Leon v. Leon

7 Pa. D. & C.5th 423
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMarch 3, 2009
Docketno. 08-8844
StatusPublished

This text of 7 Pa. D. & C.5th 423 (Leon v. Leon) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leon v. Leon, 7 Pa. D. & C.5th 423 (Pa. Super. Ct. 2009).

Opinion

LASH, J.,

This court held a child custody trial on February 13, 2009. At issue is primary custody of the parties’ three minor children. The court enters the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Edwin A. Leon (Father), is an adult individual who currently resides at 104 Douglass Street, Reading, Berks County, Pennsylvania.

(2) Defendant, Juana Leon (Mother), is an adult individual who currently resides at 143 Elm Street, Fleet-wood, Berks County, Pennsylvania.

[424]*424(3) The parties are the natural parents of three minor children, Edwin Leon, bom October 1,1995, Luis Leon, bom June 15,1998 and Austin Leon, bom August 9,2000 (minor children).

(4) The parties remain husband and wife, but have lived separate and apart since June 1,2003, when Mother left the marital residence at 104 Douglass Street, Reading, Berks County, Pennsylvania.

(5) The within matter stems from Father’s complaint in custody, filed by him on July 8,2008. Prior to Father’s filing, there was no formal custody action filed by either party.

(6) The parties were involved in several protection from abuse matters, resulting in orders which contained child custody provisions. The first protection from abuse action was filed by Mother in 1997, which was dismissed by order of January 22, 1998 due to Mother’s failure to appear for the hearing. Mother filed a second action on November 7, 2003, resulting in a final order entered November 12, 2003, by agreement without admission. The order granted primary physical custody to Mother and did not provide any specified times for Father. This order was then amended by the Honorable Mary Ann Campbell on July 15,2004, by agreement of the parties, such that Father would have custody of the minor children every Monday and Wednesday from 6 p.m. until the following morning at 7:30 a.m., and on alternate weekends from Friday at 6 p.m. until the following Monday morning at 7:30 a.m.

(7) Generally speaking, the parties have worked together informally regarding the custody schedule.

[425]*425(8) Mother currently resides in a three bedroom duplex in the Fleetwood School District. She obtained this house through Habitat for Humanity.

(9) Mother resides with the three minor children, her paramour, George Ziegler, his two children, Logan, age 16, and Jaden, age 13, as well as Mother’s child from a different relationship, Maximus, bom August 3, 2005. Mother is expecting another baby, due June 14, 2009.

(10) Father resides alone in a five bedroom home, which he owns, in the Reading School District.

(11) Until the 2008-2009 school year, the minor children attended the Reading School District, primarily at the Riverside Elementary School, although the eldest child, Edwin, attended Gateway Technology School, a one-year program featuring computer training, for the sixth grade.

(12) Regarding the 2008-2009 school year, Mother enrolled the minor children in the Fleetwood Area School District, where they currently attend school.

(13) The children have special needs. Edwin has been diagnosed with a benign tumor. He is currently treating with a physician with offices in Hershey and Danville, and is required to see the doctor once every year, or on an as needed basis. Currently, there is no intention to become involved in more aggressive treatment. Edwin has been diagnosed with ADHD, primarily because of his failure to focus. He has some difficulty in school. Luis has been involved with Service Access Management and Progressions, having been diagnosed with oppositional defiant disorder and for anger management issues. He sees a TSS worker four hours a week and a behav[426]*426ioral specialist three hours a week. The youngest child, Austin, has not been diagnosed but does exhibit some behavioral difficulties, including getting involved in fights. All three minor children receive wraparound therapy.

(14) Father is employed as a painter for Stokes in Morgantown, working Monday through Friday from 6 a.m. to 4:30 p.m. He states that he can leave as early as 2:30 p.m. to care for the minor children, as the additional two hours are overtime.

(15) Mother is currently employed by Concern as a child visitation supervisor. She works Monday through Friday from 9 a.m. to 5 p.m., but on occasion, her employment extends to as late as 6:30 p.m. Her employment is within a couple of blocks of her residence.

II. DISCUSSION

In making disposition, this court considered the testimony of the parties and the in camera conferences with each of the minor children.

Father filed this petition to obtain primary custody of the minor children. He believes that the minor children want to reside with him. He also believes that Mother’s household is too crowded. Currently, two adults and six children reside in a three bedroom home, and there is another child on the way. Father also states that Mother’s house is not kept sufficiently clean. He also believes that she works late hours. For all these reasons, Father argues that Mother is incapable of sufficiently attending to the minor children’s needs.

Father also alleges that Mother makes important decisions regarding the minor children without first consult[427]*427ing him. She transferred the minor children to the Fleet-wood School District in August 2008 without informing him. She has placed the minor children in counseling, which he feels is unnecessary. For example, he disputes whether Edwin has ADHD or whether he needs to take medications. These decisions have disrupted the minor children’s lives and are not in their best interests.

On the other hand, when the minor children are at Father’s house, they are in a clean, peaceful environment. They are able to relax and be themselves. Father’s house is well kept. His home has more space for the minor children and no commotion. According to Father, the minor children prefer this environment, as well as the Reading School District.

Father states that he has more available time for the minor children than does Mother. If Father had primary custody, he would not work overtime, but would leave work at 2:30 p.m., sufficient time for him to be home when the minor children arrive from school.

Father claims a strong bond with each of the minor children. He advised that he spends time with them to help them with their education and also with their recreational activities.

Mother seeks to retain primary custody. She states that she has been the parent who provided the necessary day-to-day maintenance duties for the minor children. She has overseen their school work. She has attended to their medical needs, including seeking out counseling for their behavioral difficulties. In contrast, Father, according to Mother, is inattentive. He has never attended to the minor children’s day-to-day needs. He [428]*428disputes the necessity of counseling, even though the minor children have exhibited substantial deficiencies.

Mother alleges that her household is more suitable for the minor children. She claims that her neighborhood is safer and the school district is superior. The minor children live within a couple of blocks of a park.

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Related

Alfred v. Braxton
659 A.2d 1040 (Superior Court of Pennsylvania, 1995)
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666 A.2d 1096 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
7 Pa. D. & C.5th 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-v-leon-pactcomplberks-2009.