Mercado v. Fuentes-Carrion

7 Pa. D. & C.5th 231
CourtPennsylvania Court of Common Pleas, Berks County
DecidedFebruary 4, 2009
Docketno. 07-8703
StatusPublished

This text of 7 Pa. D. & C.5th 231 (Mercado v. Fuentes-Carrion) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercado v. Fuentes-Carrion, 7 Pa. D. & C.5th 231 (Pa. Super. Ct. 2009).

Opinion

LASH, J.,

This court held a child custody trial on December 18, 2008 and January 27, 2009. At issue is primary custody of the parties’ minor child, Jannellys Fuentes, born July 14, 2003. We enter the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Jannette Mercado (Mother), is an adult individual who currently resides at 434 Spruce Street, Reading, Berks County, Pennsylvania 19602.

(2) Defendant, Luis Fuentes-Carrion (Father), is an adult individual who currently resides at 2651 Northfield Drive, East Petersburg, Lancaster County, Pennsylvania 17520.

(3) Father and Mother are the natural parents of Jannellys Fuentes, born July 14, 2003 (minor child). The parties are also the natural parents of a minor child, Josiah, bom June 13, 2002, who is not a subject of this action.

(4) Mother resides in the Reading School District, and Father resides in the Hempfield School District in Lancaster County.

[234]*234(5) The parties were never married. The parties resided together from 2001 until late 2002.

(6) From birth until February 2,2007, the minor child resided with Mother. In February 2007, Berks County Children and Youth Services (CYS) recommended transfer of custody of the minor child to Father in order to protect the minor child from her brother, Josiah, who suffers from autism, and who would periodically assault the minor child. CYS also considered as a factor the condition of Mother’s home, which featured leaks in the roof and was without heat.

(7) From February 2007 to the present, the minor child has resided with Father.

(8) The minor child attends the East Petersburg Elementary School in Lancaster County and is enrolled in Kindergarten. She also receives daycare services at Penny Bauer’s Family Daycare, located at 2330 Leabrook Road, East Petersburg, Pennsylvania 17520.

(9) Mother currently resides with her two other daughters, Chantel Negron, born December 5, 1999, and Bianette Santiago, bom April 22, 2008. Josiah is currently in therapeutic foster care but does visit with Mother periodically.

(10) In addition to the minor child, Father resides with his paramour, Elisa Vollrath, and her daughter, who is attending college.

(11) Mother is currently unemployed.

(12) Father works for the Keystone Pretzel Bakery in Lititz, Lancaster County, Pennsylvania, as a mechanic for the past three years. He is employed Monday through Friday from 7 a.m. to 3 p.m.

[235]*235(13) At the time the minor child first moved in with Father, she was diagnosed with pervasive development disorder NOS (the umbrella for autism). She was placed in a restrictive classroom through the IU-13 for Early Intervention. She was reevaluated in April 2007. At that time, it was determined that it was no longer necessaiy to place the minor child in a restrictive classroom. She was then placed in a less restrictive classroom until July 2007, also through the IU-13 in Lancaster. Upon completion of the school year, she began to receive language support in August 2007, one time per week at the daycare, through June 2008.

(14) The minor child also began mobile therapy in the fall of2007 (12 hours per month) through Hugh S. Smith Ph.D. and Associates P.C. The therapy, which lasted until May 2008, helped her express her feelings and also addressed the expressive language disorder.

(15) In September 2007, CYS closed the case due to the fact that she remained in the custody of Father and her own behavior and mental health status had stabilized.

(16) On April 29, 2008, the East Petersburg Elementary School psychologist, Tom Shlegel, conducted a reevaluation of the minor child, identifying the minor child as a student with a disability under the category of speech or language impairment. The evaluation team recommended that the minor child receive speech/language support during her Kindergarten year. The team also agreed that her needs could be met within the regular educational environment, with academic support being provided as needed. The minor child has received speech therapy since the beginning of the current school year in a regular educational environment.

[236]*236(17) Jennifer A. Fernandez Ph.D., a psychologist with Hugh S. Smith Ph.D. and Associates P.C., evaluated the minor child on October 8,2008, and recommended that the minor child receive play therapy, as well as out-patient treatment, to address transition and adjustment issues that she may experience in the future. Dr. Fernandez also recommended that, given the minor child’s history of emotional behavioral concerns, she should receive management services from the Lancaster County MH/ MR office.

(18) Upon recommendation of Dr. Fernandez, the minor child is now receiving play therapy through Hugh S. Smith Ph.D. and Associates P.C., since October 2008, to help her identify emotions and deal with feelings, memories, etc., of her previous abuse.

(19) On or about August 10,2007, Mother commenced the within action, seeking custody of the minor child. Concurrently, she requested an emergency hearing to obtain custody.

(20) On August 21, 2007, after an agreement was reached, this court issued an order providing that Father should retain primary physical custody, with Mother to have supervised partial custody every other weekend from Saturday at 10 a.m. to Sunday at 6 p.m., to take place in the home of the maternal grandmother, who was to be present at all times. Additionally, it was agreed that Mother would not be present during exchanges of the minor child.

(21) On or about September 17,2007, Father obtained a protection of abuse order against Mother in the Court of Lancaster County for a term of one year. The order was entered by agreement, without admission.

[237]*237(22)Father has an extensive criminal record with multiple convictions for violent and drug related offenses. Father has also spent significant amounts of time incarcerated.

(23) An independent psychological evaluation was performed by Ivan P. Torres Ed.D., of Alpha Counseling and Mediation Center Inc. Dr. Torres provided a written report dated July 7, 2008.

(24) Dr. Torres prepared his evaluation based on information received from interviews with the parties, the minor child, and her sister, Chantel, home studies conducted of the parties’ residences, documentation received from Hugh S. Smith Ph.D., the Youth Advocate Program, CYS, Service Access Management, Child Family Services, as well as Father’s criminal history, and observations of the minor child with the parties and other individuals, and also the individual education plan for Josiah from the Berks County Intermediate Unit.

(25) According to Dr. Torres, the minor child initially was identified as suffering from autistic spectrum disorder. More recently, however, the diagnosis has been changed to reactive attachment disorder, inhibited type. Other diagnostic impressions have included adjustment disorder with mixed disturbance of emotions and conduct. Additional axis I diagnosis include learning disorder not otherwise specified and mixed receptive expressive language disorder.

(26) Currently, the minor child is prescribed psychotropics, namely, Risperdal, 0.25 milligrams per day, and Nortriptyline, one teaspoon per day.

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

Related

Wiseman v. Wall
718 A.2d 844 (Superior Court of Pennsylvania, 1998)
Alfred v. Braxton
659 A.2d 1040 (Superior Court of Pennsylvania, 1995)
Costello v. Costello
666 A.2d 1096 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
7 Pa. D. & C.5th 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercado-v-fuentes-carrion-pactcomplberks-2009.