Orhegozo v. Barahona

13 Pa. D. & C.5th 213
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJune 18, 2010
Docketno. 97-3486
StatusPublished

This text of 13 Pa. D. & C.5th 213 (Orhegozo v. Barahona) 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
Orhegozo v. Barahona, 13 Pa. D. & C.5th 213 (Pa. Super. Ct. 2010).

Opinion

LASH, J.,

This court held a custody trial regarding the petition of defendant, Edna R. Bara[214]*214hona, to modify this court’s custody order entered on December 12, 2006, requesting a change in primary custody of the parties’ minor child, Starr Ashley Orbegozo, bom April 17, 1994. Trial was held on June 14, 2010. We enter the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Luis Orbegozo (Father), is an adult individual who currently resides at 10 Marshall Avenue, Reading, Berks County, Pennsylvania 19606.

(2) Defendant, Edna R. Barahona (Mother), is an adult individual who currently resides at 9415 Windermere Park Circle 201, Riverview, Florida 33578, and has resided there for a little over two years.

(3) The parties are the natural parents of two children, Starr Ashley Orbegozo, born April 17, 1994, (minor child), and another child, Katherine Orbegozo, born December 12, 1996. The custody of Katherine is not at issue in the within matter.

(4) On December 12,2006, this court, after trial held, entered an opinion and order dated December 12, 2006 providing, among other things, that the minor child would reside with Father during the school year and that Katherine would reside with Mother during the school year. The order also stated that the parties would “share custody during the summer months by splitting the time equally. This court recognizes that the school schedule may differ between Florida and Pennsylvania, so the parties should adjust accordingly to enable both of them to have equal time with the two children and to enable the two children to spend as much time with each other [215]*215as possible. Accordingly, it would be most feasible if the child whose school year ends first would travel to the home of the non-custodial parent for the first half of the summer. However, the parties can work out the schedule to their mutual satisfaction.” The opinion and order of December 12, 2006 is incorporated by reference and is made a part of this decision.

(5) Father resides in the Antietam School District, Berks County, Pennsylvania.

(6) Mother currently resides in the Hillsborough County School District in the State of Florida.

(7) The minor child attended parochial school at St. Margaret’s Roman Catholic School in Reading, Pennsylvania, through the 2008-2009 school year. For the 2009-2010 school year, the minor child was enrolled in public school at the Antietam School District in the Borough of Mt. Penn, Berks County, Pennsylvania.

(8) Father is employed at Lee Myles Transmission in Reading, Berks County, Pennsylvania, working Monday through Friday from 8 a.m. to 5 p.m.

(9) Mother is employed for Catholic Charities in Ruskin, Florida, with hours from Monday through Friday from 8 a.m. to 5 p.m.

(10) In addition to the minor child, Father resides with his wife, Samira. The couple has a child, Josian, bom March 25, 2007.

(11) In addition to Katherine, Mother currently resides with her two children from a prior marriage to Jacob Maldonado, Shenayah Maldonado, bom September 4, 1999, and Shanti Maldonado, bom July 22, 2003.

[216]*216(12) Mother relocated to Florida on or about October 31, 2006. Prior to that, she resided in Pottstown, since 1997.

(13) After being divorced from Father, Mother remarried for a third time, but separated from her current husband in April 2009. There is no divorce action pending.

(14) The minor child has admitted to her parents that during the past year she has engaged in the abuse of drugs and alcohol, has smoked cigarettes, has failed to attend school without permission on two occasions, and did not attend after school classes, which were scheduled to help her pass her curriculum. The minor child has flunked two subjects, English and Ehstory, and is required to either attend summer school or to make up the failed subjects in the next school year.

(15) If the minor child continues to reside with Father for the 2010-2011 school year, Father intends to enroll her at Holy Name High School, a parochial school.

(16) If the minor child resides with Mother during the 2010-2011 school year, Mother would enroll the minor child at the Spoto School District, as the State of Florida provides flexibility in choosing which school district a child will attend.

(17) Father’s household provides sufficient accommodations for the minor child, who has her own bedroom.

(18) If the minor child resides with Mother, the minor child would share a bedroom and a queen size bed with her sister, Katherine. The accommodations are sufficient.

[217]*217(19) On December 23, 2009, representatives of the Caron Treatment Center recommended that the minor child attend a drug and alcohol support group either at school or in the community The minor child did attend Pennsylvania Counseling Services, set-up through the assistance of her guardian ad litem. Additionally, at the request of this court, the minor child attended three counseling sessions with Sandra L. Lamma L.C.S.W., for assessment.

II. DISCUSSION

Both parties seek primary physical custody. In making disposition, this court considered the testimony of the parties, the in camera conference with the minor child, the stipulations of the parties on the record, and the exhibits submitted by the parties, including a treatment summary from Sandra L. Lamma L.C.S.W.

The petition to modify accrued from the minor child’s stated desire to relocate to Florida to reside with her Mother, and due to Mother’s concerns that Father cannot control the minor child’s behavior.

The minor child has made it clear to her parents and her guardian ad litem that she wants to reside with her Mother and that her behavior will improve if she is permitted to relocate to Florida. As stated, she has been involved in illicit activities, putting her at risk for potential disaster, either through addiction, teen pregnancy, or a criminal record. However, it does not appear that she has committed to this behavior, rather she is experimenting. Part of her appears to want to avoid this type of behavior.

[218]*218It is Mother’s position that the relocation would improve the minor child’s behavior in two ways. First, the minor child would be permanently separated from her peers, who are also engaged in improper behavior and who are a negative influence. A relocation would provide a fresh start and the ability to make new friends. Separation from the negative peers while residing with Father would be more difficult because the peers would continue to try to associate with her, and the pressure and temptation would remain strong.

Additionally, Mother believes that she is more capable of providing structure for the minor child than is Father. Mother would require that the minor child advise her at all times “where she is at, who she is with, and how I can contact her.” If the minor child disobeyed Mother’s rules, Mother would provide appropriate sanctions. Mother’s supervision would be considerable and constant. When Mother is unavailable, Mother’s sister and the maternal grandmother would also be available to supervise.

Mother would also have the minor child enrolled in programs.

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13 Pa. D. & C.5th 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orhegozo-v-barahona-pactcomplberks-2010.