J-S04036-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

D.A.T.

v.

R.M.T. 

Appellant

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:

:

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:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1383 MDA 2020

Appeal from the Order Entered September 30, 2020

In the Court of Common Pleas of Schuylkill County Civil Division at 

No(s): S-841-2020

BEFORE: OLSON, J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED MAY 04, 2021

R.M.T. (“Father”) appeals from the custody Order regarding his 

daughter, H.T. (“Child”) (born in December 2014), with D.A.T. (“Mother”), 

pursuant to the Child Custody Act (“the Act”),

1 23 Pa.C.S.A. § 5328(a), that 

awarded shared legal custody to Father and Mother, primary physical custody 

to Mother, and partial physical custody to Father, in accordance with a 

schedule. We affirm.

In its Opinion, the trial court set forth the relevant factual history and 

summarized the testimony presented during the custody hearing. See Trial 

____________________________________________

1 See 23 Pa.C.S.A. §§ 5321-5340.
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Court Opinion, 9/30/20, at 1-24. We adopt the trial court’s recitation as 

though fully restated herein. See id.2

On September 30, 2020, the trial court entered a custody Order 

awarding shared legal custody to Father and Mother, primary physical custody 

to Mother, and partial physical custody to Father, in accordance with a 

schedule. On October 28, 2020, Father timely filed a Notice of Appeal, along 

with a Concise Statement of errors complained of on appeal, pursuant to 

Pa.R.A.P. 1925(a)(2)(i) and (b).

In his brief on appeal, Father raises the following issues:

1. Did the [t]rial [c]ourt err and abuse its discretion when it

granted primary physical custody of [Child] to Mother[,] in light of 

the analysis of the custody factors?

2. Did the [t]rial [c]ourt err and abuse its discretion in finding that

the fourth custody factor[,] addressing the need for stability and 

continuity in the child’s education, family life and community life[,

23 Pa.C.S.A. § 5328(a)(4),] was a neutral factor and did not weigh 

in favor of either parent? 

3. Did the [t]rial [c]ourt err and abuse its discretion in finding that

the custody factor of sibling relationships[, 23 Pa.C.S.A.

§ 5328(a)(6),] weighed in favor of Mother?

4. Did the [t]rial [c]ourt err and abuse its discretion in finding that

custody factor of whether a parent has attempted to turn the child 

against the other parent[, 23 Pa.C.S.A. § 5328(a)(8),] weighs in 

favor of Mother?

5. Did the [t]rial [c]ourt err and abuse its discretion in finding that

the factor regarding each parent’s availability to care for the child 

____________________________________________

2 We caution the trial court against the use of inflammatory language in 

reference to the COVID-19 pandemic.
J-S04036-21

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or ability to make appropriate child-care arrangements[, 23 

Pa.C.S.A. § 5328(a)(12),] weighs in favor of Mother?

6. Did the [t]rial [c]ourt err and abuse its discretion in finding that 

the level of conflict between the parties[, 23 Pa.C.S.A.

§ 5328(a)(13),] weighed in favor of Mother?

Father’s Brief at 9-10.

We will address Father’s claims, each of which challenges the trial 

court’s determination of the custody factors set forth at section 5328(a), 

together. Regarding subsection 5328(a)(4), Father argues that the trial court 

improperly concluded that the need for stability in Child’s education, family 

life and community life is a neutral factor. Id. at 48. According to Father, he 

can provide greater stability because he owns his home and has a local 

extended family. Id. Father also argues that Child has community support 

through Father’s church. Id. at 49.

Regarding subsection 5328(a)(6), Father contends that the trial court 

abused its discretion in concluding that Child’s sibling relationships weigh in 

favor of Mother. Id. at 50. Father argues that Child has bonded with her 

step-siblings, and “[t]here is no evidence to suggest that ... [C]hild sees her 

half-brother with Mother any differently than she sees her step-siblings with 

Father.” Id. at 51-52.

As to subsection 5328(a)(8), the attempts of a parent to turn the child 

against the other parent, Father claims that the trial court abused its discretion 

by determining that this factor weights in favor of Mother. Id. at 52. Father 

acknowledges making “negative comments” toward Mother’s fiancé, but 
J-S04036-21

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argues that both men were at fault. Id. at 52-54; see also id. at 54 (stating 

that “[t]here is no doubt that all parties have engaged in inappropriate 

behavior.”).

