Liao v. Liao

29 Pa. D. & C.5th 321
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedMarch 6, 2013
DocketNo. 790 DR 2012; No. 6259 CV 2012
StatusPublished

This text of 29 Pa. D. & C.5th 321 (Liao v. Liao) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liao v. Liao, 29 Pa. D. & C.5th 321 (Pa. Super. Ct. 2013).

Opinion

WILLIAMSON, /.,

This custody matter is before the court on Lyudmila Liao’s (“mother”) request for a hearing following the petition for modification filed by Ronald Liao (“father”). Mother and father are the parents of Maximillian Liao, age 8 (DOB 6/2/04). The most recent order of court dated February 19, 2013, adopted the recommendation of the custody conciliator dated February 5, 2013. That most recent order provided shared legal custody between mother and father, with mother having primary physical custody subject to father having physical custody during the school year from 6:00 p.m. Friday to 8:00 a.m. Monday on the First, second and [323]*323fourth weekends of the month and Wednesdays from after school until 8:00 p.m. The order also provided father with every other week in the summer and a shared holiday schedule.

At time of the full evidentiary hearing in this matter held February 26, 2013, the parties were virtually in agreement with a proposed custody schedule. Mother had motioned for the hearing to clarify and memorialize an agreement of the parties as to custody arrangements concerning attendance at church and Chinese school on Sundays. Mother also sought to have the weekend schedule modified to return the child to her on Sundays at 7:00 p.m. and the Wednesday time with father modified to return the child at 7:00 p.m.

At the hearing, father agreed these modifications were acceptable, but he hoped mother would consider placing the child in his care when available, rather than in day care. Father initially had concerns with the day care provider, but at the hearing agreed that the minor child was being cared for properly when at the day care. Father had some concerns for the outside safety of the day care, and the number of young children in care there.

The brief factual history in this case is as follows:

Mother and father were married on December 30,1997. Mother has two (2) children from another relationship: Ivan, age 23 and Anastasia, age 24. Ivan is employed and lives at home with mother. Anastasia is in the U.S. Air Force and stationed in South Carolina. Mother is from Ukraine and now a U.S. citizen. Father is from Taiwan [324]*324and also a U.S. citizen.

Mother and father lived together at 274 Maty Street, East Stroudsburg, Monroe County, Pennsylvania until their separation on July 3,2012. Mother now lives on Hill Street, East Stroudsburg, Pennsylvania, approximately one (1) block from father. Max lives with mother and stays with father pursuant to the schedule referenced above. Mother is employed part-time as a substitute cafeteria worker in both the Stroudsburg and East Stroudsburg school districts. Father is employed by Wells Fargo as a computer engineer. He commuted to work for a while in reading, Pennsylvania, but since late 2011 he has been able to work from home.

Max is in the 3rd grade at J.M. Hill Elementary School in East Stroudsburg, Pennsylvania. Max is very talented. He does well in school, is an accomplished artist, and he plays the piano. He also enjoys Taekwondo, baseball, soccer, skating, bowling, swimming and golf. He is learning Russian and Chinese. Both parents encourage Max in all that he does.

DISCUSSION

We must consider all relevant facts in determining a custody order following a full evidentiary hearing. The following factors must be considered when awarding custody:

“(a) Factors. — In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors giving weighted consideration to those factors which affect the safety of [325]*325the child, including the following:
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and [326]*326special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.”

23 Pa. C.S.A. §5328(a)

In this case, we note the parties were essentially in agreement with a revised custody schedule. Father did not want to lose more time, other than agreeing to a modification for his weekend periods to end at 7:00 p.m. on Sundays and the Wednesday visits at 7:00 p.m. Father had a concern regarding the necessity of using the daycare instead of asking father to watch the child. Father also had a concern for some safety issues at the daycare, and a related, but irrelevant concern to these proceedings, regarding proof of daycare expenses incurred. As the parties were essentially in agreement with regard to the custody schedule, we will fashion an order to encompass [327]*327the matters upon which they agreed. We will discuss the factors considered to be in the best interests of the child in arriving at an order that is the same as the parties agreed.

We find both parties will be likely to encourage and permit frequent and continuing contact between the child and the other party. For the most part, and with few exceptions, theparties work well together inseeing thattheir son spends time with both parents, giving consideration to Max’s schedule, his activities, and his need for continuity and routine. The parties have also previously agreed to a schedule outside of the existing order for church and Chinese school.

We find no present or past abuse of the parties or members of the household.

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Related

§ 5328
Pennsylvania § 5328(a)
§ 5337
Pennsylvania § 5337

Cite This Page — Counsel Stack

Bluebook (online)
29 Pa. D. & C.5th 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liao-v-liao-pactcomplmonroe-2013.