Orbegozo v. Orbegozo

82 Pa. D. & C.4th 146
CourtPennsylvania Court of Common Pleas, Berks County
DecidedDecember 12, 2006
Docketno. 97-3486
StatusPublished

This text of 82 Pa. D. & C.4th 146 (Orbegozo v. Orbegozo) 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
Orbegozo v. Orbegozo, 82 Pa. D. & C.4th 146 (Pa. Super. Ct. 2006).

Opinion

LASH, J.,

This court held a custody trial on December 7, 2006. The issue was primary custody of the parties’ minor children, Starr Ashley Orbegozo and Katherine Orbegozo. This matter came to the court through a petition of plaintiff, Luis Orbegozo (Father), filed October 13, 2006, seeking a writ of ne exeat to enjoin defendant, Edna Orbegozo (Mother), from moving to Florida with the two minor children. On October 26, 2006, Mother filed a petition requesting permission to relocate to Florida with the two minor children. In lieu of proceeding to a hearing on the petitions, this court scheduled a trial to enable the parties to present all evidence sufficient to establish whether either of the petitions should be granted and whether the custody order entered in this case on December 15, 1999, shall be modified or remain in full force and effect.

The court makes the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Luis Orbegozo, is an adult individual who currently resides at 1220 North Sixth Street, First Floor, Reading, Berks County, Pennsylvania.

(2) Defendant, Edna Orbegozo, is an adult individual who currently resides at 2834 Somerset Park Drive, Tampa, Florida.

(3) The parties are the natural parents of Starr Ashley Orbegozo, bom April 17,1994, and Katherine Orbegozo, bom December 12, 1996.

[148]*148(4) The parties were married, but separated in either late 1996 or early 1997, becoming divorced in March 1998.

(5) In March of 1999, Mother married Jacob Maldonado, divorcing him in June 2006. Through this marriage, Mother bore two other children, Shenayah Maldonado, bom September 4, 1999, and Shanti Maldonado, born July 22, 2003.

(6) Mother relocated to her home in Florida on or about October 31,2006. Prior to that, she resided in Pottstown, since 1997.

(7) Mother’s two other children, Shenayah and Shanti, have relocated with Mother to Florida, by agreement between Mother and the children’s father, Jacob Maldonado. A custody arrangement has been agreed upon whereby Jacob Maldonado will have custody of his two children during the summer months.

(8) Father currently resides with his fiancée, Sanira Baez. The couple have resided together for approximately three years.

(9) On or about December 15, 1999, the Honorable Elizabeth Ehrlich entered an order setting forth that the parties would have joint legal custody of the minor children, with Father to have primary custody of Starr Ashley and Mother to have primary custody of Katherine. Additionally, the parties would alternate custody of the minor children every weekend from Friday at 5 p.m. to Sunday at 7 p.m., so that the children would be together each weekend. With the exception of some adjustments on pickup time, the parties have followed the terms of this order.

[149]*149(10) The custody arrangement changed temporarily and by necessity when Mother relocated in Florida in October 2006. Starr Ashley remained at Father’s residence, but Mother was unable to exercise her partial custody rights, based upon the relocation. Mother was prohibited from taking Katherine with her pursuant to a temporary writ of ne exeat issued by this court on October 13,2006, in furtherance of the relief sought by Father within his petition for writ of ne exeat. Because Katherine expressed that she did not want to reside with her Father, she temporarily moved in with the maternal grandmother, Maria E. Oquendo, who resides at 601 South Nineteen Street, Reading, Berks County, Pennsylvania, and began attending the 16th and Haak Elementary School in the Reading School District. Father retained his partial custody of Katherine on weekends.

(11) Mother is currently employed at Adecco as an administrative assistant, working Monday through Friday from 8 a.m. to 5 p.m., with her first day of work being December 11, 2006.

(12) While Mother resided in Pottstown, she was employed by Verizon. Based on conversations with Verizon, Mother expected and believed she was promised a position with Verizon at her new home in Florida. Upon arrival, Verizon informed Mother that they have a policy that they cannot hire someone who resigned from Verizon, for a period of six months. As a result, Mother was unemployed for roughly a two-month period.

(13) Father is employed at Gabe’s Lee Myles Transmissions, working Monday through Friday from 8 a.m. to 5 p.m. He also has a hobby working in his garage doing automotive repairs for his family and friends, which [150]*150he does on weekends when he does not have the children.

(14) Mother currently resides in the Hillsborough School District in Hillsborough County, Florida.

(15) Father currently resides in the Reading School District.

(16) Starr Ashley has attended parochial school at St. Margaret’s Roman Catholic School. Katherine attended public school in Pottstown until this past September when, as stated, she began attending the 16th and Haak Elementary School.

(17) Both parties have relatives living in or near Berks County, Pennsylvania.

(18) Mother has some distant relatives and acquaintances who reside in Florida in the proximity of Hills-borough County.

(19) If Mother has custody of the children, she would have baby-sitting service available for them during the period that they are home from school until she returns from work. The baby sitter, Sonya Melendez, would be available for the entire day, if necessary.

II. DISCUSSION

In determining primary custody, this court considered the testimony of the parties, Father’s fiancée, Sanira Baez, Mother’s ex-husband, Jacob Maldonado, the maternal grandmother, MariaE. Oquendo, Father’s nephew, Mario Bolivar, a friend of the family, Mary Kreider, an in camera conference with the minor children, and the exhibits of the parties.

Mother presented first. She states that she decided she wanted to move to Florida because it is a quiet, safer [151]*151area, compared to Reading, which is too busy. The cost of living is lower. She wants to provide an attractive environment to rear her children.

During the course of her deciding whether to move, Mother approached Father to advise him of her thoughts. Her hope was that Father would agree and work out an arrangement where he would see the children during the summers, much as her other ex-husband, Jacob Maldonado, did. According to Mother, however, Father wanted to move to Florida with her and renew their relationship. When Mother made it clear that she was willing to work with Father for the children, but had no interest in him romantically, then Father would not agree to an arrangement. At some point, the parties were close to agreeing that Mother would move with Katherine and Father would maintain primary custody of Starr Ashley. At this time, the parties each want to have custody of both children.

Mother testified that Katherine has no relationship with her father. For a short time after the parties separated, Father had custody of both children. Unfortunately, during this time, when Katherine was approximately seven months old, she was scalded and suffered second- and third-degree bums. It was determined by Children & Youth Services that Father negligently supervised the children, and the children were removed from Father’s care. Since that time, Mother has had custody of Katherine.

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Cite This Page — Counsel Stack

Bluebook (online)
82 Pa. D. & C.4th 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orbegozo-v-orbegozo-pactcomplberks-2006.