Lohr v. Myers

26 Pa. D. & C.5th 379
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedSeptember 10, 2012
DocketNo. 10120 OF 2007
StatusPublished

This text of 26 Pa. D. & C.5th 379 (Lohr v. Myers) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lohr v. Myers, 26 Pa. D. & C.5th 379 (Pa. Super. Ct. 2012).

Opinion

MOTTO, J.,

Before the court for disposition is the petition of Jason Alexander Lohr (hereinafter “father”) for modification of the current custody order to transfer primary physical custody of the child, Alexander Jason Lohr, (hereinafter “A.J.L.”), bom October 6, 2005, from Trinitie Myers, now Roñica, (hereinafter “mother”) who presently enjoys primary physical custody.

Mother and father met in 2005. A.J.L. was bom on May 1, 2006. At the time of birth, mother and father had separated but Mother was living in an apartment in a residential dwelling owned by father’s parents. Mother moved out of that apartment when A.J.L. was approximately five months old and went to live with her father. From birth until the commencement of this action, A.J.L. resided primarily with mother with father having sporadic contact with him.

On January 6, 2007, father filed his initial complaint for custody and a petition for special relief seeking to enjoin mother from relocating with the child from Lawrence County to the state of North Carolina. The result of the initial proceedings was an order of court [381]*381entered on February 14,2007, by agreement of the parties, awarding primary physical custody of A.J.L. to mother, with mother and father to have shared legal custody, and with mother being permitted to relocate with the child to the state of North Carolina. The order further provided for father to have twenty days of partial custody in each two-month period. The parties were to share the providing of transportation for the exercise of partial custody. Subsequently, the parties agreed between themselves to share the time that each would have the child so that each party would have the child for thirty consecutive days and alternate eveiy thirty-day period.

The sharing of custody of the child on the thirty-day rotation continued until July of 2011 when mother enrolled A.J.L. in school in the city of her residence, Havelock, North Carolina. In order to allow for the child to have more frequent contact with father, mother opted to enroll the child in an optional school program whereby the child would attend school all year round, with the child to be in school for nine weeks, then on vacation a period of three weeks, with nine week sessions continuing throughout the year, each nine-week session followed by a vacation of three weeks, except in the summer, when there would be a break of five weeks before the commencement of the next school year. With this school arrangement, father has received the child during the three weeks that the child is out of school and in the summer of 2012, had received the child for four weeks of the five-week summer vacation period.

In seeking primary physical custody, father notes that he and virtually all of his family has attended the Laurel school district in Lawrence County where A.J.L. would [382]*382be enrolled if he obtained primary physical custody and the majority of the child’s family is located in Lawrence County. Father further notes that since he is on social security disability he has ample time to spend with the child.

Father resides in a residential structure owned by his parents that contains three apartments. He lives in the upstairs apartment with his ex-wife, Tracy Lohr, and daughter Madison, age 15 and step-daughter Lilly, age 7. Father has lived in this structure since he was five years old. Father’s mother and father and father’s daughter, Hope, age 20, live in one of the downstairs apartments together with Hope’s boyfriend and their one-year-old child. In another downstairs apartment, father’s other ex-wife, Erin Cartwright, resides, that ex-wife being the mother of Hope and Abby Lohr, both children of father and Erin Cartwright. Father had attended the Laurel school district, did not graduate, but obtained a G.E.D. Father has been on social security disability since 2008 because of having A.D.H.D. and neck injury. Father is able to make extra money on occasion as a discjockey.

Most of the family of both father and mother reside in Lawrence County. Three of A. J.L.’s grandparents reside in Lawrence County, a great-grandparent and various aunts and uncles as well as the half-siblings and half-step-sister mentioned above.

Father’s ex-wife, Tracy, with whom he resides, is a registered nurse and enjoys a good relationship with A. J.L. as well as a good relationship with all of father’s family. Tracy generally works the night shift, but does whatever is necessary to assist with the care of A. J.L. when he is in [383]*383the physical custody of father.

Father maintains contact with A J.L. through the use of Skype and telephone calls when A.J.L. is in the custody of mother. Father has received treatment for psychiatric issues, which is treated with medication and sees a counselor once a week.

Father’s home is adequate for the care of A.J.L. the apartments are structured so that A.J.L. can move freely between the various apartments and will spend a substantial amount of time with his paternal grandparents when he is in the physical custody of father. Although photographs have been presented showing used parts stored in the back of the residence that are used in the appliance repair business of the paternal grandfather, there is nothing to indicate that these parts pose a danger to the children, who otherwise have a substantial area in which to play. Father’s residential facility for the care of A.J.L. is adequate.

Mother resides in Havelock, North Carolina with her husband, Sean Ronka, and their children. The children bom to mother and Mr. Ronka, A.J.L.’S half-siblings, are aged three and an infant. Mother and father were never married. For the first four months of the pregnancy, mother and father resided together. Father then asked mother to move out because he did not want to get married. Later mother moved back into the father’s residence and father moved out. After the birth of A. J.L. mother remained at the residence and did not see father again until A. J.L. was about two months old. After that time, father would see A.J.L. on an irregular basis until mother moved to North Carolina in 2007. As noted, mother moved to North Carolina with the consent of father and pursuant to a consent order of court [384]*384that allowed for father to have physical custody twenty days in a sixty-day period, which order was later modified by oral agreement to provide for the parties to share time with A J.L. on a thirty-day rotation, which schedule continued until A.J.L. started school.

Mother intentionally enrolled A.J.L. in a school having the year-round schedule in order to maximize the amount of physical custody father could have with A.J.L. The optional schedule which mother obtained for A.J.L. is nine weeks of school followed by three weeks of vacation, continuing on that rotation starting in July and ending in June, with a summer vacation period of five or six weeks. Since that has started, A.J.L. has spent his vacation period when not in school with father. Most of the five-week summer vacation period was spent by A.J.L. with father. This year-round schedule can be continued through the completion of high school.

A.J.L. gets along well with his half-siblings and spends much of his time playing with his three-year-old sister, Anni, and interacts with his half-brother, Wesley, who as an infant is in the crawling stage.

A.J.L. has a pediatrician and a dentist in North Carolina and is covered by health insurance issued through mother’s husband, Sean Ronka, who is presently in the service. A.J.L.

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Cite This Page — Counsel Stack

Bluebook (online)
26 Pa. D. & C.5th 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lohr-v-myers-pactcompllawren-2012.