F.R.C. v. K.M.C.

39 Pa. D. & C.3d 472, 1982 Pa. Dist. & Cnty. Dec. LEXIS 12
CourtPennsylvania Court of Common Pleas, Chester County
DecidedFebruary 17, 1982
Docketno. 521
StatusPublished

This text of 39 Pa. D. & C.3d 472 (F.R.C. v. K.M.C.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
F.R.C. v. K.M.C., 39 Pa. D. & C.3d 472, 1982 Pa. Dist. & Cnty. Dec. LEXIS 12 (Pa. Super. Ct. 1982).

Opinion

WOOD, J.,

In this custody case, we are called upon to decide what future living arrangements would best serve the interests and welfare of M.C., currently age eight, and L.C., currently age six, whose parents have divorced and are each remarried. L.C. and M.C. are presently living with their mother, K.M.C., in a three-bedroom apartment in a complex , near Downingtown, Pa. Present with them are mother’s new husband, A.T., and a new baby brother, J.T., who was recently born to A.T. and K.M.C. The apartment complex itself appears to offer a minimally adequate environment, and is located fairly near to the bus stop where L.C. and M.C. are picked up to be taken to St. Joseph’s Catholic School.

L.C. and M.C.’s father F.R.C. lives with his new wife, P.C., and P.C.’s daughter by a previous marriage, D., in a single family detached dwelling at 19 Marshall Circle, Downingtown, Pa. Their home is located in a neighborhood of single-family homes, and there appear to be more children available to L.C. and M.C. in their father’s neighborhood than there are in their mother’s apartment complex. Since both parents live in the Downingtown area, a change in living arrangement would not necessitate a change in school. ,

M.C. is a personable pleasant youngster, currently in his regular grade at St. Joseph’s School, who appears to have some learning disabilities, and is [474]*474barely working up to his grade level capabilities.1 He appears to enjoy sports and both parents have involved themselves in various organized sporting activities in his behalf.

L.C. is a bright, pretty little girl, apparently with no learning drawbacks.

Both children expressed a mild preference to the psychologist for living with their father, but expressed no preference at all to the court. They appear equally attached to both parents.

K.M.C. appears to be a concerned mother. She has taken more interest in the children’s schooling and proper placement in school than has F.R.C., although perhaps it is natural to expect the parent “in custody” to take the lead in that sort of thing: Although there is some evidence to indicate that her methods of disciplining and reprimanding the children are inappropriate (she sometimes yells or slaps), the children view her as a loving parent and not as a harridan. In comparison with F.R.C., her personal lifestyle appears to be looser or more laissez-faire, although she appears to have a consistent and well thought out philosophy of child raising. Her new husband, A.T., apparently shares her laissez-faire outlook, but appears to get along well with the children.

F.R.C., one would imagine, comes from a strict Catholic family background, because his view point of acceptable upbringing and conduct appears to be more rigid than K.M.C.’s although perhaps not unduly so. He pressed to have the children placed in a Catholic school because of the discipline they would [475]*475receive, without particular reference to the specialized needs of M.C. His new wife P.C. and stepdaughter D. seem affectionate enough towards the children, and certainly M.C. and L.C. would suffer no environmental disadvantages were they to be transferred to F.R.C.’s primary custody.

The psychologist, Dr. Male, appeared to be about as perplexed as the court on the question of what to suggest here. It appeared to the court that he felt comfortable with seeing the children living with either family and hence suggested that they spend as much time with each as possible. All the testing done of the children and their own expressed statements, indicate that they do not draw any sharp divisions between either parent as far as their feelings of love and attachment are concerned.

The case of Jon M.W. v. Brenda K., Pa. Super., 420 A.2d 738 (1980), tells us that before we disturb a situation which is apparently working, we must be persuaded that there is a need to do so. In this case, as we have already told counsel, we think that the present custody situation is working well and we see no compelling reason to make a drastic change in it. On the other hand, if we were to view the situation anew, that is, if the children had not been living with either parent, then we might be inclined to prefer that they spend more, time in father’s home than in mother’s. However, in the situation that exists, mother has been primarily responsible to date for raising the children and . she is doing a better than adequate job and so, as an overall view point, we see no reason for changing the basic situation.2

[476]*476We do, however, wish to go along with the psychologist to this extent: we think that more visitation with father should be encouraged. During the testimony, father mentioned that he had his weekends off and available for the children, so we think that the general pattern should be that the children would spend their weekends with their father, and their weekdays with mother, who is currently not employed outside the house.3 However, we are mindful that a steady pattern of weekdays here, weekends there, gives both the children and the parents a distorted view of their relationship and of one another, and so we think it appropriate to mix in some weekdays with father and weekends with mother. Although there is nothing in the evidence addressed to this point, we are also of the belief that occasionally a child might like to have his or her parents to him or herself, and for that reason we [477]*477make provisions for special nights wherein one child goes to one parents’ home and the other child to the other parents’ home.

We should also make clear that what we are talking about here are living arrangements: in no way do we mean to imply that one parent has ownership or control of the children to the exclusion of the other, or that one parent is even the primary custodian. We specifically direct that both parents share the custody óf these children, and by that we mean that they should consult with one another on the major decisions affecting the children’s welfare. Of course, when a child is at a given parent’s house, the rules of etiquette, discipline and day-to-day scheduling prevailing in that household will apply. But in matters of schooling, religious training, medical care and things of that sort, we direct that the parents consult with one another before making decisions in those areas which affect the children.

As we remarked at the close of the testimony, a lot of the problems apparent in this case could be resolved' if the parents would lay aside their differences, at least as far as the children are concerned. If they would both agree to sublimate their personal feelings towards one another in the interest of their children, they would find that the chib dren would not feel caught in perpetual warfare between their parents and that a lot of the anxieties that warfare produces will largely disappear.

Accordingly, we enter the following

ORDER

And now, this February 17, 1982, we promulgate the following living schedule for M.C. and L.C.:

1. The children will continue to live primarily with their mother, but will spend three weekends a [478]*478month with their father. One weekend will run from after school on Friday until 6:00 p.m. Sunday evening. Another weekend will run from after school Friday until school time Tuesday morning.

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Related

Jon M. W. v. Brenda K.
420 A.2d 738 (Superior Court of Pennsylvania, 1980)

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Bluebook (online)
39 Pa. D. & C.3d 472, 1982 Pa. Dist. & Cnty. Dec. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frc-v-kmc-pactcomplcheste-1982.