perform an independent psychological evaluation. He provided a written report dated March 30, 2010. For the within trial, Dr. Torres performed a “custody re-evaluation,” providing a written report and testimony at trial. For the re-evaluation, he interviewed the parties, the minor child, mother’s other child, Preness, father’s adult child, Allyson Chryst, father’s ex-wife, Colleen Mullins Chryst, and father’s friend, Barbara Whitacre.

18. This court was not provided with independent evidence regarding the suitability of mother’s household, for she refused to allow Dr. Torres to view her premises.

II. DISCUSSION

Both parties seek primary physical custody. In making disposition, this court considered the testimony of the parties, father’s ex-wife, Colleen Mullins Chryst, father’s [12]*12adult daughter, Allyson Chryst, mother’s adult daughter, Preness M. Graham, the testimony and evaluation of Dr. Torres, and the exhibits filed by the parties.

This trial was somewhat unique, being held less than two (2) years from the time of the first trial when the parties had a full opportunity to present their respective positions. Accordingly, a substantial portion of the facts and circumstances are the same as they were at the first trial. To their credit, counsel for the parties did not simply rehash what was gone over beforehand.

There have been some changes. Father is now retired, available full-time to care for the minor child. He states that he has, for some time, been seeking a “second career,” but did not know what that career would be. He has come to realize that his “second career” is that of a father to the minor child. He seeks to do this on a full-time basis.

Another change concerns mother’s incapacity. Since the time of the first trial, she has sought leave under the Family Medical Leave Act, to enable her to work when she is able. She suffers from depression and insomnia. Currently, she starts work at about 10:30 a.m. On the issue of custody, mother urges that this enables her to spend time with the minor child during the morning hours. Father, on the other hand, points out that mother’s hours at work have continued to decrease, and wonders whether mother is capable of performing all the necessary duties of a parent. Father also is concerned with the minor child’s inconsistent schedule, for mother takes her to daycare on an as-needed basis, sometimes only one (1) day a week. As such, the minor child does not receive the educational instruction provided by the daycare in the [13]*13morning sessions.

Another change which concerns father is the fact that mother’s other daughter, Preness, is enrolled to commence college in September at the Pittsburgh institute of Mortuary Science. Preness testified that she would be relocating to Pittsburgh. Mother, however, intimated that some of the courses would be taken online, enabling Preness to remain home.

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Cite This Page — Counsel Stack

Bluebook (online)
27 Pa. D. & C.5th 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chryst-v-chryst-pactcomplberks-2012.