Masser v. Miller

913 A.2d 912, 2006 Pa. Super. 361, 2006 Pa. Super. LEXIS 4487
CourtSuperior Court of Pennsylvania
DecidedDecember 11, 2006
StatusPublished
Cited by15 cases

This text of 913 A.2d 912 (Masser v. Miller) 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
Masser v. Miller, 913 A.2d 912, 2006 Pa. Super. 361, 2006 Pa. Super. LEXIS 4487 (Pa. Ct. App. 2006).

Opinion

OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Kristine Miller, appeals from the order entered on August 15, 2005, in the Court of Common Pleas of Schuylkill County. The order modified a prior custody order and denied Appellant’s request to relocate with the parties’ child from Hegins Township in Schuylkill County, Pennsylvania to Hummelstown in Dauphin County, Pennsylvania. We affirm.

¶2 Appellant and Derek Masser (“Father”) are the parents of Kaytlyn Miller, a minor child. Appellant and Father were never married. On April 27, 1995, the parties entered into a custody stipulation that provided that Appellant would have primary physical custody of Kaytlyn and Father would have partial custody. The stipulation was approved and made an order of court on May 1, 1995. On July 29, 2004, Appellant flied a petition to modify custody and requested permission from the court to relocate from Hegins, Pennsylvania to Hershey, Pennsylvania. A custody conference was held on August 26, 2004, before a Custody Conciliation Officer. The Conciliation Officer recommended that the court appoint an evaluator. On September 29, 2004, the trial court ordered a home and custody evaluation and ordered further conciliation conferences. On December 28, 2004, Appellant filed a petition for special relief for emergency temporary custody in which she requested permission to relocate to Hummelstown until the dispute was finally resolved. The trial court denied this petition on January 10, 2005.

¶ 3 In July 2005, a relocation hearing was held and testimony was presented by both parties. The trial court made the following findings of fact:

[Father] and [Appellant], who never married each other and who have exhibited communication difficulties referable to their child, are the natural parents of Kaytlyn Miller (born February 27,1992). Kaytlyn is [14] years old and entering the [ninth] grade.... Each party, and Kaytlyn, are in good health. Neither party [has] been convicted of any crime, nor [has] a child abuse record.
The parties had resided together for a short time around the birth of Kaytlyn, but they separated shortly thereafter. In 1995, [Father] married, and remains married, residing with his wife in Valley View, Hegins Township, Schuylkill County, Pennsylvania, with their child, Devon (Born September 27, 1995). [Father], Appellant, Kaytlyn, and Devon all attended and/or attend the Tri-Valley School District. [Father’s] home in Valley View and [Appellant’s] Hegins home are in the same municipality.
Prior to the trial, [Appellant] who had and has a home in Hegins Township, Schuylkill County, purchased another home in Hummelstown, Dauphin County, Pennsylvania, where she desires to move Kaytlyn. [Appellant] is employed as a registered nurse for Hershey Medical Center. She stays at her home in Hummelstown on occasion, and, at other times she stays at her Hegins home. Apparently, in anticipation of moving Kaytlyn’s primary residence, [Appellant] transferred much of Kaytlyn’s personal property to Hummelstown. Appellant’s mother and her husband also stay at [Appellant’s] Hegins home, having moved there rather recently, also, apparently, in anticipation of [Appellant’s] move of Kaytlyn.
[915]*915In 2001, after [Appellant] graduated from nursing school, she obtained the position at Hershey Medical Center. She currently works on a part-time basis, via a schedule of hours which she can select. Per her employment, [Appellant] is required to work twenty hours a week, but generally, she schedules herself to work 7:00 a.m. to 3:00 p.m., three days a week (Tuesday, Wednesday, Thursday), and then, usually works beyond 3:00 p.m., so to work a total of thirty-six hours on those days, [sic] ([Appellant’s] hourly pay increases significantly after working twenty hours per week.) In addition, [Appellant] periodically works on a weekend. [Appellant’s] commute to Hershey Medical Center from her home in Hegins, barring weather or traffic problems, takes approximately forty-five minutes to one hour. [Appellant] believes that moving Kaytlyn to Hummelstown, which is only a few miles from Hershey Medical Center, would serve Kaytlyn’s best interests as [Appellant] claims she would be able to spend more time with Kaytlyn. Should [Appellant] change her work schedule to a Monday through Friday, day shift, full-time position, she could be available for Kaytlyn each day after school. However, if Kaytlyn moved to Hummelstown, [Appellant] was not intending to change her work schedule for some unknown time. If not permitted to move Kaytlyn to Hummelstown, [Appellant] further indicated she might seek different employment.
[Appellant] earns approximately $70,000.00, based on the hours which she has the liberty to schedule. The benefits of [Appellant’s] employment, in particular, the income she earns, is of importance to [Appellant], rendering the likelihood of her changing employment to an unspecified employer at an unspecified location, questionable. Although [Appellant] mentioned the possibility of living in Hegins (with the home in Hum-melstown simply being considered a good investment) and working at a hospital in Pottsville, where she would earn significantly less in income, [Appellant] also indicated that such employment was approximately thirty-five minutes from Hegins.
[Father] is employed by Thermal Dynamics in Schuylkill Haven, as a welder, where he, generally, works five days a week — Monday through Friday, from 6:00 a.m. to 2:30 p.m. His commute to work is approximately forty-five minutes to an hour, again, depending on traffic and weather. [Father’s] wife is employed as a manager of a medical office in Hegins. [Father] earns approximately $37,000.00 per year and pays child support for Kaytlyn in the amount of $118.00 per week. Although [Appellant] has substantially more income than [Father], the facts did not indicate that either party was not capable of providing appropriate support for Kaytlyn and, likewise, the appropriateness of the homes of [Father] and [Appellant], including [Appellant’s] home in Hummels-town, are not in question.
Following the parties’ separation, although [Appellant], as opposed to [Father], primarily cared for Kaytlyn, [Father] followed his schedule of partial custody on a regular basis. In addition, [Father] actually has exercised longer and more frequent periods of custody, including overnight visits, than set forth in the custody order. [Father’s] parents, Marvin and Kaye Masser, also provided much care for Kaytlyn since her birth and continue to see Kaytlyn frequently, maintaining a very close relationship. Kaytlyn has become close emotionally to [Father’s] wife and her family, the latter of which also provides [916]*916care for Kaytlyn. Kaytlyn has a particularly close relationship with her brother, Devon.
Kaytlyn has been, and is, involved in various sports, including basketball and softball in Hegins. [Kaytlyn’s paternal grandfather] has coached Kaytlyn in softball for six years and intends to continue doing so should Kaytlyn reside in Hegins. Kaytlyn’s grandfather also has an interest in coaching Kaytlyn in basketball, provided she stays in Hegins. Likewise, [Father] coached Kaytlyn’s team in softball this year. [Father] and his family, including Devon, attend many of Kaytlyn’s activities. Kaytlyn, likewise, attends Devon’s activities.

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Bluebook (online)
913 A.2d 912, 2006 Pa. Super. 361, 2006 Pa. Super. LEXIS 4487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masser-v-miller-pasuperct-2006.