J.A.S. v. L.A.S.

CourtSuperior Court of Pennsylvania
DecidedFebruary 17, 2016
Docket1347 MDA 2015
StatusUnpublished

This text of J.A.S. v. L.A.S. (J.A.S. v. L.A.S.) 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
J.A.S. v. L.A.S., (Pa. Ct. App. 2016).

Opinion

J-A34002-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

J.A.S., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

L.A.S.,

Appellant No. 1347 MDA 2015

Appeal from the Order entered July 7, 2015 in the Court of Common Pleas of Dauphin County Civil Division, at No(s): 2014-CV-5601-CU

BEFORE: PANELLA, J., OTT, J., and JENKINS, J.

MEMORANDUM BY PANELLA, J. FILED FEBRUARY 17, 2016

L.A.S. (“Mother”) appeals the order of the Court of Common Pleas

of Dauphin County, entered July 7, 2015, that denied her permission to

relocate with her two children to the Lehigh Valley, and granted J.A.S.

(“Father”) shared physical custody and shared legal custody of the parties’

minor children, E.S. (born in June 2008) and L.S. (born in February 2010)

(“Children”). We affirm.

Mother and Father married in 2008 and lived in Allentown,

Pennsylvania at the time. Shortly after L.S. was born, the parties relocated

to the Harrisburg area because Father accepted a full-time job with the

Pennsylvania Air National Guard in Middletown, Pennsylvania. Mother was

working part-time as a registered nurse at St. Luke’s Hospital in Bethlehem,

Pennsylvania. Mother continued to work at St. Luke’s Hospital while the J-A34002-15

family resided in the Harrisburg area. The Children continued to spend

significant time in the Lehigh Valley as Mother would often bring the Children

with her when she traveled to work. The Children were cared for by maternal

grandmother and paternal grandmother, both of whom reside in the Lehigh

area.

Mother and Father separated in May 2012 and Father moved from the

marital residence in July 2012. Mother and Father divorced in December

2012. Following the separation and divorce, Mother and the Children

continued to live in the marital residence in Palmyra, Pennsylvania, as per

the pre-nuptial agreement, and Father moved to suburban Harrisburg.

E.S. is currently seven years old and has completed first grade at East

Hanover Elementary School. L.S. is currently five years old and attends

preschool at Grantville Nursery School. Due to the Children’s young ages,

the trial court did not interview them.

On June 11 and 12, 2015, the trial court conducted a custody hearing

in which both parents testified. The following people testified: Arnold

Shienvold, Ph.D., a licensed psychologist with Reigler, Shienvold, and

Associates; K.E., Mother’s friend; P.P., Mother’s boyfriend; D.P., (“Maternal

Grandmother”); C.S., Father’s work supervisor; T.D., a vocational expert;

K.B., Mother’s neighbor; C.P., Father’s girlfriend; and D.S., (“Paternal

Grandmother”).

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Dr. Shienvold performed a custody evaluation of the parties dealing

with the major issue of whether Mother should be permitted to relocate to

the Lehigh Valley area. Dr. Shienvold assessed the family using a number of

factors that have been identified through research and literature on

relocation. Dr. Shienvold recommended that Mother not relocate and that

the Children remain in the Harrisburg area. He found that there is no

indication that the Children’s lives would be significantly improved if Mother

were permitted to relocate to the Lehigh Valley area. In addition, Dr.

Shienvold testified that, if relocation is granted, the distance between the

parties would cause Father’s level of involvement with the Children’s lives to

decrease. Dr. Shienvold opined that the best interest of the Children would

be served by having both parents remain in the Harrisburg area and

involved in the Children’s lives. When asked to make a recommendation for

a custodial arrangement in the event that Mother were permitted to relocate,

Dr. Shienvold opined that the Children should remain in Harrisburg with

Father.

Mother testified that she currently resides in Palmyra and works at St.

Luke’s Hospital in Bethlehem as an operating room nurse. Mother is required

to work nine twelve-hour shifts during a six-week period and testified that

she has the flexibility to set up her own schedule. Mother also testified that

she could pick up extra shifts during the week if they were available. Mother

began working at St. Luke’s Hospital in 2002 and has continued working

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there. Mother requested permission to relocate to the Lehigh Valley area

because of work, family, and her current relationship with P.P. Mother also

testified that jobs in the Harrisburg area are not comparable to her current

job because of her pay, her ability to make her own schedule, her retirement

account, and the availability of family to provide childcare.

Mother also noted that she wished to relocate to the Lehigh Valley

area because a majority of her family, and some of Father’s relatives, reside

there. Mother noted that she takes the Children to the Lehigh Valley during

her custodial weekends and, if she is working, Maternal Grandmother, P.P.

or her sister cares for them. Mother noted that, if she were permitted to

relocate, she would continue to utilize her family for childcare.

Mother also alleged that she wishes to relocate because her current

boyfriend, P.P., lives in Philipsburg, New Jersey. Mother testified that she

and P.P. have been dating for two years and are planning to get married and

purchase a home together. Mother stated that those plans have been put on

hold pending the outcome of the current custody action. P.P. currently

commutes to New York City for work and also has a child of his own who

lives in Phillipsburg. Therefore, P.P. is prevented from moving to the

Harrisburg area.

On Mother’s custodial weekends, she and the Children frequently stay

at P.P.’s home. Mother testified that the Children have made friends in P.P.’s

neighborhood. P.P. testified that he sees the Children every Friday and the

-4- J-A34002-15

Children even have their own room in his home. Mother was unable to

specifically identify a school district in which she wishes to relocate. She

testified that she and P.P. have looked at homes in a number of areas, but

have not settled on one area in particular.

Mother requests primary custody with permission to relocate, and

proposes that Father have custodial time from Friday after school until

Sunday for three weekends a month during the school year. During the

summer, Mother proposes a shared physical custody schedule where Father

has custody from Saturday to Tuesday, or Wednesday if Father is off from

work and every other week.

Father testified that he currently resides in the Central Dauphin School

District, and works at the Pennsylvania Air National Guard base in

Middletown. Father’s current work schedule is 6:00 a.m. until 4:00 p.m.

Thursday through Saturday, plus every other Wednesday and Sunday during

drill weekends. In addition, if Father is working as flight chief or in armor, he

must report to work between 5:00 a.m. and 5:30 a.m. Father’s supervisor

testified that Father can only adjust his current schedule under special

circumstances.

Currently, Father’s custodial periods occur when he is not working and

he is able to care for the Children himself. Father’s girlfriend, C.P., helps out

some Sundays when she has her children and Father testified that the

children get along well together. Father also testified that he and C.P.

-5- J-A34002-15

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J.A.S. v. L.A.S., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jas-v-las-pasuperct-2016.