Morganti v. Morganti

27 Pa. D. & C.5th 241
CourtPennsylvania Court of Common Pleas, Berks County
DecidedFebruary 14, 2013
DocketNo. 06-14183
StatusPublished

This text of 27 Pa. D. & C.5th 241 (Morganti v. Morganti) 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
Morganti v. Morganti, 27 Pa. D. & C.5th 241 (Pa. Super. Ct. 2013).

Opinion

BUCCI, J,

Findings of Fact

1. Plaintiffs Donna and Daniel Morganti, husband and wife (hereinafter referred to as “maternal grandparents”) are the natural parents of defendant, and the paternal grandparents ofthe child who is the subjectofthis litigation: Christian Henry, bom October 13, 2004 (hereinafter referred to as “the child”).

2. Plaintiff, Vicki Brown, (hereinafter referred to as “paternal grandmother”) is the mother of the child’s deceased father.

3. Defendant, Danielle Wenger (formerly Danielle Morganti, hereinafter referred to as “mother”), is the natural mother of the child.

4. Mother is currently married to Eric Wenger (hereinafter known as “stepfather”), and they have been married since December 12, 2009.

5. The natural father of the child (hereinafter referred to as “father”) is deceased.

6. Mother is a full-time, stay-at-home mother.

7. Mother has two other children from her present marriage, ages 4 years and 2 months, respectively, who [244]*244are the child’s half-siblings.

8. The child is very close to his half-siblings.

9. The child is very close to mother and stepfather.

10. Mother has had primary custody of the child since August 5, 2011 by agreement of the parties. Said agreement was adopted as an order of court on that same day (the “August 5, 2011 custody order”).

11. Maternal grandparents have two weekends of custody per month with the child per the August 5, 2011 custody order.

12. Attimes duringthe child’s life, maternal grandparents have had primary custody of him, and during most of those time periods mother resided in their house.

13. The initial custody order in this case, dated February 15, 2007, gave maternal grandparents primary custody of the child. At that time, mother was residing with maternal grandparents. Mother was told by maternal grandparents that they would not deny custody of the child to her.

14. Maternal grandparents failed to properly care for the child when they had custody, for example they failed to obtain necessary immunizations, failed to provide dental care, and failed to dress him appropriately.

15. Mother repeatedly attempted to regain primary custody of the child from maternal grandparents, and she was promised that they would give her full custody in three to six months if she would drop the then-pending custody action, which mother did do prior to this current proceeding. However, maternal grandparents refused to give custody back to mother until the day of the pretrial [245]*245conference on August 5, 2011.

16. Four days later, on August 9, 2011, maternal grandparents filed a “petition to recant oral agreement” stating thattheir oral agreement on the record andunder oath to give custody back to mother was not made voluntarily. The petition was denied. Maternal grandparents then filed an appeal to Superior Court, which was denied as well.

17. Maternal grandparents had filed a petition to modify during the pendency of the appeal which was held in abeyance pending the outcome of the appeal.

18. It is only as mother has gotten older and matured that she has been able to defend herself against maternal grandparents.

19. Maternal grandparents have historically controlled mother through fear and intimidation. Maternal grandparents have a toxic, harmful, estranged relationship with mother, which inures to the detriment of the child.

20. It is believed that maternal grandparents are currently subject to a Berks County Children and Youth Services (“BCCYS”) investigation concerning issues with the child while in their care, and concerning reports of abuse against their own children (including mother) while their children were growing up.

21. Mother recently disclosed that she was sexually abused by paternal grandfather while growing up, and that she was physically and verbally abused by maternal grandmother.

22. Mother’s brother Derrick Morganti also disclosed to BCCYS that he had been severely physically abused by [246]*246maternal grandparents while growing up.

23. Mother’s sister Desiree also disclosed that she was sexually abused by paternal grandfather while growing up.

24. Mother kept a diary as a child, and in this diary she detailed one of the incidents of abuse against her brother.

25. The child reported taking baths with paternal grandfather and has made other comments that concern inappropriate behavior.

26. The child has informed mother that if he “tells pop-pop’s (meaning maternal grandfather’s) secret, then pop-pop is going to jail” and the child will never see him again.

27. Maternal grandparents have engaged a systemic campaign to alienate the child from mother, which justifies limiting contact between maternal grandparents and the child.

28. The child has reported that maternal grandparents have told him that mother is a “liar”, that their home is his real home, that stepfather is “mean”, that mother caused father to die, etc.

29. When they had primary custody, maternal grandparents failed to keep mother informed of medical and dental and educational appointments.

30. Maternal grandparents consistently try to interfere in the relationship between mother and the child, which justifies limiting maternal grandparents’ partial custody.

31. Limiting maternal grandparents’ partial custody is [247]*247in the child’s best interests.

32. Maternal grandparents make custody exchanges difficult for the child. They have admitted to videotaping the exchanges over 20 times.

33. In the past year, paternal grandfather offered to buy the child from his mother for $10,000.

34. Maternal grandparents have told the child that he is not allowed to love his paternal grandmother.

35. The child and his mother have a very close and loving relationship.

36. The child has a very close and loving relationship with paternal grandmother and her family.

37. Mother and paternal grandmother cooperate and communicate regarding the child, and have a healthy relationship with each other.

38. The child has a very close and loving relationship with stepfather and his family, including stepfather’s mother who testified as a character witness for mother.

39. When the child returns from visits with maternal grandparents, he has behavioral issues and repeats negative comments made to him by maternal grandparents about mother.

40. The child has made the comment that he can “smile” when he is with his mother at her house. The inference is that he does not smile while he is in the partial custody of maternal grandparents.

41. It is not in the best interests of the child to have any contact with maternal grandparents at this time according [248]*248to the child’s counselor, RanaDimmig, MSS, MLSP, LSW of A New Dawn Family Solutions, LLC.

42. Maternal grandparents actions justify limiting or even terminating maternal grandparents’ partial custody rights.

43.

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Cite This Page — Counsel Stack

Bluebook (online)
27 Pa. D. & C.5th 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morganti-v-morganti-pactcomplberks-2013.