Holum v. West

79 Pa. D. & C.4th 77
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedDecember 15, 2005
Docketno. 2003-FC-1163
StatusPublished

This text of 79 Pa. D. & C.4th 77 (Holum v. West) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holum v. West, 79 Pa. D. & C.4th 77 (Pa. Super. Ct. 2005).

Opinion

JOHNSON, J,

This matter is before the court on the plaintiffs petition for contempt and modification of custody order filed on November 15,2005 by the plaintiff, Dean G Holum (Father), with respect to custody of the parties’ minor child. Father seeks primary custody of the parties’ minor child, Alyssa K. Holum, bom March 25,2003 (the Child). Mother seeks to retain primary physical custody of the Child. The parties have been operating under the final custody order of May 10, 2005, entered after custody trial, in which primary physical custody was awarded to Mother and partial physical custody on alternating weekends was awarded to Father.

A custody trial was held on December 5, 2005. The following individuals testified: Mother; Father; Father’s parents, Ronald and Elaine Holum; Barbara Collarafici, paternal grandmother of Karysa Schlichting; Salina Schlichting, stepmother of Karysa Schlichting; Steven Brunner of the Baltimore, Maryland Children and Youth Services; and Tracy Chado, Mother’s sister. The court did not interview the Child due to the Child’s age of 2 years.

Based on the evidence presented, the court finds that the best interests of the Child require that she be placed in the primary custody of Father.

FINDINGS OF FACT

(1) The parties are the parents of Alyssa K. Holum, age 2 years (Child).

(2) The parties were never married and their relationship ended in June of 2003.

(3) Plaintiff, Dean G. Holum, (Father) is an adult individual and currently resides with his parents at 1842 Tim[79]*79ber Lane, Hellertown, Northampton County, Pennsylvania 18055.

(4) Defendant, Christine K. West, (Mother) is an adult individual and currently resides in Maryland.

(5) On May 10, 2005, after a full custody trial, the Honorable J. Brian Johnson entered a court order regarding custody of the Child.

(6) Pursuant to the court order, the parties were to have joint legal custody of the Child, and Mother was to have primary physical custody of the Child. Further, Father was to have partial physical custody of the Child every other weekend from Friday at 6 p.m. until Sunday at 6 p.m.

(7) Mother allows several different people to care for the Child.

(8) Mother has another child, Karysa Schlichting, by another father. Karysa Schlichting is 9 years old.

(9) On June 17, 2005, the Child, Alyssa Holum, was left alone with her 9-year-old half-sister, Karysa, at Mother’s apartment while Mother was at work. At approximately 12:30-1 p.m., Karysa Schlichting’s stepmother, Salina Schlichting, and paternal grandmother, Barbara Collarafici, went to Mother’s house and found the children alone. They also found trash all over the house, a sharp knife laying on the floor, empty beer bottles on the table, dirty dishes piled up around the sink and very little food in the house. The apartment was in disarray and was filthy and smelly. The Child and Karysa started to cry immediately when they saw Salina and Barbara. Barbara was there for 20 minutes and no adult showed up.

[80]*80(10) Mother was evicted from her apartment on October 3,2005, and now resides in another apartment at 4208 White Avenue, Overlea, Maryland, Apartment A.

(11) Mother still does not have a valid driver’s license although she has been driving a vehicle with the Child as a passenger and has made a number of trips from Maryland to Pennsylvania while driving a car without a license with children, including the Child, as passengers.

(12) Over the past few months, Mother has transported the Child in a motor vehicle without using a car seat.

(13) Over the past few months, Mother allowed her new boyfriend, who she only knew for five months, to transport the Child alone to Pennsylvania.

(14) Father has continued to maintain stable and steady employment and housing.

(15) It is in the best interests of the Child to reside primarily with Father, as Father is the more stable and responsible parent at this time and can provide for the Child’s needs.

(16) Mother is unable to adequately care for the Child. On at least two occasions, Mother failed to produce the Child to Father for Father’s weekend visitation, including November 4 and 5,2005. The parties shared custody of the Child on an alternating weekly basis up until this court’s order of May 10,2005 entered after custody trial. Since May 10,2005, the child has resided primarily with Mother, but has had regular periods of partial physical custody with Father.

(17) Mother’s quality of life in Maryland has deteriorated over the past nine months.

[81]*81(18) Karysa has been removed from Mother’s primary custody by the Maryland courts and, thus, Karysa no longer resides with Mother.

(19) Since Mother’s quality of life has deteriorated over the past nine months, the Child’s quality of life has deteriorated and she no longer is able to reside with her half-sister.

CONCLUSIONS OF LAW

1. Best Interests of the Child

The best interests of the child are the paramount consideration in a custody proceeding. Constant A. v. Paul C.A., 344 Pa. Super. 49, 496 A.2d 1 (1985).

The most important issues in a custody dispute are the child’s physical, intellectual, moral and spiritual well-being. Cardamone v. Elshojf, 442 Pa. Super. 263, 274, 659 A.2d 575, 580 (1995).

2. Stability

Stability is an important factor in establishing custody of the child. The stability of an individual, economic, emotional, psychological or otherwise, has great impact on the life of a minor child. The value of stability is a factor which should be accorded great weight. Snarski v. Krincek, 372 Pa. Super. 58, 77, 538 A.2d 1348, 1358 (1988). The court has viewed maintaining continuity and stability in custody arrangements as important elements in a young child’s emotional development. Commonwealth ex rel. Jordan v. Jordan, 302 Pa. Super. 421, 448 A.2d 1113 (1982).

[82]*82 3.Ability to Care for the Minor Child

In child custody proceedings there is no preference for keeping male children with the father and female children with the mother. Hugo v. Hugo, 288 Pa. Super. 1, 430 A.2d 1183 (1981); Brooks v. Brooks, 319 Pa. Super. 268, 466 A.2d 152 (1983). Further, the court must view the conditions as provided by the evidence and testimony at the time of the custody hearing when determining the proper custody of the minor child. Brooks v. Brooks, 319 Pa. Super. 268, 466 A.2d 152 (1983).

4.Best Interests and Permanent Welfare of the Minor Child

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Related

In Re Davis
465 A.2d 614 (Supreme Court of Pennsylvania, 1983)
Plowman v. Plowman
597 A.2d 701 (Superior Court of Pennsylvania, 1991)
Snarski v. Krincek
538 A.2d 1348 (Supreme Court of Pennsylvania, 1988)
McAlister v. McAlister
747 A.2d 390 (Superior Court of Pennsylvania, 2000)
Constant A. v. Paul C.A.
496 A.2d 1 (Supreme Court of Pennsylvania, 1985)
Commonwealth Ex Rel. Jordan v. Jordan
448 A.2d 1113 (Supreme Court of Pennsylvania, 1982)
Brooks v. Brooks
466 A.2d 152 (Supreme Court of Pennsylvania, 1983)
In Interest of Tremayne Quame Idress R.
429 A.2d 40 (Superior Court of Pennsylvania, 1981)
English v. English
469 A.2d 270 (Supreme Court of Pennsylvania, 1983)
Meyer-Liedtke v. Liedtke
762 A.2d 1111 (Superior Court of Pennsylvania, 2000)
Cardamone v. Elshoff
659 A.2d 575 (Superior Court of Pennsylvania, 1995)
Hugo v. Hugo
430 A.2d 1183 (Superior Court of Pennsylvania, 1981)
Jackson v. Beck
858 A.2d 1250 (Superior Court of Pennsylvania, 2004)

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Bluebook (online)
79 Pa. D. & C.4th 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holum-v-west-pactcompllehigh-2005.