McAnallen v. McAnallen

446 A.2d 918, 300 Pa. Super. 406, 1982 Pa. Super. LEXIS 4357
CourtSuperior Court of Pennsylvania
DecidedJune 4, 1982
Docket883
StatusPublished
Cited by16 cases

This text of 446 A.2d 918 (McAnallen v. McAnallen) 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
McAnallen v. McAnallen, 446 A.2d 918, 300 Pa. Super. 406, 1982 Pa. Super. LEXIS 4357 (Pa. Ct. App. 1982).

Opinions

JOHNSON, Judge:

Appellant (Mother) appeals from an order granting custody of both daughters, Tina and Lisa, to Appellee (Father). The lower court denied Appellant’s motion for a stay pending appeal, but our court, per MONTGOMERY, J., granted the stay to allow Appellant to have custody of Tina pending appeal. For the following reasons, we reverse the lower court’s order regarding Tina.

[408]*408I. FACTS

Appellant and Appellee were married in July, 1975, when Appellant was 16 years old and Appellee was 18 years old. Tina, their first child, was born on February 6, 1976; Lisa was born on September 12, 1978. Appellant and Appellee separated in November, 1978, arid were subsequently divorced. When the custody order was entered on September 3, 1981, Tina was six years old and Lisa was almost three years old.

Appellee has remarried and is the father of a child who was 4 months old at the time of the hearing. Also, at the time of the hearing, Appellant had had a nonmarital relationship with another man (Ed) for 2 years and 5 months. Ed and Appellant also have a daughter who is younger than Lisa. Both Ed and Appellant testified that they had postponed their marriage plans until Ed would have a job.

After her separation from Appellee, Appellant, together with Tina and Lisa, returned to her mother’s home until April, 1979, when Appellant and Ed established their home together. On May 3, 1979, Appellee was ordered to pay support for Tina and Lisa. A few days later, Appellee refused to return the children to Appellant after the children had spent the weekend with Appellee. Two weeks later, Appellee returned Tina to Appellant because Tina did not want to stay with Appellee.

Appellee filed a petition for custody, and Appellant filed an answer and a cross-petition for custody. At a conference on January 30, 1980, a consent order, which granted custody of Lisa to Appellee and custody of Tina to Appellant, was signed by the lower court.

In February, 1980, after Appellee threatened to move to Texas with Lisa, both parties filed motions; and a second conference was scheduled for March, 1980, before a master. At the recommendation of the master, on March 14, 1980, the judge ordered home evaluations and psychological examinations and continued the proceedings. On August 15, 1980, another conference was held before the master who, after considering the aforesaid reports and evaluations, rec[409]*409ommended that custody of Tina should remain with Appellant and custody of Lisa should remain with Appellee. After several continuances and other motions, a full custody hearing was commenced on April 30, 1981, and concluded on July 14, 1981. On September 3,1981, the trial judge signed an order granting Appellee custody of both Tina and Lisa.

In addition to Appellant and Appellee, sixteen witnesses testified at the custody hearing. The former supervisor of the abuse unit for Children and Youth Services testified concerning Lisa’s failure to thrive in April, 1979, as well as the evaluations of Appellant’s home in late April/May, 1980. The witness testified that conditions in Appellant’s home in 1980 were very good and that Appellant had “excellent control” over the children. The witness also testified that both children were functioning well in their respective homes and, consequently, she saw “no reason to uproot either of those children to perhaps satisfy the desires of the parents.”

The Domestic Relations Officer/Home Study Investigator testified that Appellant and Ed lived in a “large and quite adequate” apartment. He described Appellant and Ed as “two very cooperative people who seemd [sic] to have a stable relationship with each other and with the children. ...”

Both the Social Service Coordinator for the Headstart Program and Tina’s Headstart teacher testified concerning Appellant’s and Ed’s intense involvement and volunteer work with Headstart. Tina’s teacher also testified concerning the “good interaction” between Tina and Appellant. The Parent Involvement Specialist with Headstart testified regarding Appellant’s leadership, her ability as an organizer, and her ability to relate very well with others on all levels.

