Seidel v. Feltenberger

38 Pa. D. & C.4th 520, 1998 Pa. Dist. & Cnty. Dec. LEXIS 189
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJune 30, 1998
Docketno. 96-11251
StatusPublished

This text of 38 Pa. D. & C.4th 520 (Seidel v. Feltenberger) 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
Seidel v. Feltenberger, 38 Pa. D. & C.4th 520, 1998 Pa. Dist. & Cnty. Dec. LEXIS 189 (Pa. Super. Ct. 1998).

Opinion

SCHMEHL, P., J.,

— This matter is before the court on exceptions to the report and recommended order of the child custody hearing officer.

PROCEDURAL HISTORY

On September 20, 1995, the maternal grandmother, Ann Seidel, Grandmother, filed a complaint for custody [522]*522for the minor child, Jessica. On December 1, 1995, the court entered an order by agreement granting primary physical custody of Jessica to Grandmother, subject to the rights of partial custody of Mother and Father. The order provided that the parties could relist the matter for an additional conference within one year by contacting the child custody conference officer. On October 21, 1996, Norman Venkler, Father, filed a petition for modification of the custody order, and Grandmother answered. On February 3, 1998, Jessica’s paternal grandmother filed a complaint for partial custody. The child custody hearing officer filed her report on March 11, 1998, and on March 18, 1998, Shari Feltenberger, Mother, and Father each filed exceptions. On June 8, 1998, after the child’s parents and grandparents all agreed and stipulated that the paternal grandmother would receive four hours of visitation with Jessica every other week and after Grandmother’s withdrawal of her continued claim for custody, the matter proceeded to a hearing on the issue of custody as between the parents.

FACTUAL BACKGROUND

Mother and Father began cohabiting a few months before Jessica’s birth on March 25, 1992, but never married. Mother had been employed up to the point of Jessica’s birth but then stayed home to care for the child. Father was employed full-time and also helped to run his father’s bar, particularly after his father’s death.

Mother and Father had an abusive relationship. Father often verbally abused Mother, and may well still do so in their limited contact. Although he denies it, in the view of the court, he physically abused Mother as well over an extensive period of time. Finally, in [523]*523June of 1995, Mother left with Jessica to live with her mother (Grandmother) and stepfather.

Prior to leaving Father, Mother was the primary caregiver for Jessica while Father worked to support them financially. Although Mother was employed at various times during their relationship, she and Father had always decided that Mother should stay home to care for Jessica. Furthermore, there were nights when Father would not come home from the bar but would stay there overnight, leaving Mother alone to care for Jessica. Apparently, Father was not significantly involved in the immediate day-to-day care of Jessica.

Upon moving in with her parents, Mother received their help in caring for Jessica. In December of 1995, Mother and Father agreed to give primary physical custody to Grandmother so that Jessica could be put on Grandmother’s insurance through her employment. The order by agreement also granted partial custody to Mother and Father. This order stood in effect until the present time, despite the fact that Grandmother was never able to put Jessica on her insurance.

Despite the December 1995 order, Father was able to obtain visitation with Jessica above and beyond that provided in the order simply by calling Mother and Grandmother. Around the time of Father’s filing his petition for modification, however, the situation changed, and Father asserts he no longer received extra time. He also allegedly had difficulty seeing Jessica even on his regularly scheduled time pursuant to the order. Mother and her parents testified that their lack of cooperation with giving Father more time had nothing to do with his petition, but rather was the result of Father’s constantly causing “trouble” after dropping off Jessica as well as Father’s wife’s calling Grandmother names during a contemporaneous telephone call. In any [524]*524case, there were more arguments and fights between the parties after Father’s petition was filed. Furthermore, at or about the same time, paternal grandmother was no longer able to see Jessica on her own.1 Grandmother testified that she ceased taking Jessica to see the paternal grandmother because of an alleged “nasty” phone call which she received from the paternal grandmother and not because of Father’s petition for modification.

While Jessica has been in Grandmother’s custody, several fairly important and major decisions regarding Jessica’s life were made without consultation with Father. Mother and Grandmother, together or individually, made arrangements for Jessica to be involved in soccer, to attend day care and kindergarten, to be baptized, and for a Florida trip over her birthday, among other things. Grandmother and Mother communicated very little, if at all, with Father. At the hearing, Mother testified that she could not talk with Father, particularly in person, because she feared renewed abuse and because she felt that she was not capable of communicating with him because of his argumentative nature. She stated the times that she tried to talk with him resulted in “nasty” arguments, and had the communication been in person, she believed she would have been physically abused. Grandmother testified that no one could discuss things with Father — they could “talk at, but not to [Father].”

[525]*525At the time that Father filed his petition for modification, Mother was residing on her own and without Jessica, who had remained with Grandmother. After the petition was filed, Mother moved back in with Grandmother. The reason given for Mother’s living on her own, without Jessica, was that she was not capable of supporting both of them at that time. She testified that she moved back in with Grandmother on the advice of counsel. In any case, the court finds that Grandmother has exercised significant control over Jessica and her affairs and may well have accomplished this by also controlling Mother’s life to the extent possible. Mother’s parents apparently do not think highly of her ability to survive on her own, despite having the income to do so.

The work schedules of Mother, second shift, and Grandmother, first shift, have allowed Mother to care for Jessica during the day and Grandmother to care for her in the evening. There was a period, however, where Jessica was placed in a day care to expose her to other children of her age. Mother and Grandmother were allegedly prompted to remove Jessica from the day care; however, because Jessica experienced problems, particularly with one boy, Justin, the son of Father’s wife. Justin’s behavior has since improved.

Mother testified that if she were granted custody of Jessica, she would maintain second shift during the summer months but move to first shift during the school year to spend time with Jessica. Father and his wife both work first shift and would necessarily require the use of a baby sitter or day care before and after school except for days when Father would be home early for weather-related reasons.

For the foreseeable future, Mother intends to continue living with Grandmother. Although Mother and Grand[526]*526mother have concerns about Father’s ability to care for Jessica and properly discipline her, both Grandmother’s and Father’s households are capable of caring for Jessica in a family atmosphere. In Grandmother’s household, Jessica would be living with Mother, Grandmother and Grandmother’s husband. At Father’s household, she would be living with Father, his wife and his wife’s son.

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Bluebook (online)
38 Pa. D. & C.4th 520, 1998 Pa. Dist. & Cnty. Dec. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seidel-v-feltenberger-pactcomplberks-1998.