Hogrelius v. Martin

950 A.2d 345, 2008 Pa. Super. 111, 2008 Pa. Super. LEXIS 1096
CourtSuperior Court of Pennsylvania
DecidedMay 29, 2008
StatusPublished
Cited by14 cases

This text of 950 A.2d 345 (Hogrelius v. Martin) 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
Hogrelius v. Martin, 950 A.2d 345, 2008 Pa. Super. 111, 2008 Pa. Super. LEXIS 1096 (Pa. Ct. App. 2008).

Opinion

OPINION BY

BOWES, J.:

¶ 1 Kevin Hogrelius (“Father”) appeals from the order entered on August 17, 2007, permitting Hilary Martin (“Mother”) to relocate with the parties’ daughter, Ali-sia Marie Hogrelius, from Chester County to McLean, Virginia. We affirm.

¶ 2 The trial court summarized the relevant facts as follows:

Mother and Father met in high school, and began dating in the year 2000. In January of 2002 Mother became pregnant, and on October 21, 2002, Alisia Marie Hogrelius was born. Once Alisia was born, Mother and Father began living together at Ms. Martin’s mother’s house in Phoenixville, Pennsylvania.
The couple continued living together for approximately two years, during which time both Mother and Father attended school and worked. While living together the couple discussed marriage and attended Pre-Cana classes with their priest. In November of 2002, Father told Mother that he did not want to get married, at which time Mother asked him to move out. The couple continued to date until January of 2005.
Following the breakup, Mother continued to go to school until December 2006. In August 2005, Mother began to work as a food runner and waitress at Flanagan’s Boat House in Malvern, Pennsylvania. She then started a second job as a dental assistant to better support herself and Alisia. Mother also cares for her own ill mother (“Grandmother”), whom she and Alisia live with. Eventually, the stress of working two jobs, school, and helping to care and support both Aisia and her ill mother, forced Ms. Martin to drop out of school in December of 2006. She eventually quit her job at the Boathouse because of a decrease in wages and currently continues to work as a dental assistant. According to Mother’s 2006 income tax return, Mother made $24,344.00 working two jobs. Mother has little opportunity for advancement in her current position as a dental assistant. Mother pays $74.00 a week for daycare, $130.00 a month for telephone and internet, $570.00 a month for student loans, $100.00 to $150.00 a week for groceries, and for half of the utilities.
After Mother and Father separated, Father continued to go to school and work part-time. Father contributes $80.00 a month to help support Aisia in accordance with a Child Support Order entered August 9, 2005. He is currently working as an intern at Cephalon as a clinical data coordinator. He is paid $12.00 an hour and works a forty hour week. That averages out to approximately $25,000.00 gross annual income. According to Mother, Father is current [347]*347on his obligation. He testified that the only time he has ever given Mother extra money towards Alisia’s support was one time, when he contributed $75.00 to Alisia’s day care. She has been in daycare for approximately two years.
Father has been attending school since 1997. Seven years later, in 2004, he received his Associate’s degree from Delaware County Community College. He currently attends Eastern University, and is majoring in biology, with a minor in information technology. He is currently 6 credits short of finishing his degree there, which he estimates he will do in the spring of 2008.
After moving out, Father continued to see his daughter on a weekly basis. In May of 2005, Father filed for joint legal and shared physical custody of the child, because Mother did not allow him to bring Alisia to a family event. Father explained that this was the only time she withheld Alisia from him. An Order was entered on May 11, 2005, as a result of a mutual custody agreement by Mother and Father, granting joint legal and shared physical custody. Mother has primary custody. The agreement outlines a schedule by which Father spends time with Alisia Monday, Wednesday, and Fridays from 3:00 pm until 8:30 pm, and also, every other weekend. Mother has Alisia all other times. It appears that Mother and Father have been flexible to accommodate their individual schedules, and have made changes as needed without need to involve the court. The Custody Order also provided a schedule for holidays.
Father appears to have a healthy relationship with his daughter. He plays games with her, and picks her up from day care on Mondays, Wednesdays, and Fridays. Father testified that he opposes the move because he does not think it is in her best interest to move away from him and his family.

Trial Court Opinion, 10/24/07, at 3-5 (footnotes omitted).

¶ 3 On June 18, 2007, Mother filed a petition for special relief seeking to relocate to McLean, Virginia, to reside with her then fiancé, now husband, Susuma “Gene” Itoh, and his five-year-old son from a previous marriage. Mr. Itoh is a resident of Virginia, and he is employed with MedSource Consultants (“MedSource”) in Chantilly, Virginia. Mother first met Mr. Itoh in October 2005 through an Internet dating service for single parents. The couple dated for approximately one year, saw each other on weekends, and on January 4, 2007, announced their engagement to be married. Mother married Mr. Itoh on July 7, 2007, and the first child of the marriage presumably was born in December 2007. Upon relocation to Virginia, Mother intended to remain at home with the children and her own ailing mother (“Grandmother”)1 while Mr. Itoh continues his employment with MedSource.

¶ 4 Following Father’s response to Mother’s petition for relocation on July 9, 2007, the trial court held evidentiary hearings on August 15 and 16, 2007, and on August 17, 2007, the trial court granted Mother permission to relocate. This timely appeal followed on September 14, 2007. Pursuant to the court’s direction, Father filed a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b) on September 24, 2007.

¶ 5 Father presents the following issues for our review:

1. Whether the [tjrial [cjourt erred in determining Mother’s proposed reloca[348]*348tion would substantially improve her life and the life of the parties’ child where the only benefit is that Mother will reside with the man she married just one month ago?
2. Whether the [tjrial [cjourt erred in determining Mother’s proposed custody arrangement that reduces Father’s custodial time by approximately fifty percent (50%) and separates him from his child by 149 miles and/or a &h hour one way commute is a realistic substitute schedule?

Father’s brief at 4.

¶ 6 Initially, we note our scope and standard of review:

[OJur scope is of the broadest type and our standard is abuse of discretion. This Court must accept findings of the trial court that are supported by competent evidence of record, as our role does not include making independent factual determinations. In addition, with regard to issues of credibility and weight of the evidence, this Court must defer to the trial judge who presided over the proceedings and thus viewed the witnesses first hand. However, we are not bound by the trial court’s deductions or inferences from its factual findings. Ultimately, the test is whether the trial court’s conclusions are unreasonable as shown by the evidence of record.

Johns v. Cioci, 865 A.2d 931, 936 (Pa.Super.2004) (citations and quotation omitted).

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Bluebook (online)
950 A.2d 345, 2008 Pa. Super. 111, 2008 Pa. Super. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogrelius-v-martin-pasuperct-2008.