Vollrath v. Vollrath

4 Pa. D. & C.5th 164
CourtPennsylvania Court of Common Pleas, Berks County
DecidedNovember 1, 2006
Docketno. 04-11429, I.D. #2
StatusPublished

This text of 4 Pa. D. & C.5th 164 (Vollrath v. Vollrath) 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
Vollrath v. Vollrath, 4 Pa. D. & C.5th 164 (Pa. Super. Ct. 2006).

Opinion

LASH, J,

— This court held a custody trial on October 11, 16 and 25, 2006. At issue is primary custody of the parties’ minor child, Lauren Vollrath, born June 7, 1999. The court makes the following findings of fact:

I. FINDINGS OF FACT

(1) Plaintiff, Paul D. Vollrath (Father), is an adult individual who currently resides at 982 Garfield Court, Warrington, Bucks County, Pennsylvania 18976.

(2) Defendant, Tracy M. Vollrath (Mother), is an adult individual who currently resides at 52 Wood Circle, Reading, Berks County, Pennsylvania 19607.

(3) Father and Mother are the natural parents of a minor child, Lauren Vollrath (Minor Child), born June 7, 1999.

(4) The parties were formerly married but are now divorced.

(5) The parties separated on December 19,2004, when Mother moved from the marital residence. Since the date of separation, Mother has had primary custody of the Minor Child, with Father having partial custody on alternating weekends and one weeknight every week.

[166]*166(6) The parties and the Minor Child resided in Willow Grove, Montgomery County, Pennsylvania, from the Minor Child’s birth until 2002. Later in 2002, the parties and the Minor Child moved to 8 Osprey Lane, Birdsboro, Berks County, Pennsylvania.

(7) When the parties separated, Mother moved to her present residence. Father remained in Birdsboro for a short time, then moved to his current residence in Bucks County.

(8) Father resides in the Central Bucks School District.

(9) Mother resides in the Governor Mifflin School District.

(10) The Minor Child attends daycare three days per week at the Flying Hills Preschool, located in the same residential complex where Mother resides. She attends approximately six hours per week during the school year and 30 hours per week during the summer.

(11) The Minor Child is deaf in one ear. The Governor Mifflin School District has taken the necessary steps to accommodate the Minor Child’s special needs.

(12) Father is currently employed as the IT Director for Chapman Management, located at 1170 Easton Road, Horsham, Pennsylvania, where he has been employed for the last 12 years. He works full-time with flexible hours.

(13) Mother is currently employed by the Hartford Fire Insurance Company at 600 Office Center Drive in Fort Washington, Bucks County, Pennsylvania 19034, having been employed there for the last nine and one-half years. Her work hours are Monday through Friday from approximately 8 a.m. to 4:30 p.m., but her hours are [167]*167flexible. She is permitted to work at home on Wednesdays and Fridays.

(14)Mother’s work commute is approximately one hour, one way.

(15)Father is remarried. His wife is Pamela Vollrath. She has three children from her previous marriage, John Tucker, born February 24, 1990, David Tucker, born February 11,1991, and Nancy Tucker, bom February 13, 1995. Her former husband and she share custody of their children.

(16) The Minor Child attends counseling with Lauren Fritz at Spring Psychological Associates in Sinking Spring, Berks County, Pennsylvania.

(17) Father’s home is a single-family home located on a cul-de-sac. The home is approximately 2,900 square feet, set on a half acre lot. It features four bedrooms, two bathrooms, a family room and a game room, among other things. Father’s home is suitable for rearing the Minor Child.

(18) Mother’s home is a three bedroom, two and one-half bath townhouse. There is a playroom for the Minor Child. The townhouse is in a residential community which features several playgrounds, a duck pond, fields, tennis courts, a basketball court and a swimming pool. Mother’s home is suitable for rearing the Minor Child.

II. DISCUSSION

In determining primaiy custody, this court considered the testimony of the parties, Father’s current wife, Pam, Mother’s paramour, Charles Tancini, called as of cross-examination, Mariann McNally, the controller at Father’s employment, Father’s current mother-in-law, Irene Spar[168]*168ango, the Minor Child’s counselor, Lauren Fritz, and various other friends and family members of both parties. This court also conducted an informal interview with the Minor Child. Also considered were the exhibits admitted into evidence and the questionnaires submitted by the parties, which were filed of record.

Father believes it would be best for the Minor Child if the parties’ current arrangement were changed and he would assume primary custody. For one, he argues that he would be more available for the Minor Child. Because he has flexible hours and because he lives close by the school where the Minor Child would attend if he had custody, the Minor Child would not be required to spend time in the daycare. He contrasts his availability to that of Mother who, because of her long commute, is substantially less able to provide quality time for the Minor Child. Additionally, because of Mother’s job location, the Minor Child is isolated during the day. Father is concerned that if an emergency or other substantial issue arose. Mother’s response time would be wholly inadequate.

Father states that he is ready and able to provide all the necessary caretaking and daily maintenance for the Minor Child. He cites his training with foster care agencies because his parents were foster parents and there were foster children living in his home while he was growing up. His training included safety and CPR. He also testified that it was he who worked with the Minor Child to help her learn to tie her shoes, to ride a bicycle with training wheels and to swim. He takes time with her educationally, such as helping her to learn about dinosaurs. He also likes to have fun and enjoys games and other forms of recreation with the Minor Child.

[169]*169Father believes that the Minor Child would also benefit by the presence of her stepbrothers and, in particular, her stepsister, Nancy, with whom she has a good relationship. Further, there are many children in the neighborhood who are always out playing and enjoy the Minor Child’s company. Additionally, Father has family members who live near his residence, contrasting this with Mother, who has no relatives living near her.

Father testified of his love for his daughter, stating: “It kills me to see her only four days a month.” He would like to increase the time, and would make himself available for that purpose, but claims that Mother refuses to work with him. On his scheduled Wednesday evenings, he has not been able to see the Minor Child because Mother has scheduled activities for the Minor Child after school, including cheerleading and dancing. She refuses to modify the schedule to work with him. She refuses to share in the transportation. She limits telephone conversations with the Minor Child. All of these things have denied him the time he wants to have with his daughter.

He stated that he and Mother have difficulty communicating. At first, the communication was reasonable, but has deteriorated. At this point, the parties communicate via e-mail. Mother fails to communicate with Father about school, medical or other day-to-day issues. He cites one occasion when the Minor Child was accidentally burned by a cigarette while at a swimming pool while the Minor Child was being cared for by the daycare.

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Cite This Page — Counsel Stack

Bluebook (online)
4 Pa. D. & C.5th 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vollrath-v-vollrath-pactcomplberks-2006.