Sexton v. Haug

72 Pa. D. & C.4th 284, 2005 Pa. Dist. & Cnty. Dec. LEXIS 145
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedApril 1, 2005
Docketno. AO6-03-61759-C-28
StatusPublished

This text of 72 Pa. D. & C.4th 284 (Sexton v. Haug) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sexton v. Haug, 72 Pa. D. & C.4th 284, 2005 Pa. Dist. & Cnty. Dec. LEXIS 145 (Pa. Super. Ct. 2005).

Opinion

GOLDBERG, J,

— Renee Sexton (Mother) has appealed this court’s child custody order of December 8,2004, which provided Mother and Robert Haug (Father) with joint legal custody and equal physical custody of the parties’ four children. We offer this opinion in support of our decision in accordance with Pa.R.A.P. 1925.

The history of the custody aspects of this domestic action are as follows: Mother and Father were married on November 30, 1991, and separated August 15, 2002. The marriage produced four children: Gabriel Haug (d.o.b. 12/16/93), Arielle Haug (d.o.b. 5/6/96), Luke Haug (d.o.b. 2/1/98), and Jeremy Haug (d.o.b. 5/12/00). By all accounts, the four children are thriving and well adjusted. Each child also has a loving and bonded relationship with both parents, despite the contentious nature of the relationship between Mother and Father and these proceedings.

While the parties were together as husband and wife, they lived in Jameson, Pennsylvania in a large single family home. Both Mother and Father were employed as chiropractors in an office that Mother started and Father later joined. In contemplation of children, Mother and Father structured their office hours to work on alternate days, so that, when one was at work, the other was home with the children. (N.T., 8/12/04, p. 37.) As a result, both parents spend considerable time with the children, changing their diapers, feeding and clothing them, and generally tending to their needs in an equal manner. Of the [286]*286two parents, Father did the majority of the housework, including cooking, cleaning, yard work, and at least some of the laundry.1 (N.T., 8/12/04, pp. 46-47, 53.) Mother never disputed Father’s substantial involvement with his children.

During the marriage, the parties maintained close relationships with both Mother’s and Father’s sides of the family. Mother’s parents were in telephone contact with them on a daily basis and would see them several times per week. (N.T., 10/1/04, p. 67.) They also traveled and vacationed together. (N.T., 10/1/04, p. 68.) Father’s brother and his family lived next door to the marital home. (N.T., 12/3/04, p. 243.) As Father and his brother each have children around the same ages, the two families would also see each other on an almost daily basis. (N.T., 12/3/04, pp. 243-44.)

On October 30, 1996, Mother was involved in a serious car accident that caused her physical injuries, including injuries to the brain. (N.T., 7/7/04, p. 55.) As a result of that accident, Mother suffered cognitive problems and anxiety attacks, and was unable to work for several months after the accident. (N.T., 7/7/04, pp. 46, 58.) After the accident, Father increased his role in taking care of the children. (N.T., 10/1/04, p. 70.) To make up for Mother’s absence at the chiropractic office, Father also increased his work hours from approximately 10 to 15 hours per week to 20 to 25 hours per week. (N.T., 8/12/ 04, pp. 40-41.) While Father was working and Mother recovering from her injuries, other family members assisted in taking care of the children. (N.T., 8/12/04, pp. 42-43; 12/3/04, p. 218.)

[287]*287In May 1997, Mother returned to work Wednesday afternoons for three hours per week. (N.T., 7/7/04, p. 59.) During this time Mother and Father both continued to remain active in raising the children. Father continued to do the majority of the housework and tasks associated with raising four young children. Father routinely involved the children in the household activities. For example, he would have the children assist him in cooking by having them mix pancake batter, or other similar duties. Arielle in particular would later develop a love for cooking. (N.T., 8/12/04, p. 55.) By way of further examples, Father would have one of the boys sit on his lap while cutting the lawn with his riding mower (N.T., 8/ 12/04, p. 53), and the children would mimic Father with a toy vacuum when Father was vacuuming the floors. (N.T., 8/12/04, p. 55.)

In 2001, Mother told Father she wanted a divorce. (N.T., 8/12/04, p. 12.) After failed attempts at marriage counseling, the parties worked with the counselor to develop a separation plan. As part of that plan, the parties agreed that the separation would be amicable, and that they would first set up Mother and the children in a new home and then set up Father in a new home. (N.T., 10/1/ 04, pp. 210-13.) Father always desired equal custody of the children and believed that that would happen after he and Mother were settled in their new homes. (N.T., 10/1/04, pp. 228-29.)

On August 15, 2002, Mother and the children moved out of the marital residence to a new home that Mother purchased in Newtown, Pennsylvania.2 (N.T, 7/7/04, p. [288]*28812; N.T., 10/1/04, p. 210.) This move was made in accordance with the parties’ plan and with Father’s cooperation and assistance, both financially and physically. (N.T., 8/12/04, p. 18.)

After separation, Father continued to see the children on a regular basis. By informal agreement, from August 2002 to October 2002, Father saw the children almost daily at Mother’s home and had them in his custody every Saturday night and while Mother was at work. (N.T., 8/12/04, pp. 74-76; N.T., 12/3/04, p. 37.)

By the fall and winter of 2002, the parties’ efforts at an amicable separation and divorce began to break down. In November or December 2002, Mother began to date Wayne Hirschbuhl. (N.T., 8/12/04, p. 30.) Mr. Hirsch-buhl is approximately 20 years older than Mother and owns a pool installation business. He lives in a sizable home in Ivyland, Pennsylvania that he refers to as a “gentleman’s farm.”3 (N.T., 10/1/04, p. 4.)

At approximately the time Mother began dating Mr. Hirschbuhl, Father stopped visiting the children at Mother’s Newtown hojne as often. Father testified that he did so because he did not want to interfere in Mother’s relationship with Mr. Hirschbuhl. (N.T., 12/3/04, pp. 37-38.) He did, however, continue to wish for an equal custody arrangement with Mother, and continued to have the children on Saturday nights and while Mother was at work. (N.T., 10/1/04, pp. 228-29.)

[289]*289Mother’s relationship with Mr. Hirschbuhl also strained her relationship with her parents, who have had very little contact with Mother since the end of 2002. (N.T., 10/1/04, p. 78.) Indeed, Mother’s parents have not been inside Mother’s home since she moved in with Mr. Hirschbuhl, and only see the children while they are with Father. (N.T., 10/1/04, pp. 86-87,102.) Father’s brother’s and sister’s testimony also made clear that their involvement with the children is limited to times when the children are with Father.

Beginning March 2003, Father increased his custodial time to have the older two children every Wednesday night and all four children on alternate weekends. (N.T, 7/7/04, p. 14; 8/12/04, p. 76.) In April 2003, Father ended his employment at the chiropractic office and began working for his brother’s tree service and landscaping business. (N.T, 10/1/04, p. 168.) He took this job because it provided a salary that was similar to what he had been making with Mother as a chiropractor4 and, most importantly, because it provided a very flexible schedule to allow him to spend time with his children. (N.T, 10/1/04, pp. 165-70.)

In May 2003, Mother and the children moved into Mr. Hirschbuhl’s home. (N.T, 7/7/04, p. 21.) Subsequently, Mother employed caretakers5

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Bluebook (online)
72 Pa. D. & C.4th 284, 2005 Pa. Dist. & Cnty. Dec. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sexton-v-haug-pactcomplbucks-2005.