Douglas v. Wright

801 A.2d 586, 2002 Pa. Super. 181, 2002 Pa. Super. LEXIS 1168
CourtSuperior Court of Pennsylvania
DecidedJune 11, 2002
StatusPublished
Cited by14 cases

This text of 801 A.2d 586 (Douglas v. Wright) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas v. Wright, 801 A.2d 586, 2002 Pa. Super. 181, 2002 Pa. Super. LEXIS 1168 (Pa. Ct. App. 2002).

Opinion

HESTER, J.

¶ 1 Dale Wright (“Father”) appeals the December 12, 2001 order granting partial custody of his three children to thdir maternal grandparents, R. Duane Douglas and Carol Douglas (together “Maternal Grandparents,” and each “Maternal Grandfather” or “Maternal Grandmother”). We affirm.

¶ 2 A factual and procedural history follows. On February 13, 2001, Kathleen S. Douglas (“Mother”), ex-wife of Father and mother to their- three children, Robert Duane- Wright (age 17), Daniel Douglas Wright (age 13), and Christopher Brian Wright (age 9), was killed in an automobile accident. Mother and Father were divorced at the time of Mother’s death. Pri- or to Mother’s death, Mother had primary physical custody of the three children, who spent considerable time with Maternal Grandparents, who lived nearby. Since Mother’s death, Father has had custody of the children. However, ■ Father has not allowed visits or telephone contact between Maternal Grandparents and the children since May 24, 2001, due to discord between Father and Maternal Grandparents.

¶ 3 Maternal Grandparents filed a petition for partial custody, and, on August 7, 2001, the court entered a proposed order granting them partial custody for every third weekend of each month and for four hours on each Sunday that they did not have weekend custody. On August 20, 2001, Maternal Grandparents filed exceptions to the proposed order. On August 27, 2001, the court entered an order staying the proposed order of August 7, 2001, pending a custody trial. Such trial was held on November 28, 2001. On December 12, 2001, the court issued its order and memorandum opinion including specific findings of fact. The order in its entirety is as follows:

I. CUSTODY:
A. Physical custody of the minor children, Robert Duane Wright, Daniel Douglas Wright and Christopher Brian Wright is awarded to the father, Dale Wright, with partial custody rights vested in the maternal grandparents, R. Duane Douglas and Carol L. Douglas according to the following schedule and conditions.
B. Legal custody of the above mentioned minors is awarded to the father, Dale Wright. Legal custody means the right to make major decisions regarding the best interest of the minor children, including medical, educational and religious decisions.
II. PARTIAL CUSTODY:
A. Weekend and or Weekend Days:
1. The maternal grandparents are granted partial custody rights with the minor children every other weekend during the minor children’s school year from 5:00 p.m. prevailing time on Friday to 2:00 p.m. prevailing time on Sunday. Transportation of the minors to and from the custodial residence shall be the responsibility of the father.
2. On the Sundays during which the maternal grandparents do not have weekend partial custody rights, they are granted partial custody rights from 4:30 p.m. to 8:30 p.m. prevailing time.
3. The partial custody rights set forth in paragraph 1 above shall commence the first weekend following the date of this order.
[B]. Holidays:
1. The maternal grandparents are granted partial custody rights with the minor children on the following holidays from 8:00 a.m. prevailing time to 8:00 p.m. prevailing time.
*589 a. On New Year’s Day, Memorial Day and Thanksgiving Day, beginning in 2002 and all even-numbered years thereafter; and
b. On Easter Sunday, the Fourth of July and Labor Day, beginning in 2003 and all odd-numbered years thereafter; and,
c. The father shall have partial custody rights with the minor children on the exact opposite basis.
2. The parties shall share the Christmas Holiday according to the following schedule and conditions: In 2001 and all odd-numbered years thereafter, the maternal grandparents shall have partial custody rights with the minor children from 10:00 a.m. prevailing time on December 24th to 1:00 p.m. prevailing time on December 25th. Beginning in 2002 and all even-numbered years thereafter, the maternal grandparents are granted partial custody rights with the minor children from 1:00 p.m. prevailing time on December 25th to 4:00 p.m. prevailing time on December 26th. The father shall have partial custody rights with the minor children on the exact opposite basis.
3. The maternal grandparents are granted partial custody rights with the minor children on Mother’s Day Weekend each year from 10:00 a.m. prevailing time on Sunday to 8:00 p.m. prevailing ■ time on Sunday.
4. The father is granted partial custody rights with the minor children on Father’s Day weekend each year from 10:00 a.m. prevailing time on Sunday to 8:00 p.m. prevailing time on Sunday.
5. Transportation of the minor children to and from custodial residence during these holiday partial custody rights shall be the responsibility of father.
ALL HOLIDAY PARTIAL CUSTODY VISITATION RIGHTS SHALL SUPERSEDE ANY OTHER PARTIAL CUSTODY RIGHTS HEREIN GRANTED.
C. Summer and/or School Vacation:
1. Beginning in 2002 and every year thereafter, the maternal grandparents are granted partial custody rights with the minor children during the minor children’s summer recess from school during the first two (2) weeks of the months of June, July and August.
2. The father is granted partial custody rights with the minor children during the minor children’s summer recess from school during the balance of the months of June, July and August.
3. CONFLICTS IN VACATION SCHEDULING MUST BE RESOLVED BY THE ADULT PARTIES OF THIS CASE IN THE BEST INTEREST OF THE MINOR CHILDREN.
D. Children’s birthdays:
1. The maternal grandparents are granted partial custody rights with all three minor children on the birthday of each child from 6:00 p.m. to 8:30 p.m.
E. Employment:
1. In the event that the minor, Robert Duane Wright, is offered employment by the maternal grandparents to work on their farm, and he accepts such offer, he shall be compensated in a fair and reasonable amount, and, shall be entitled to pursue such employment for no more than two (2) hours each evening after school, and, no more than eight (8) hours per day, five (5) days per week during summer recess from school.
III. SPECIAL INSTRUCTIONS AND CONDITIONS:
A. Both parties shall conduct themselves in such a manner so as to not *590 violate the Bill of Rights of either of the minor children.
B. The attached Appendix to Order is made a part hereof by reference thereto, and must

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Bluebook (online)
801 A.2d 586, 2002 Pa. Super. 181, 2002 Pa. Super. LEXIS 1168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-v-wright-pasuperct-2002.