Rinehimer v. Rinehimer

485 A.2d 1166, 336 Pa. Super. 446, 1984 Pa. Super. LEXIS 7023
CourtSupreme Court of Pennsylvania
DecidedDecember 12, 1984
Docket1909
StatusPublished
Cited by28 cases

This text of 485 A.2d 1166 (Rinehimer v. Rinehimer) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rinehimer v. Rinehimer, 485 A.2d 1166, 336 Pa. Super. 446, 1984 Pa. Super. LEXIS 7023 (Pa. 1984).

Opinions

WICKERSHAM, Judge:

Appellant, Dennis R. Rinehimer, appeals from a custody and visitation order entered in the Court of Common Pleas of Luzerne County.

Appellant is the father of two minor children, Shaun and Kevin Rinehimer. The boys are presently ages 3 and 2. At the time of appeal, appellant and Judith Rinehimer, Shaun’s and Kevin’s mother and appellee herein, were in the process of obtaining a divorce. Since the date of separation, shortly before the-younger boy’s birth, the boys have lived with their mother in the home of their maternal grandparents.

The parties entered into an agreement concerning custody and visitation, which was incorporated into an order on May 7, 1982. On December 13, 1982, appellant father filed a petition to modify that order. A master’s hearing followed, resulting in two interim orders, dated January 19, 1983 and February 11, 1983, providing for partial custody for the father. The matter was scheduled for review and further hearings on May 3, 1983. On May 12, 1983, the [449]*449lower court issued its final order. Appellant father filed 19 exceptions to that order, several of which were allowed by the court, and the rest dismissed. Appellant filed this timely appeal to both the final custody-visitation order and the order dismissing his exceptions. The lower court has provided us with two very thorough opinions, one dated June 16, 1983 and the second dated August 30, 1983.

Appellant argues not with the grant of primary physical custody to the mother, but rather with the amount and periods of time he is given partial custody.

Specifically, appellant raises the following issues before us:

I. Whether the lower court erred in establishing a partial custody schedule which effectively prohibits the Father-Appellant from taking his minor sons to services at his church, thereby precluding him from exposing them to the formal practices of his religious faith, which differs from that of Mother-Appellee.
II. Whether the lower court erred or abused its discretion in failing to grant Father-Appellant periods of partial custody consistent with the evidence, particularly the recommendations of both expert witnesses who testified at the hearing.
III. Whether the lower court erred in restricting Father-Appellant to one seven day period of continuous partial custody/visitation for the entire year.

Brief for Appellant at 12.

Our scope of review in child custody cases was recently defined in In re Donna W., 325 Pa.Super. 39, 472 A.2d 635 (1984) (en banc). “The scope of our review is broad; we must accept the trial court’s findings of fact, unless they are unsupported by the evidence, but on those facts we must make such order as our independent judgment persuades us right and justice dictate.” Id., 325 Pa.Superior Ct. at 42, 472 A.2d at 636. This broad scope of review does not nullify the long-established principle that the credibility of the witnesses and the weight to be given [450]*450their testimony can best be determined by the judge before whom they appeared. Id.1

The partial custody schedule- established by the lower court basically provides that appellant has the right of partial custody of his sons every Wednesday evening from 5:00-8:00 p.m. and every Friday evening from 5:00 p.m. until Saturday at 8:00 p.m. The order also provides for a continuous week of partial custody every July, plus provisions for holidays and birthdays. Appellant argues that because his period of custody terminates on Saturday evenings at 8:00 p.m., he is precluded from taking his sons to services at his church on Sunday mornings, which in turn denies his right to expose them to the formal practices of his religious faith.2

It is well established that in all cases involving child custody, the paramount consideration is the best interests and welfare of the child. All other considerations are deemed subordinate to the child’s physical, intellectual, moral, and spiritual well-being. In re Davis, 502 Pa. 110, 465 A.2d 614 (1983); K.L.H. v. G.D.H., 318 Pa.Super. 330, 464 A.2d 1368 (1983); Hall v. Mason, 316 Pa.Super. 160, 462 A.2d 843 (1983); Garrity v. Garrity, 268 Pa.Super. 217, 407 A.2d 1323 (1979); Trefsgar v. Trefsgar, 261 Pa.Super. 1, 395 A.2d 273 (1978). Religion is an important matter and should be given some consideration in child custody matters, but it is not determinative. K.L.H. v. G.D.H., supra; Commonwealth ex rel. Ackerman v. Ackerman, 204 Pa. Super. 403, 205 A.2d 49 (1964); see also Commonwealth ex rel. Bendrick v. White, 403 Pa. 55, 169 A.2d 69 (1961). In Morris v. Morris, 271 Pa.Super. 19, 412 A.2d 139 (1979), this court emphasized that “we neither intend to, nor are capa[451]*451ble of, rendering a value judgment on the intrinsic truth of the varied religious beliefs, but confine our investigation solely to any detrimental effect their practice may have on the development of the child.” Id., 271 Pa.Superior Ct. at 28, 412 A.2d at 144. Generally, where both parents demonstrate their desire to promote the religious education of the child, each in his or her own faith, the court shall assume a neutral stance as to the issue. See Commonwealth ex rel. Ackerman v. Ackerman, supra.

In the instant case, the lower court specifically found that no testimony whatsoever was presented that showed either religion involved — Roman Catholicism or Lutheranism — was harmful to Shaun or Kevin. (Lower ct. op., June 16, 1983 at 3). The record also supports ■ the court’s findings that: appellant goes to his church “when he can,” but not on a regular basis; appellant did not attend services or practice his religion when he was living with appellee; appellee attends her services in her church every week and takes the boys with her; appellee’s parish priest personally recalled their presence in church about three times per month; the boys were baptized Roman Catholics and had attended Catholic services with their mother all their lives; appellant’s desire to take the boys to his church was a prospective desire and not a request to continue a beneficial practice with them; appellant had no objection to the boys being raised as Catholics until they were old enough to make up their own minds; appellant did not wish to change what appellee was doing in reference to religion; appellant only desired to be able to expose the boys to his own réligious beliefs.

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Bluebook (online)
485 A.2d 1166, 336 Pa. Super. 446, 1984 Pa. Super. LEXIS 7023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinehimer-v-rinehimer-pa-1984.