Klingman v. Klingman

54 Pa. D. & C.4th 28, 2001 Pa. Dist. & Cnty. Dec. LEXIS 384
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedAugust 16, 2001
Docketno. 1998-FC-1182
StatusPublished

This text of 54 Pa. D. & C.4th 28 (Klingman v. Klingman) 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
Klingman v. Klingman, 54 Pa. D. & C.4th 28, 2001 Pa. Dist. & Cnty. Dec. LEXIS 384 (Pa. Super. Ct. 2001).

Opinion

BLACK, J.,

This matter is before the court on the petition of plaintiff Jean C. Kling[30]*30man-Madeira (Mother) for permission to relocate to Fayetteville, North Carolina, with her 7-year-old son, Joshua Klingman. The child’s father, defendant Paul E. Klingman Jr. (Father), objects to the proposed relocation. He has filed a cross-petition to modify the existing custody order so that he will have primary physical custody of Joshua in the event that Mother moves to North Carolina.

A hearing was held on July 24-25, 2001, at which the parties, their current spouses, various family members and friends, and two psychologists testified. On August 3, 2001,1 interviewed the child in the presence of counsel for the parties and the guardian ad litem.

Based on the evidence presented, I find that the best interests of the child require that the petition to relocate be denied. Mother has indicated that if her petition to relocate were denied, she would not move to North Carolina. Therefore, Father’s cross-petition for primary physical custody is moot.

FINDINGS OF FACT

(1) The parties were married in December of 1980.

(2) The parties are the natural parents of a minor child, Joshua Klingman, who was bom on November 20,1993.

(3) The parties are also the natural parents of an adult child, Paul Klingman III, age 20, currently a college student at Carnegie Mellon University in Pittsburgh, Pennsylvania. Paul spends his school vacations with Father.

(4) The parties had a third child, Adam, who passed away at age 4 in 1994, when Joshua was just over a year old.

[31]*31(5) Following Adam’s death, the parties drifted apart, leading eventually to Father’s departure from the marital residence in February or March of 1998 and the entry of a divorce decree on September 1,1999. Although the parties lived under the same roof until 1998, they did not live together as a couple from 1996 on.

(6) On July 29,1999, the parties entered into an agreement that was incorporated, but not merged into the divorce decree. The agreement provided, inter alia, for shared legal custody of Joshua; for Mother to have primary physical custody; and for Father to have partial physical custody three weekends a month from Friday through Sunday and also one evening during the week so long as it was coordinated with Mother’s work schedule.

(7) Since the parties’ separation and even after their July 29, 1999, written agreement, they communicated regularly with each other regarding the custody arrangements and worked out a flexible schedule that changed from month to month to best accommodate their child’s needs and their work schedules. When the opportunity arose for Mother to take Joshua with her on a monthlong trip to Africa in January 2000, Father agreed even though it meant giving up his custodial rights that month.

(8) As a result of the parties’ flexible custody arrangements prior to the relocation petition, Joshua spent 98 overnights with Father from June to December 1998; 176 overnights with Father in 1999; and 168 overnights with Father in the year 2000.

(9) This high level of cooperation, for which both parties are to be commended, ended with the filing of [32]*32Mother’s petition for relocation. Since then, at Father’s insistence, they have adhered strictly to the terms of the July 29, 1999 written agreement.

(10) Mother married Robert Madeira in April of 2000. Dr. Madeira is a medical doctor who recently completed his internship in internal medicine at Lehigh Valley Hospital.

(11) Father married Mary Klingman on September 30, 2000. Mrs. Klingman operates her own business, a cleaning service.

(12) Mother resides with Dr. Madeira at the parties’ former marital residence, 5574 Ohls Lane, Coopersburg, Lehigh County, Pennsylvania. The property is a single-family home and has been Joshua’s primary residence since his birth. It is located in the Southern Lehigh School District.

(13) Father has resided with his wife at 5017 Lanark Road, Center Valley, Lehigh County, Pennsylvania, since April of 2000. The property is also a single-family home located in the Southern Lehigh School District. Joshua has his own separate bedroom for those occasions when he stays overnight with Father.

(14) Mother is a registered nurse and has been employed at Lehigh Valley Hospital in this capacity for the past 18 years. At the time of the parties’ separation she worked a full weekend shift at the hospital.

(15) In the fall of 1999, Mother reduced her employment to 24 hours a week over two days, so that she could have more time at home with Joshua and also so that she could return to school to complete her studies for a [33]*33bachelor’s degree. Mother’s academic status currently is that of a college junior.

(16) Father is self-employed, being the owner and operator of Klingman’s Custom Floors Inc., a retail floor covering business that he started in 1990. His usual work hours are Monday through Friday from 8:30 a.m. to 4:30 or 5 p.m. Occasionally he also does some work on a Saturday. Father has two employees in his business, which gives him some flexibility to spend time with Joshua during the week, if circumstances require.

(17) Joshua is currently scheduled to begin the second grade at Liberty Bell Elementary School in the Southern Lehigh School District. Joshua has adjusted well to school, both academically and socially. He is an intelligent and personable 7-year-old with many interests, ranging from computers to animals.

(18) Joshua has a close attachment to both of his parents. Because of their commendable cooperation, he has been able to enjoy an outstanding relationship with both of them.

(19) Joshua also enjoys a close relationship with his maternal grandmother and his paternal grandparents, all of whom reside in the Lehigh Valley area. He visits with them weekly. He also visits regularly and enjoys a good relationship with his stepmother’s parents, who live in a nearby community.

(20) Joshua’s extended family also includes a great-grandmother and great-aunt on Father’s side, living in Emmaus, as well as various aunts, uncles and cousins on both sides of his family, living in the Lehigh Valley and elsewhere in Pennsylvania and New Jersey.

[34]*34(21) Joshua has developed an unusually strong bond with his stepfather, Dr. Madeira, and with his stepmother, Mary Klingman.

(22) With Mother and stepfather, Joshua participates in “family time” every evening after dinner. This usually includes some physical activity outdoors and some quiet play such as a board game. It is followed by Bible-reading before Joshua goes to bed. Mother and stepfather have taken Joshua on vacation trips to Tennessee, to Cape Cod, and last January, to Kenya, Africa, for an entire month.

(23) With Father and stepmother, Joshua enjoys spending time caring for their pets, which include his dog “Shadow” and various animals raised by his stepmother. He also enjoys going fishing with Father.

(24) Mother and Dr. Madeira desire to relocate with Joshua to Fayetteville, North Carolina. The purpose of the relocation would be to enable Dr. Madeira to accept a very desirable job offer from a hospital in that area.

(25) Dr.

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54 Pa. D. & C.4th 28, 2001 Pa. Dist. & Cnty. Dec. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klingman-v-klingman-pactcompllehigh-2001.