Norris v. O'Brien

60 Pa. D. & C.4th 335, 2001 Pa. Dist. & Cnty. Dec. LEXIS 332
CourtPennsylvania Court of Common Pleas, Columbia County
DecidedJanuary 22, 2001
Docketno. 169 of 1999
StatusPublished

This text of 60 Pa. D. & C.4th 335 (Norris v. O'Brien) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norris v. O'Brien, 60 Pa. D. & C.4th 335, 2001 Pa. Dist. & Cnty. Dec. LEXIS 332 (Pa. Super. Ct. 2001).

Opinion

JAMES JR., J.,

Pursuant to a stipulated order dated April 5, 1999, plaintiff and defendant were granted shared physical custody of their minor child Katie Elizabeth Norris, born March 7,1997. Defendant/ mother had physical custody every other weekend, one additional night each week, and other times as the parties agreed. Plaintiff/father had physical custody for the balance of the time. This arrangement was modified by court order dated January 25, 2000, which continued shared physical custody, but modified the time, with each party having physical custody of Katie on alternating weeks.

[337]*337On June 28, 2000, plaintiff filed a petition to again modify the custody order and to seek primary physical custody of Katie. The special master recommended that the existing arrangement remain the same. Plaintiff filed exceptions. A custody modification hearing was held before the court January 10, 2001. Although defendant did not file a pleading, she proposes that the order be modified granting her primary physical custody of Katie. At the hearing, both parties specifically said that they did not want to continue the present alternating week arrangement. Both parties want Katie to be in a primary environment, particularly since she will be attending preschool in the fall of 2001.

At the hearing, plaintiff’s witnesses included plaintiff himself; Candi Norris (plaintiff’s present wife); Cindy Neidig (plaintiff’s mother); and Nicole Norris (plaintiff’s sister). Defendant’s witnesses included defendant herself; Amy Kase (defendant’s supervisor at work); Trina Yerger (defendant’s co-worker); Jackie Curry (defendant’s sister); Jennifer Wells (defendant’s sister); Edith O’Brien (defendant’s stepmother); and Jeremy Young (defendant’s present husband).

Plaintiff’s exhibits consisted of photographs of his residence, of the children, and of certain toys; Katie’s medical records; plaintiff’s wife’s day-care documents; and informational documents about the Hershey and Millville school districts. Defendant offered no exhibits.

FINDINGS OF FACT

The court finds that the following facts have been proved:

[338]*338(1) Plaintiff is Jamie Lee Norris, age 24, bom February 5, 1975. He lives at 142 Washington Ave., Hershey, Pennsylvania, in a remodeled farmhouse situate on three or four acres in a mral setting. His wife, Candi Norris, age 28, and her three children (Lee, age 11; Kaitlyn, age 8; and Casey, age 4) also reside in the house.

(2) Defendant is Kimberly O’Brien Young, formerly Kimberly Anne O’Brien, age 27. She resides at 30 Hons Lane, Millville, Pennsylvania, in a three bedroom farmhouse situate on 74 acres in a mral setting. Her husband Jeremy Young, age 20, and her daughter Erin, age 5, also live in the house.

(3) Defendant’s son Corey, age 10, has lived primarily with his aunt and uncle for the last seven years as a result of an abusive situation with a former paramour of defendant. The abusive paramour was jailed for the offense. (Defendant was also a victim of the paramour’s abuse.) Corey lives with defendant every other weekend. Defendant is attempting to regain full custody of Corey at the end of this school year, although a bond has developed between Corey and his aunt and uncle. Corey’s natural father has had no contact with Corey since birth.

(4) Erin’s natural father has had no contact with Erin since her birth.

(5) Defendant had a child with her abusive paramour approximately seven years ago. That child was put up for adoption.

(6) Candi Norris’ children Lee and Kaitlyn live with their natural father approximately four weeks each summer in West Virginia. Her daughter Casey visits with her natural father approximately every other weekend.

[339]*339(7) Defendant married Jeremy Young, age 20, on November 25, 2000. Mr. Young and defendant had dated since June 1999 and lived together for some time before their marriage. Mr. Young is a good worker and has a steady job installing computer lines. He works from 8 a.m. to 4 p.m. Monday through Friday, and sometimes on weekends.

(8) Plaintiff married Candi Norris on May 12, 2000. Plaintiff has a steady job as a heating and air conditioning technician. He is a good worker. His hours are normally 8 a.m. to 4:30 p.m. Monday through Friday, and he is on call one weekend each month.

(9) Candi Norris had been a medical assistant and medical secretary for approximately six years until July 2000, when she established her own in-house day-care business. She made the change to accommodate her daughter Casey and also Katie, so they would not have to go to a third-party provider. She has proper facilities to take care of up to seven children plus Casey and Katie.

(10) Katie has a close relationship with Casey as well as with Lee and Kaitlyn. Katie also has a close relationship with her half-sister Erin.

(11) Plaintiff and Candi Norris provide a very beneficially structured environment for Katie and for Candi’s other children.

(12) Plaintiff and his wife have also been very attentive to Katie’s medical and dental needs. Katie has allergies to pets, dust and mold. Plaintiff normally arranged dental and medical care when the parties lived together and while plaintiff lived in Montour County. Plaintiff is a very solid and responsible parent.

[340]*340(13) Defendant is employed as a unit secretary at Millville Health Center. She works from 7 a.m. until 3 p.m. Monday through Friday, and a minor amount of overtime. She is a steady and good worker. She is well liked by her fellow workers and by the patients at the health center.

(14) Defendant has many supportive relatives and friends in the Columbia County area.

(15) Despite her obvious personal difficulties in her late teenage years and early twenties, defendant has become a hard worker and relatively stable person. She is very personable and offers her children sincere personal warmth and caring.

(16) Erin goes to preschool and to a day-care center when defendant is at work, as will Katie if defendant has custody during the week.

(17) The parties were not married when Katie was bom, but lived together for almost two years after her birth. After they separated, the parties worked well together arranging custody of Katie. Plaintiff had custody a little more than defendant did.

(18) Plaintiff decided to move to Hershey in approximately January 2000. He wanted to live with Candi. His family was from that area, and he believed that job opportunities and the schools were better in the Hershey area.

(19) Since plaintiff moved to Hershey, the parties have exchanged custody weekly. Although the arrangement has provided Katie an opportunity to bond equally with both parents, the arrangement is becoming confusing to her. She is having difficulty relating to who is her fam[341]*341ily, particularly who is her mother. Katie has a difficult time adapting to the custody exchanges each week.

(20) Both parties believe that Katie needs a primary home and more stability, particularly since preschool starts soon.

(21) Both parents have provided Katie with love and affection.

(22) Both parents provide Katie with appropriate discipline.

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Bluebook (online)
60 Pa. D. & C.4th 335, 2001 Pa. Dist. & Cnty. Dec. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-v-obrien-pactcomplcolumb-2001.