Ramer v. Ramer

914 A.2d 894, 2006 Pa. Super. 359, 2006 Pa. Super. LEXIS 4485
CourtSuperior Court of Pennsylvania
DecidedDecember 11, 2006
StatusPublished
Cited by13 cases

This text of 914 A.2d 894 (Ramer v. Ramer) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramer v. Ramer, 914 A.2d 894, 2006 Pa. Super. 359, 2006 Pa. Super. LEXIS 4485 (Pa. Ct. App. 2006).

Opinion

OPINION PER CURIAM:

¶ 1 Pamela L. Ramer (“Mother”) appeals the trial court’s order granting primary physical custody of C.R. and M.R. (“the Children”) to Keith Ramer (“Father”). In support of her appeal, Mother argues that the trial court erred when it failed to consider Father’s criminal convictions, when it failed to appoint a qualified individual to evaluate and counsel Fáther and when it rested its decision upon offers of proof by counsel instead of testimony from witnesses. After careful review and study, we find that the trial court did not fulfill the requirements of 23 Pa.C.S. sections 5303(b) and (c) and, consequently, we vacate and remand the November 28, 2005 custody order for further proceedings consistent with this Opinion.

¶ 2 The trial court set forth the following factual background:

At the May 25 and November 28, 2005 custody hearings, [the trial court] heard testimony from both parents, [Father’s] stepfather Cloyd (Butch) Keister, [Mother’s] mother Carol Laudenslager, [Father’s] girlíriend/fíaneée Monique (Jewel) Hosier and psychologist Dr. Kasey Shienvold. The evidence presented was as follows: Prior to the parties’ separation, they lived with their daughters in northern Dauphin County. Mother tes[897]*897tified that during their relationship she primarily cared for the children since father worked either second or third shift and that he had limited involvement with the children. She claims to have been the primary disciplinarian and that he would routinely undermine her efforts. Father denied these allegations. Father also denied that mother primarily cared for the children, testifying that she would always sleep late in the mornings and stay up all night using the internet.
Mother, currently 26 years old and educated through ninth grade, alleged that prior to her separation, father abused her [ ]. She subsequently moved with the children, in early March 2005, to a Harrisburg shelter and then to a Lebanon County women’s shelter. While at the Lebanon shelter, mother was required to take parenting classes. She was later asked to leave the shelter for either sleeping with her boyfriend Brian Conklin there or because she failed to attend the parenting classes.
At some point after mother was living in the shelter, father hired a constable to remove the children and deliver them to him. She reluctantly agreed with the understanding he would give the children back to her in a few days. He failed to do that, according to mother. Father claimed that although he did not have a court order, he resorted to this extreme measure because mother would not let him see or speak with the children and he was worried for their safety, believing she was acting as she had just prior to their split. At that time, he claimed that she was staying up all night on the internet and sleeping through mornings.
After leaving the shelter, mother moved in with Mr. Conklin for a short time. Father testified that while Mr. Conklin was living with mother, Mr. Conklin contacted him on numerous occasions to alert him about mother’s inability to adequately supervise the children. After mother and Mr. Conklin broke up, mother moved in with Randy Light, a man she had known for only five or six weeks. She currently resides with Mr. Light in a rural Lebanon rental property. As of the first hearing, mother worked for her landlord, Mr. Light’s uncle, doing painting and trim work in exchange for free rent. By the November hearing, mother had obtained employment as a cashier working thirty hours per week.
Mother’s primary concern with father having custody is that father was previously convicted for sex offenses; on two occasions he conducted himself in an inappropriate sexual manner towards adult women. Mother also testified that while they lived together, father kept two or three sexually explicit tapes in their home. Mother is concerned that father might act sexually inappropriate towards their children, or might watch explicit tapes in [] their presence, although she made no such accusations that he had so acted during their relationship.
With regards to the tapes, father testified he has since disposed of all sexually explicit materials in his possession. With regard to his prior convictions, the record revealed that father first pled guilty in 1995 to indecent assault and indecent exposure. These convictions resulted when father, then twenty-six years old, exposed himself and touched the breast of an eighteen or nineteen year old woman. The victim babysat for one of father’s children (from a previous relationship) and occurred while he was driving her home. Father claimed that [898]*898the woman asked whether he would like to touch her. He denied exposing himself or wanting to touch her but did so when she asked a second time. He claims he decided to plead guilty since he did not have money to pay an attorney for a trial and did not qualify for a public defender. Father was sentenced to 23 months probation on these charges. In 1998, father pled no contest to indecent exposure and open lewdness. These charges resulted when he exposed himself and masturbated from the front door of his home in view of a neighbor woman. Father denied masturbating and claimed that both he and his neighbor would often walk around naked in their homes and that she had exposed herself first. Father was again sentenced to 23 months probation and also directed to attend one year of group counseling for sexual offenders at T.W. Ponessa. The exit summaries made by Ponessa reveal that father made fair to good progress on numerous factors for which he was evaluated. Father otherwise completed the terms of his probation and has not been involved with the criminal justice system since his 1998 plea.
Dr. Kasey Shienvold, a clinical psychologist who evaluated father as required under the Domestic Relations Code, testified at the November hearing. Dr. Shienvold, who conducted one interview and two personality tests upon father, concluded in his psychological evaluation that father lacks awareness and insight into his emotional functioning and tends to act impulsively. Specifically, he testified that father “appears to struggle with sexual boundaries in his adult relationships” but noted that father’s “inappropriateness was never reported to occur in front of or towards the children.” Dr. Shienvold explained that someone who lacks awareness of emotional functioning has a tendency to display whatever emotion he is experiencing in an impulsive response. The condition revealed itself in the two sexual offenses father committed, whereby he responded with poor judgment to situations of a sexual nature, with adults.

Trial Court Opinion (T.C.O.), 03/03/2006, at 2-3, 8-9 (internal citations omitted).

¶ 3 Following the two hearings, the trial court ordered that both parties share legal custody of the Children and granted Father primary physical custody of the Children. Mother then filed her notice of appeal and the trial court ordered that Mother file a Pa.R.A.P.1925(b) Statement. Mother filed her 1925(b) Statement and the trial court entered its opinion.

¶ 4 Mother presents the following questions for our review:

A. DID THE LOWER COURT COMMIT AN ERROR OF LAW WHEN IT GRANTED CUSTODY OF THE MINOR CHILDREN TO THE FATHER IN CONTRAVENTION OF 23 Pa.C.S.A. § 5303(b), WHICH INCLUDES A MANDATORY PROVISION THAT THE COURT CONSIDER CRIMINAL CONVICTIONS OF FATHER AND DETERMINE IF FATHER POSED A THREAT OF HARM TO THE CHILDREN?

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Bluebook (online)
914 A.2d 894, 2006 Pa. Super. 359, 2006 Pa. Super. LEXIS 4485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramer-v-ramer-pasuperct-2006.