West v. West

27 Pa. D. & C.4th 9, 1995 Pa. Dist. & Cnty. Dec. LEXIS 94
CourtPennsylvania Court of Common Pleas, Berks County
DecidedOctober 31, 1995
Docketno. 4247-90 A.D.
StatusPublished

This text of 27 Pa. D. & C.4th 9 (West v. West) 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
West v. West, 27 Pa. D. & C.4th 9, 1995 Pa. Dist. & Cnty. Dec. LEXIS 94 (Pa. Super. Ct. 1995).

Opinion

GRIM, /.,

The above captioned matter is a custody dispute. The following are the pertinent facts.

The parties were formerly married. They are the parents of three children: Rebecca S. West, Becci, bom November 13, 1979, William Brady West, Brady, bom December 9, 1987, and Gary N. West, born March 15, 1990. Plaintiff, William J. West Jr., father, is an obstetrician/gynecologist. During the marriage he was employed as an intern and resident. Defendant, Rebecca West, mother, had been employed as an executive secretary for a hospital but quit after the birth of Brady to stay home and care for the children. Mother now attends college in a two year course of study to become a physical therapist assistant. Upon her graduation she will receive an associate’s degree.

The marriage was troubled. Mother alleges that father physically abused her throughout the marriage and even [11]*11after the separation. Father denies that he abused mother. He does not deny, however, that he had touched mother, but he states that such contact had been in the form of pushing rather than hitting or slapping and had been occasioned by mother’s provocation and/or prior physical conduct.

During the marriage the parties lived in Havertown, Pennsylvania. They separated two months before Gary’s birth when father vacated the marital residence. Several months later Father began living with his paramour, Jeanne, whom he eventually married.

They have a daughter who is approximately 1 year old. The present Mrs. West is a registered nurse. She works one to two days per week when father does not have custody of his children.

Mother has a steady relationship with another man. Father has met him and has no problems with him or with his behavior towards the children.

Custodial problems began soon after the separation. Mother nursed Gary and did not want father to remove Gary from the household. She agreed that father could come to the former marital residence for visitation. Father, however, insisted that he be allowed to bring his paramour along for the visitation. A court order resolved these conflicts.

After father finished his residency he obtained a position in a Reading medical practice. The parties believed that it was in the children’s best interests for them to live near father. Therefore, father had a home built for mother and the children in the Wilson School District. Even though mother is from Cumberland County and her family still resides there she agreed to this arrangement. Father lives in the same school district, approximately one mile away.

[12]*12Custody of the children has been governed by a consent order dated March 11, 1991, whereby the parties share legal custody and mother has primary physical custody. Father testified that he had agreed to such an arrangement because the boys had been young and he had believed that mother would take good care of the children. His lawyer had also informed him that these provisions are customary.

Father testified that he now seeks primary or shared custody because the children are now older and want to spend more time with him and mother resists granting him more time. Under a temporary order pending the resolution of the custody proceeding the parties alternated custody monthly. Father insists that these arrangements worked out fine. Mother believes that it was confusing for the younger children.

Father contends that problems have occurred during exchanges of the children; the parties argue and engage in name-calling in the children’s presence. Father also complains that mother has too much control over the children and refuses to allow him to have any extra time with them when he or the children want it. Father testified that beginning three years ago Becci, especially, has requested more visitation and that mother usually has refused such requests. For a long time father wanted overnight visitation during his weekly Thursday evening visitation. Mother originally denied his requests but eventually she permitted the children to stay overnight on the Thursday evenings preceding her weekends.

The parties engaged in counseling sessions to attempt to parent and cooperate better, but the counseling was largely unsuccessful. They admit that they should get along better but given their present state of mind they are unable to do, so.

[13]*13Father believes that he is better able to handle parenting decisions than mother. He thinks that mother relies too much on the advice of therapists, counselors, and lawyers. He testified that he does not have to consult with other professionals to make decisions. He always made the decisions regarding the children during the parties’ marriage because by his own assessment he has more education and intelligence than mother.

In point of fact, father has continued unilaterally to make decisions regarding the children without consulting mother in direct violation of her wishes despite the fact that under the current order mother has primary physical custody and shared legal custody. For example, father wanted to take the children to Disney World during the school year; mother wanted father to wait until school was over. Father ignored mother’s wishes and took the children out of school for a vacation in Disney World. Father testified that he saw no problem with this and that he does as he pleases with his children.

In another instance, father had desired to take the children on a weekend which was not his under the custody order. Mother had agreed, but had informed father that he should not keep them overnight during his Thursday evening visitation and if he did, then she would assume that he no longer wanted the children for that weekend. Father had replied to mother’s concession by telling her that he was keeping the children overnight and also taking them away for the weekend. In retaliation to father’s disregard of her request, mother made the children unavailable to father on the weekend. Father became extremely angry and called mother’s residence, leaving a message on the answering machine in which he called mother a vulgar name and told the children that mother had ruined the weekend for them.

Father also wants to care for the children during mother’s vacations. Last year mother had her grand[14]*14mother care for them during her vacation instead of allowing father to do so. Father contends that he and the grandmother do not enjoy a good relationship and that the grandmother denigrates him in the children’s presence.

Father contends that the other significant problem besides mother’s imposing unreasonable limitations on his access to the children is money. Father pays 45 percent of his income to mother under the terms of the parties’ separation agreement. Father testified that even though mother gets more than $50,000 per annum she constantly asks him to pay for incidentals such as Becci’s band trips, chorus trips, and soccer registration fees, children’s birthday gifts, sports equipment, Gary’s daycare expenses, a flute, and all the children’s haircuts. Over the past two years father has refused to pay for chorus and band trips, Gary’s daycare expenses, and Becci’s cheerleading outfit. Father testified that in 1994 he had paid $2,500 in extra expenses for the children.

Father admits that he discusses his alimony obligation with Becci. He testified that he does so because Becci is intelligent enough to understand it and she is entitled to know the truth.

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Bluebook (online)
27 Pa. D. & C.4th 9, 1995 Pa. Dist. & Cnty. Dec. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-west-pactcomplberks-1995.