Meyer v. Meyer

10 Pa. D. & C.5th 532
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedJanuary 15, 2010
Docketno. 10993 of 2008
StatusPublished

This text of 10 Pa. D. & C.5th 532 (Meyer v. Meyer) 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
Meyer v. Meyer, 10 Pa. D. & C.5th 532 (Pa. Super. Ct. 2010).

Opinion

PICCIONE, J.,

Before the court for disposition is the complaint for custody filed by Edward J. Meyer, the plaintiff (Father) against Patricia J. Meyer, the defendant (Mother). On June 17,2008, Father filed the complaint seeking custody of the parties’ two minor children, [ ] bom July 22, 1991 and [ ] bom April 26,1997. Subsequent to the filing of the complaint, [534]*534[ ] has reached her maturity and is no longer a subject of these custody proceedings.

The parties were married on June 22,1990, resided in Lawrence County, Pennsylvania and separated on June 13, 2008. Subsequently, Mother remarried on October 23,2009 to James Smith. Father testified he is presently not married nor in any relationship.

Mother and her current husband reside in Lawrence County in the Wilmington Area School District in a three-bedroom, two-bathroom home, which sits on a one and one-fourth acre lot. Father resides in the Wilmington Area School District in Lawrence County in a two-bedroom, one-bathroom apartment. The apartment is rented by Father’s mother who is currently residing in a nursing home.

The minor child, [ ], is currently in the seventh grade having attended the Wilmington Area School District. Presently, the child is enrolled in cyberschool.

The parties’ other child, [ ], resides with Father and is presently attending Penn State University — Shenango Campus and working part-time at Taco Bell. She testified that she has no relationship with Mother.

The court heard testimony from Amy Pidro, guidance counselor of the Wilmington Area School District, who testified that she has had contact with the minor child and did not recommend enrollment of the minor child in cyberschool. The court also considered testimony of James Smith, Mother’s present husband, James Meyer, (age 21), Mother’s son with Mr. Smith, Sandy Copper, Lawrence County Children and Youth Services Admin[535]*535istrator, Jeff Sunderman, counselor at Clover Psychological Association, Father, Susan Rizzo, the minor child’s paternal aunt, and Mother. The court also heard testimony in chambers, with counsel present, from the minor child.

Father works at King’s Auto Sales with working hours of 7:30 a.m. until 5 p.m. Monday through Friday, 7:30 a.m. to 8 p.m. on alternate Mondays and one weekend per month on Saturday from 9 a.m. until 1 p.m. Mother is currently unemployed, in good health and has a Social Security case pending due to an injury to her leg. Father describes his health as excellent.

Both parties have attempted to portray the other party as having engaged in conduct that has placed the minor child at risk; however, the court finds that, though both parties may be deficient in some aspect of their parenting skills, both parents do indeed love the minor child.

The court received testimony regarding the parties’ marriage. Mother testified that Father was physical with Mother, hit her, belittled her and engaged in name calling. The parties presented a history of protection from abuse filings during their marriage, including a protection from abuse brought by Mother on behalf of the minor child against Father. Sandy Copper, Lawrence County Children and Youth Services, testified that she knows Mother and testified as to an incident on or about November 2008 where she was contacted by the Northwest Regional Police Department regarding problems Mother was experiencing because of the child’s visit with Father. She reported that Mother was upset because at [536]*536the weekend visit, the children had gotten into a fight over socks and the minor child was hit. The child reportedly stated that Mother told her that Father did not love her and was only taking her because he did not want to pay child support. Ms. Copper further testified that Mother became boisterous with her when confronted with this information.

The court also heard testimony from Jeff Sunderman, counselor with Clover Psychological Association, and from James Smith, Mother’s current husband. The court concludes from this testimony that so long as James Smith abides by the recommendations of Clover Psychological Association and the terms and provisions of the residential contract and expectations signed by Mother and James Smith on December 8, 2008, are adhered to, James Smith does not pose an exceptional risk to the health and safety of the minor child.

Mother testified that Father has had in the past and currently continues to have a problem with alcohol. Father has two prior driving under the influence violations, but denies any current alcohol consumption. Father further denies use of any non-prescriptive drugs or controlled substances.

The minor child testified in chambers before the court with all counsel present. The court finds the child to be alert, coherent and aware of her surroundings and situation. The court also believes that the child has been negatively impacted by the conduct of her parents toward one another and within the family relationships. Specifically, it was difficult for the child to maintain focus, [537]*537and was restless when answering the court’s questions about her schooling. The child was somewhat evasive and unclear regarding cyberschool. However, her remarks about attendance at public school seemed to focus more on difficulties that she was having with another student that had not been appropriately handled by Mother. During in-court testimony, questions were raised about the child’s cleanliness, body odor, her rash and scalp condition. The court observed what appeared to be a generally healthy child who exhibited evidence of psoriasis or eczema. The court would note that both parties have been aware of this condition as it seems to have predated their separation. Though the child has been to one dermatologist, Mother testified that she is getting around to taking the child to another dermatologist and Father seems content in just allowing Mother to handle this situation and to complain about it when he perceives the opportunity to do so may benefit him. The court heard no testimony from either of the parties that the parties are conscientiously handling the minor child’s skin condition. The court further finds that the parties have inadequately attempted to establish communications between themselves regarding the minor child.

Throughout the proceedings, the court observed Mother engaging in conduct in the nature of her body language, her facial expressions and her responses wherein she was more interested in attempting to “score points” against Father as opposed to recognizing the impact upon the minor child. The court is particularly concerned with Mother’s decision-making process concerning and impacting the minor child. In particular, the [538]*538unilateral decision to place the child in cyberschool. It appears to the court that this decision was made without the direction of the Wilmington Area School District guidance counselor and without the knowledge of Father. Further, it appears it was Mother’s solution to resolve a difficulty the child was having with another child, rather than seeking assistance from the appropriate school personnel to address the problem in school. As a result, the court believes this child is already behind in her social and academic development. The court has no doubt that Mother and child are good friends, but what the court is not so sure of is that Mother is aware of the child’s needs, and the guidance, direction, appropriate disciplining and structure the child requires as the, child progresses to adulthood.

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Cite This Page — Counsel Stack

Bluebook (online)
10 Pa. D. & C.5th 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-meyer-pactcompllawren-2010.