Meier v. Stegmeier

12 Pa. D. & C.5th 61
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedMarch 31, 2010
Docketno. 2008-FC-0253
StatusPublished

This text of 12 Pa. D. & C.5th 61 (Meier v. Stegmeier) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meier v. Stegmeier, 12 Pa. D. & C.5th 61 (Pa. Super. Ct. 2010).

Opinion

Ford, J.,

This is a custody case. The parties are the parents of two young boys. Plaintiff, Bartholomew Meier (Father), was the primary physical custodian of the boys when the custody trial began on March 16, 2010. At the trial, he asked that his petition to relocate to the state of Wisconsin with the boys be granted. Defendant, Susan L. Stegmeier (Mother), was the partial physical custodian of the boys when the trial began. Through her petition, she asked that she be made the primary physical custodian and that the boys be allowed to reside primarily with her in the state of Tennessee. She resides in the state of Tennessee with her hus[63]*63band who is an active-duty member of the United States Army.

Following the March 16 trial, by order dated March 25, I granted Mother’s petition for modification. The order provides that the parents continue as the joint legal custodians of the boys. However, Mother was designated as the primary physical custodian. Father’s request to relocate to Wisconsin was granted. It is in Wisconsin that he will exercise his partial custody rights under the order. In this opinion, I explain the reasons for the March 25 order.

PROCEDURAL HISTORY

The parties began their relationship in 2002. They have never been married to each other. The parties have two young sons, Nathan and Addison. The parties separated on a date in 2007.

On February 26,2008, Father filed the complaint that started this custody action. In the complaint, he sought primary physical custody of the children. The parties lived in Lehigh County at the time.

On August 13, 2008, the court entered an order accepting a written stipulation of the parties whereby they shared both legal and physical custody of the children.

Later in 2008, Mother decided to move to Tennessee. An order was entered on November 18,2008, accepting another stipulation of the parties whereby they shared legal custody of the children. However, under the stipulation and order, Father became primary physical custodian and Mother became partial physical custodian of [64]*64the children. The parties lived under the terms of that order until 2010.

On December 18,2009, Father filed a notice of intention to relocate to Wisconsin. On the same date, he filed a petition to relocate with the children to Wisconsin.

On January 14,2010, Mother filed a notice of intention to relocate with the children to the home that she already had in Clarksville, Tennessee. On the same date, she filed a petition for modification of the earlier custody order. In the petition, she asked that she be designated as the primary physical custodian of the children.

On February 4, 2010, Father also filed a petition for special relief repeating the request in his earlier petition to allow him to remove the children from this jurisdiction and to have them reside primarily with him in Wisconsin. In this later petition, he also asked for a hearing under Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991).

I conducted atrial on all of these outstanding petitions on March 16,2010.1 entered an order on March 25,2010, wherein I granted Mother’s request for modification by designating her as the primaiy physical custodian of the two boys. Father received permission to relocate to the state of Wisconsin with partial physical custody rights rather than the primary custody rights that he sought to maintain. Under the March 25 order, Mother and Father continue to share legal custody rights.

FINDINGS OF FACT

(1) Mother and Father began their relationship on a date in 2002. Their son, Nathan Meier, was born on [65]*65December 16,2003. He was six years old and in kindergarten at the time of the custody trial on March 16. Their son, Addison Meier, was bom on January 24, 2006. He was four years old at the time of the trial. The parties were never married to each other.

(2) At the time the trial began, under the second 2008 agreement and court order, Father was primary physical custodian of the two children. He resides with them at 317 New Street, Walnutport, Northampton County, Pennsylvania. Father is 39 years of age. He has a masters degree. He was trained and has worked as a graphic designer. However, Father is unemployed. He receives unemployment compensation which will expire in May 2010. His last full-time employment was in December of 2008. He then worked part-time until April 2009.

(3) Mother resides at 701 Anita Court, Clarksville, Tennessee. She lives there with her husband, Anthony Stegmeier, who is a specialist (E-4) in the United States Army. Specialist Stegmeier has been deployed to combat zones and is scheduled to deploy to Afghanistan in the late summer of 2010 for a 12- to 15-month tour. Mother has a daughter, Kiera, by Specialist Stegmeier. Kiera was bom on September 19, 2009.

(4) Mother works part-time providing emotional and physical support for military families and she works part-time at a YMCA. Her total part-time hours per week are approximately 23.

(5) Mother has a fourth child, Sky lar, age 8, who is the oldest of her four children. Skylar resides primarily with his father, Jeffrey Sutton, in Roseto, Northampton County, Pennsylvania. Mother’s physical contact with [66]*66Slcylar is limited. They see each other infrequently each year. They also speak by phone. Mother and Jeffrey Sutton have an excellent relationship. While Mother loves Skylar, almost all significant parenting decisions are made by Mr. Sutton and that is with the consent of Mother. Skylar is engaged in a number of productive activities, excels in the parochial school that he attends and has not had an absence from school in three years. Skylar rarely sees Nathan, Addison and Kiera. On the occasions that the boys have contact with each other, they get along well.

(6) Neither the parties nor the children, Nathan and Addison, who are the subject of this custody proceeding, reside in Lehigh County, Pennsylvania.

(7) Father has investigated job availability for his field in Lehigh County, in Northampton County which adjoins Lehigh County, and in surrounding areas. He has submitted many job applications. These efforts have been unsuccessful.

(8) Father has a job offer, which has been outstanding since late 2009, as a graphic designer for a business known as “Fifty 7” in Eagle River, Wisconsin. Father will earn approximately $24,000 per year in that job which is approximately $16,000 per year less than he earned in his last full-time employment.

(9) Father has a home available to him in Eagle River which he can occupy rent-free with the boys, except for utilities and upkeep. This home is owned by his family. Father grew up in Eagle River. His family still resides there. The home in which he plans to live is located in a [67]*67mostly rural section with fields and a few other homes located nearby. Father plans to move immediately to this home. His two motivations for the move are employment and proximity to his family.

(10) Mother, who is 27 years old, became unhappy in her relationship with Father early in 2007. She told Father that she wanted to date other men. She moved out of the bedroom that she shared with Father and moved into another bedroom in the same home. She slept in that bedroom for several months until she moved into the home of her parents in the fall of 2007.

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Related

Plowman v. Plowman
597 A.2d 701 (Superior Court of Pennsylvania, 1991)
Gruber v. Gruber
583 A.2d 434 (Supreme Court of Pennsylvania, 1990)
McMillen v. McMillen
602 A.2d 845 (Supreme Court of Pennsylvania, 1992)
Albright v. Commonwealth Ex Rel. Fetters
421 A.2d 157 (Supreme Court of Pennsylvania, 1980)
Zummo v. Zummo
574 A.2d 1130 (Supreme Court of Pennsylvania, 1990)
Jackson v. Jackson
163 A.2d 820 (District of Columbia Court of Appeals, 1960)

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Bluebook (online)
12 Pa. D. & C.5th 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meier-v-stegmeier-pactcompllehigh-2010.