Landis v. Landis

869 A.2d 1003, 2005 Pa. Super. 78, 2005 Pa. Super. LEXIS 299
CourtSuperior Court of Pennsylvania
DecidedFebruary 23, 2005
StatusPublished
Cited by30 cases

This text of 869 A.2d 1003 (Landis v. Landis) 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
Landis v. Landis, 869 A.2d 1003, 2005 Pa. Super. 78, 2005 Pa. Super. LEXIS 299 (Pa. Ct. App. 2005).

Opinion

[1005]*1005OPINION BY

BENDER, J.:

¶ 1 Melissa K. Landis (Mother) appeals from the April 20, 2004 order that awarded to Mother sole legal custody of her and Eric O. Landis’s (Father) son (P.G.L.) and provided for a shared custody arrangement between the parents on a three-day/ two-day alternating two-week schedule. However, the order denied Mother’s request to relocate from York, Pennsylvania to Corry, Pennsylvania, a distance of about 300 miles. We reverse and remand.

¶ 2 Mother and Father were married on June 26, 1999, and separated in May of 2003, in connection with the filing of a protection from abuse (PFA) petition by Mother. The parties are the parents of P.G.L., who was born on July 3, 2002. The complaint for custody was filed by Mother as part of her complaint in divorce on May 20, 2003. Mother requested joint legal custody and primary physical custody of P.G.L. In her Memorandum for Custody Pre-Trial Conference, Mother expressed her desire to relocate to the northwestern part of the Commonwealth to be closer to her family members who live in New York State. Thus, at the custody trial, the court was to consider legal and physical custody, as well as, relocation.

f 3 The certified record in this case reveals the following facts. Mother has a degree in education and is state-certified in both elementary and special education. She taught school in Corry, Pennsylvania, which is located about 90 miles from Arcade, New York, where her parents and Father’s parents live. Mother began dating Father prior to taking the teaching job in Corry and while Father was completing his masters degree in psychology. The parties became engaged and moved in together in Corry. However, due to Father’s inability to find a job in that area, they moved to York County where Father was hired by the Lincoln Intermediate Unit (LIU), and assigned to the Dover Area School District. Father also began part time work as a therapist in a mobile therapy setting. Mother found employment with the Dover Area School District.

¶4 At present Mother is employed by the Central York School District, while Father does mobile therapy. He is on leave without pay from the LIU due to outstanding criminal charges that arose following the issuance of the PFA, which was still in force at the time of the custody hearing. The parties were having financial difficulties that appeal’ in large part to be due to Father’s use of numerous credit cards to buy guns, knives, ammunition, G.I. Joe dolls and military scaled vehicles, which he claims he collects and buys and sells through the internet. By April 2003 the credit card debt amounted to close to $40,000, although a year earlier the parties had secured a second mortgage to pay off credit card debt of at least $35,000.

¶ 5 A confrontation occurred on April 28, 2003, that caused Mother to seek refuge for herself and P.G.L. at ACCESS York, a women’s shelter.1 Following testimony at the PFA hearing, a consent decree was issued, which required Father to move out of the marital home and refrain from contacting Mother for an 18-month period, but allowed for shared custody of P.G.L. by both parents.2 The PFA court made no finding of abuse.

[1006]*1006¶ 6 At the time the PFA order was served, sheriff deputies confiscated 176 weapons from the marital home. A large amount of ammunition was also removed from the property. Then in October of 2003, Father violated the terms of the PFA order and he was found guilty of indirect criminal contempt. Father was also charged criminally with possession of illegal weapons and possession of marijuana. Although Mother indicated that Father received an ARD disposition, Father’s testimony is less clear on the issue and it appears that at the time of the custody hearing the criminal matter had yet to be resolved.

¶ 7 At the custody trial, held on April 19-20, 2004, Mother testified about the parties’ financial situation and indicated that she would soon have to move out of the marital residence due to a foreclosure action. She also testified that her job with Central York School District was in jeopardy because of her numerous absences due to court appearances for hearings on the PFA, the criminal contempt trial and the custody proceedings. Additionally, Mother testified about the day care facility she used for P.G.L. when he was in her custody. However, she stated that Father did not inform her about his arrangements for P.G.L. when the child was in Father’s custody.

¶ 8 Mother further provided information about her desire to move back to Corry, Pennsylvania. She indicated that the Cor-ry School District had offered her a teaching position for $40,800, an amount $2,800 above her current salary, plus $550 for moving expenses. She also noted that both her current and her new position include health benefits, which cover both Mother’s and P.G.L.’s medical expenses.3 Moreover, Mother discussed her wish to move, indicating that she would have the support of her family, including her parents and her siblings with their families all within at most a two hour drive. She also indicated that Father’s family would have much easier access to P.G.L. since they also lived in the area near her parents. Additionally, Mother indicated that prior to separation she, Father and P.G.L. had traveled to see their families almost every month.

¶ 9 Additionally, Mother expressed her willingness to drive half of the 300 mile distance to meet Father so that he could more easily share in the custody of P.G.L. in York. She also suggested that she could transport P.G.L. to Arcade, New York, to Father’s parents’ home, to allow Father additional periods of custody. Moreover, she proposed extended custody time for Father during the summer months, except for an annual Canadian vacation that she took with her family.

¶ 10 With regard to Father’s testimony, he explained that since vacating the marital home he has lived in a one-bedroom apartment. Father further testified about his present position as a mobile therapist and that he can set his own hours to accommodate the custody schedule. He also indicated that although he is on antidepressant medication, it does not affect his work or his ability to care for P.G.L. When discussing the PFA, Father emphasized that the order entered into was by consent and that the court made no finding of abuse. Father also emphasized that Mother had not sought to prevent Father from seeing P.G.L., because she wanted Father and son to have a relationship. As for the indirect criminal contempt conviction, Father acknowledges that he was [1007]*1007found guilty, but points out that the custody arrangement was not altered.

¶ 11 Father presented the report and testimony of Michael F. Ditsky, M.A., M.Ed., a licensed psychologist, who conducted a custody evaluation at Father’s request. Mr. Ditsky’s report indicated that he interviewed each parent, administered the MMPI-2 test4 to each parent, and observed each parent’s interaction with P.G.L., whose behavior he concluded was age appropriate. Specifically, as to his observation of P.G.L., Mr. Ditsky found that the child was attached to and had bonded with each parent. Mr. Ditsky also reported that he had reviewed a letter from the district attorney indicating the denial of Father’s acceptance into the ARD program, the police criminal complaint, the PFA court transcript and order, copies of correspondence between the parties’ attorneys and between the parties themselves. Mr.

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Bluebook (online)
869 A.2d 1003, 2005 Pa. Super. 78, 2005 Pa. Super. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landis-v-landis-pasuperct-2005.