The coordinator of the Parent Infant Center at Butler Hospital stated that both Appellant and Ed “do an excellent job” of parenting. The assistant coordinator of the Parent Infant Center described how Appellant always planned in advance to bring extra diapers, snacks, etc., both for her children and for others.

[410]*410The witnesses for Appellee were his current wife, Appellee’s mother and father, Appellee’s current mother-in-law, and two women who babysit for Appellee and his wife. These witnesses testified that Appellee and his wife are excellent parents. Appellee, whose arrearages on the support order of May 3, 1979, were approximately $2,200 at the time of the hearing, stated that he did not pay child support because he did not “feel my kids are being cared for.” 1

II. THE LOWER COURT’S OPINION

In his opinion, the trial judge explained that, although he had considered the recommendations of the master and of two expert witnesses that Tina should remain with Appellant, he disagreed for the reasons stated in his opinion. In addition to the findings of fact, the court’s opinion lists the following factors and proceeds to allot a number of points to Appellant and Appellee for each of these factors:

Appellant Appellee

1. Love 10 10

2. Parenting 5 10

3. Responsibility - - 10

4. Home 5 10

5. Environment - - 10

6. Roots - - 10

7. Family stability - - 10

8. Morals - - 10

9. Support - - 10

In his very brief discussion of each of the foregoing factors, the trial judge severely criticizes Appellant several times because she is a welfare recipient and because she is not married to Ed. The court also gives Appellant a score of zero on “Roots” because her family does not provide the “beneficial influence” on the lives of the children that Appellee’s parents provide. The court criticizes Appellant several times as a “welfare recipient who will probably continue to be dependent on welfare and social services.” This dis[411]*411cussion echoes the court’s finding of fact no. 9 which states in part:

Mary Cousins McAnallen [Appellant] is weak and dependent. She lacks self discipline and has not functioned acceptably as a housekeeper and mother without guidance and supervision. Her background of neglect and deprivation, her conduct after marriage combined with inherent weaknesses, are evidence that her life career will be as a welfare recipient. Mary loves her children and will care for them under guidance and supervision.

III. DISCUSSION

Since the record in the instant case is comprehensive and the essential facts are not in dispute, we are able to consider the merits of the instant case. Commonwealth ex rel. Oxenreider v. Oxenreider, 290 Pa.Super.Ct. 63, 70, 434 A.2d 130, 133 (1981).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of: K.D., a Minor
144 A.3d 145 (Superior Court of Pennsylvania, 2016)
M.A.T. v. G.S.T.
989 A.2d 11 (Superior Court of Pennsylvania, 2010)
Flynn v. Bimber
70 Pa. D. & C.4th 261 (Erie County Court Common Pleas, 2005)
Nomland v. Nomland
813 A.2d 850 (Superior Court of Pennsylvania, 2002)
Wiseman v. Wall
718 A.2d 844 (Superior Court of Pennsylvania, 1998)
Cardamone v. Elshoff
659 A.2d 575 (Superior Court of Pennsylvania, 1995)
Lachapelle v. Lachapelle, No. Fa91 0119704 S (Jan. 28, 1993)
1993 Conn. Super. Ct. 572 (Connecticut Superior Court, 1993)
Johnson v. Diesinger
589 A.2d 1160 (Superior Court of Pennsylvania, 1991)
Mahoney v. Mahoney
512 A.2d 694 (Supreme Court of Pennsylvania, 1986)
Haag v. Haag
485 A.2d 1189 (Supreme Court of Pennsylvania, 1984)
Nancy E.M. v. Kenneth D.M.
462 A.2d 1386 (Supreme Court of Pennsylvania, 1983)
In Re Custody of Temos
450 A.2d 111 (Superior Court of Pennsylvania, 1982)
McAnallen v. McAnallen
446 A.2d 918 (Superior Court of Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
446 A.2d 918, 300 Pa. Super. 406, 1982 Pa. Super. LEXIS 4357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcanallen-v-mcanallen-pasuperct-1982.