Weidemoyer v. Pomer

18 Pa. D. & C.5th 547
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedNovember 24, 2010
Docketno. 2000-FC-0861
StatusPublished

This text of 18 Pa. D. & C.5th 547 (Weidemoyer v. Pomer) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weidemoyer v. Pomer, 18 Pa. D. & C.5th 547 (Pa. Super. Ct. 2010).

Opinion

FORD, J.,

This custody dispute involves two decent, unmarried young adults and their two-year-old daughter, Claire. The parties lived together in Pennsylvania before Claire’s birth and for a period of time after her birth. They separated and resided in different locations in Pennsylvania. Recently, defendant, Colin Pomer (Father), relocated from Pennsylvania to Vermont to pursue an employment opportunity. He filed petitions for relocation and to modify an earlier custody order. In his petitions, he asks that he be granted either primary physical custody or shared physical custody of Claire. Father’s trial presentation was directed toward his receiving shared physical custody.

Plaintiff, Sarah Weidemoyer (mother), filed a complaint for custody. She also filed a pleading objecting to father’s petition to relocate with Claire. She is seeking to be named Claire’s primary physical custodian.

After a trial on the various petitions of the parties, conducted on October 20, 21, and 22, 2010,1 concluded that Claire’s best interests require that the parties share legal custody of Claire, that mother be the primary physical custodian and that father be given meaningful partial custody.

[549]*549Findings of Fact

1. Mother and father are both 22 years of age. Both matriculated at DeSales University in Center Valley, Pennsylvania, to begin their freshman year in the fall of 2006. They met during freshman orientation. After a period of dating each other, they moved from campus and lived together in one and then another apartment in Coopersburg, Lehigh County, Pennsylvania.

2. While they resided together, mother became pregnant. She delivered Claire Pomer on December 30, 2007. The parties had plans to marry, but they later cancelled their wedding plans. They resided together until September of 2009 when father moved from the second Coopersburg apartment to an apartment that he rented alone in Hellertown, Northampton County, Pennsylvania. Mother’s Coopersburg apartment was approximately twenty minutes driving time from father’s Hellertown apartment.

3. At a conference with Lehigh County’s custody hearing officer, the parties reached an interim agreement for custody of Claire whereby they shared legal custody of Claire and they shared physical custody by exchanging Claire every day. Claire also attended daycare during this time. The schedule was difficult and confusing for Claire.

4. Mother moved from the second apartment in Coopersburg to the home of the maternal grandmother’s cousin, Laura Gross, and her family in Bethlehem, Pennsylvania in July, 2010. Mother remained in Ms. Gross’s home until October, 2010. In that home, mother had her own room that she shared with Claire. Approximately one week before the trial in this case, mother moved from Ms. Gross’s home to her parents’ home in Perkiomenville, [550]*550Montgomery County, Pennsylvania. Mother’s move to Ms. Gross’s Bethlehem home was motivated by mother’s employment plans and by a desire to make the joint physical custody that existed at that time easier for both parties and Claire. Her move to her parents’ home was motivated by a combination of factors including family support, employment, and her education plans.

5. Mother works as a waitress at Applebee’s Restaurant in Quakertown, Pennsylvania with hours that vary each week between 25 and 45. She began that employment in the fall of 2010. For the summer of 2010, she worked at a sandwich shop. Before that, she worked at a daycare center for approximately one and a half years. Mother has plans to begin studies in early 2011 for a career in nursing. She has narrowed her search to two nursing programs.

6. In addition to her parents, mother lives with her two siblings, Maria Weidemoyer who is a seventeen-year-old high school senior and Molly Weidemoyer who is ten years old. Molly is a special needs child who has severe developmental delays due to low muscle tone. Mother’s parents provide financial and emotional support for mother.

They also support mother in her plans in regard to education and employment. The home in which mother presently lives is happy and healthy in all respects.

7. Father graduated from DeSales University in May 2010 with a bachelor of science degree in accounting.

8. Father had various part-time jobs, work-study positions, and internships during his four years at DeSales. In 2009, he began a serious job search with the goal of securing employment in the accounting field. His efforts [551]*551were concentrated in the New England and Pennsylvania areas. Father received only one offer of employment which came from National Life Insurance Company (“National Life”) in Montpelier, Vermont. Father accepted the offer in July, 2010. He now works there as a staff accountant at an annual salary of $40,000. He has a benefit package which includes Claire as a beneficiary.

9. Since S eptember 2,2010, father resides in Waterbury Center, Vermont where he lives with Claire. The home is part of an old farmhouse that was recently converted to an apartment building. It is pleasant, comfortable, and in a fine setting in all respects. The drive time from father’s home to mother’s home is approximately six and one half hours.

10. FatherwasraisedinLyndeborough,NewHampshire. He has a sister, Alyssa, who resides in Binghamton, New York, where she is a graduate student. Father’s mother is deceased. His father, John Pomer, resides inLyndeborough with Ellen Pomer, father’s step-mother. John Pomer and mother have had a falling out primarily over the wedding plans and the ill feelings continue. A substantial portion of father’s family resides in Vermont and New Hampshire. Several of father’s aunts and his maternal grandparents live approximately 15 to 20 minutes away from him. These relatives provide emotional support for father. They have already done some babysitting of Claire and have convincingly offered their services to assist father in taking care of Claire. They also offered help for father when any need arises.

11. Father took the position in Montpelier because of what it had to offer in terms of salary, benefits, work in his field of study, and proximity to his family of origin. Father [552]*552intends that his position will be permanent with National Life.

12. At present, father does not have a girlfriend. Mother has a boyfriend, Christopher Morrotto, since July of 2010. Mr. Morrotto attends a community college and works part-time at a local country club. He lives with his parents.

13. Mother’s family assists in babysitting Claire when the need arises. Mother also uses daycare for Claire. Claire has adjusted well to this daycare and is happy there. Father plans on using a daycare in Vermont during custodial times when he will have Claire.

14. Since father has moved to the Vermont area in August of 2010, Claire has lived with him for 18 days (to the date of trial). This included the period when mother went on a vacation with Mr. Morrotto and his family to North Carolina.

15. During her pregnancy, mother engaged in considerable self-education, primarily by reading and talking with others, about how to take care of a young child. She also underwent formal parenting education. Father recently completed a six-week parenting education course. Both parties completed Lehigh County’s COPE (co-parenting dducation) program.

16. Mother scheduled doctors’ appointments for Claire.

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Bluebook (online)
18 Pa. D. & C.5th 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weidemoyer-v-pomer-pactcompllehigh-2010.