Slimmer v. Steininger

4 Pa. D. & C.5th 88
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 17, 2008
Docketno. 02-8676
StatusPublished

This text of 4 Pa. D. & C.5th 88 (Slimmer v. Steininger) 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
Slimmer v. Steininger, 4 Pa. D. & C.5th 88 (Pa. Super. Ct. 2008).

Opinion

LASH, J.,

— This court held a child custody trial on April 14, 2008. The court makes the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Jennifer Slimmer (Mother), is an adult individual who currently resides at 742 North Eleventh Street, Reading, Berks County, Pennsylvania.

(2) Defendant, Richard T. Steininger (Father), is an adult individual who currently resides at 2806 Old Price-town Road, Temple, Berks County, Pennsylvania.

(3) Father and Mother are the natural parents of two minor children, Dakota James Steininger, born March 2, 2000, and Melissa Nicole Slimmer, born July 10, 2003.

(4) Mother currently resides with the minor children, her daughter, Selena Slimmer, born February 6, 1996, and Mother’s paternal grandparents, Richard and Marla Slimmer.

(5) Father currently resides with his father, Richard L. Steininger, and a third party described by Father as his father’s “godson,” Brian K. Kohl.

(6) Mother is currently unemployed.

(7) Father is employed with Temporary Star Staffing, working Monday through Friday from 6 a.m. to 2:30 p.m. and some Saturdays.

[90]*90(8) The parties were never married but resided together. It appears they separated sometime in February of2002, later resuming their relationship for a short time, during which time Melissa was conceived.

(9) Mother resides in the Reading School District.

(10) Father resides in the Oley School District.

(11) The minor child, Dakota, attended Muhlenberg School until about two months ago, when he was transferred to Reading School District. He was transferred to the Reading School District because neither parent resided in the Muhlenberg School District.

(12) After the parties’ separation, Mother, at some point, moved in with relatives in the Muhlenberg School District. At that time, she enrolled her eldest child, Selena, in the Muhlenberg School District. When Dakota became of school age, Mother and the minor children had already moved into Mother’s grandparents’ home in the City of Reading. However, Mother had continued to allow Selena to attend Muhlenberg School District and enrolled Dakota there as well, misadvising the Muhlenberg School District that they resided in Muhlenberg Township.

(13) Several custody orders have been entered in this case. The first was entered in September 20, 2002, by agreement, conferring upon Mother primary physical custody of Dakota, with Father to have partial custody every Saturday from 8 a.m. until 6 p.m. That order was amended on October 11,2002 to add provisions for Father’s Day and for Father to have telephone call privileges on Monday, Wednesday and Friday of each week.

[91]*91(14) On or about August 11, 2005, Father filed a petition to modify custody, ostensibly to add Melissa to the custody order. The petition to modify resulted in an order being entered on November 23, 2005, following a conference before the custody master, setting forth, among other things, that Mother would retain primary physical custody of both minor children with Father to have partial custody of the minor children every weekend from Saturday at 6 p.m. until Sunday at 6 p.m., and every Thursday from 6:30 p.m. until 8 p.m.

(15) Another conference was scheduled resulting in a custody order being entered on July 24, 2006 by agreement of the parties. The order modified Father’s time with the minor children such that Father would now have the minor children on alternate weeks from Thursday after Father concluded his work until Sunday at 5 p.m., and on alternate Tuesdays from 4 p.m. until the minor children’s bedtime.

(16) The most recent order was entered September 11, 2006, modifying the previous order, with Father now having partial custody on alternate weekends from Thursday after Father concludes work until Sunday at 7 p.m., and every Tuesday from 4 p.m. until 8 p.m. The order also required the parties and Dakota to attend counseling with Dan Smith, a licensed social worker.

(17) On or about May 7, 2007, Father filed a petition to modify the custody order of September 11,2006. It is this petition to modify which is currently before the court.

[92]*92(18) The parties were involved in several other court proceedings, including protection from abuse matters and investigations by Children and Youth Services.

(19) The first protection from abuse matter was filed by Mother against Father on April 2,2001 at docket no. 01 -3403,1.D. no. 1. Mother alleged that Father had been physically abusive for about a year. After an argument, he jammed his finger into her eye causing substantial injury. She alleges this altercation occurred in front of Dakota, who Father also “accidently” hit. That petition was resolved on April 9, 2001 by a final order being entered by agreement, setting forth that Father would have no contact with Mother, except for child custody purposes, for a period of 18 months.

(20) On January 27,2006, Mother filed a second petition at docket no. 01-3403,1.D. no. 2, requesting protection from abuse alleging that Father was stalking and threatening her. On February 3, 2006, the court, again by agreement, entered a final order setting forth that Father would have no contact with Mother, except for child custody purposes. The order was to remain in place for a period of 15 months.

(21) On February 22, 2006, Father was charged with indirect criminal contempt for violating the February 3, 2006 protection from abuse order. After hearing held on March 23, 2006, the Honorable Mary Ann Campbell dismissed the charge of indirect criminal contempt.

(22) On January 10,2006, Mother filed another protection from abuse petition (docket no. 06-7505,1.D. no. 1), this time on behalf of her three children, alleging that Father had improper, indecent contact with Melissa and [93]*93that Dakota had also been touching Melissa. This matter resulted in a Children and Youth Services investigation. On July 31, 2006, the petition was dismissed by this court.

(23) On January 8,2008, Mother filed a new protection from abuse petition (docket no. 01-3403,1.D. no. 3) alleging an altercation occurring while Mother was sitting in the driver’s seat of her vehicle while Father was placing Dakota in the car seat on the right rear passenger seat. In her petition, she states: “He tried to rip the passenger seat out and when he could not do it, he spit at me and our son. He was halfway into the car and I tried to drive off. He climbed into the car and punched me again. I drove off and he jumped out slamming the car door hitting our son’s hand injuring two fingers on his right hand.” On March 19, 2008, Mother withdrew this petition.

(24) In addition to the Children Services investigation against Father, as already set forth, Mother’s home was also investigated by Children and Youth Services. In both cases, Children Services made a finding of “unfounded.”

II. DISCUSSION

The issue is primary physical custody. In making our determination, this court considered the testimony of the parties, in camera conferences with the minor children, testimony from the maternal grandmother, Debra S.

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Cite This Page — Counsel Stack

Bluebook (online)
4 Pa. D. & C.5th 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slimmer-v-steininger-pactcomplberks-2008.