Father claims that the trial court erred in finding that Mother is more 

available to care for Child or make appropriate child-care arrangements, 

pursuant to subsection 5328(a)(12). Id. at 54. According to Father, “[t]he 

evidence presented at the hearing shows exactly the opposite.” Id. at 54-55. 

Father argues that his work schedule is more flexible than Mother’s schedule, 

and he was able to change his work schedule in order to be available for Child 

after school hours. Id. at 56. Father claims that Mother’s fiancé is strict and 

sometimes upsets Child. Id. at 57-60. Further, Father asserts that it is 

“imperative to note that Mother failed to testify in any way about ... [C]hild’s 

muscular dystrophy. ... Mother’s failure to even mention this condition during 

her testimony called into question whether she is able to make appropriate 

child-care arrangements.” Id. at 60-61.

Finally, regarding subsection 5328(a)(13), Father argues that the trial 

court erred in finding that the level of conflict between the parties weighs in 

favor of Mother. Id. at 65. Father claims that “Mother has frequently refused 

to answer or communicate with Father regarding ... [C]hild.” Id. at 65. 

According to Father, Mother fails to communicate with him about Child’s 

medical concerns. Id. at 65-66. Further, Father contends that the conflict 
J-S04036-21

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between the parties worsened after he and Mother’s fiancé had an argument. 

Id. at 68-69.3

In custody cases under the Act, our standard of review is as follows:

In reviewing a custody order, our scope is of the broadest type 

and our standard is abuse of discretion. We must accept findings 

of the trial court that are supported by competent evidence of 

record, as our role does not include making independent factual

determinations. In addition, with regard to issues of credibility 

and weight of the evidence, we must defer to the presiding trial 

judge who viewed and assessed the witnesses first-hand. 

However, we are not bound by the trial court’s deductions or 

inferences from its factual findings. Ultimately, the test is whether 

the trial court’s conclusions are unreasonable as shown by the 

evidence of record. We may reject the conclusions of the trial 

court only if they involve an error of law, or are unreasonable in 

light of the sustainable findings of the trial court.

C.R.F. v. S.E.F., 45 A.3d 441, 443 (Pa. Super. 2012) (citation omitted); see 

also Bulgarelli v. Bulgarelli, 934 A.2d 107, 111 (Pa. Super. 2007) (stating 

that “[a]n abuse of discretion is not merely an error of judgment; if, in 

reaching a conclusion, the court overrides or misapplies the law, or the 

judgment exercised is shown by the record to be either manifestly 

unreasonable or the product of partiality, prejudice, bias or ill will, discretion 

has been abused.” (quotation omitted)).

We have stated that

[t]he discretion that a trial court employs in custody matters 

should be accorded the utmost respect, given the special nature 

of the proceeding and the lasting impact the result will have on 

the lives of the parties concerned. Indeed, the knowledge gained 

____________________________________________

3 Father does not challenge the trial court’s findings as to the remaining 

custody factors.
J-S04036-21

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by a trial court in observing witnesses in a custody proceeding 

cannot adequately be imparted to an appellate court by a printed 

record. 

Ketterer v. Seifert, 902 A.2d 533, 540 (Pa. Super. 2006) (quoting Jackson 

v. Beck, 858 A.2d 1250, 1254 (Pa. Super. 2004)).

With any custody case decided under the Act, the paramount concern is 

the best interests of the child. See 23 Pa.C.S.A. §§ 5328, 5338. Section 

5323 of the Act provides for the following types of awards:

(a) Types of award.--After considering the factors set forth in 

section 5328 (relating to factors to consider when awarding 

custody), the court may award any of the following types of 

custody if it in the best interest of the child:

(1) Shared physical custody.

(2) Primary physical custody.

(3) Partial physical custody.

(4) Sole physical custody.

(5) Supervised physical custody.

(6) Shared legal custody.

(7) Sole legal custody.

23 Pa.C.S.A. § 5323.

Section 5338 of the Act provides that, upon petition, a trial court may 

modify a custody order if it serves the best interests of the child. 23 Pa.C.S.A.

§ 5338. Section 5328(a) sets forth the best interest factors that the trial court 

must consider. See E.D. v. M.P., 33 A.3d 73, 80-81, n.2 (Pa. Super. 2011). 

Trial courts are required to consider “[a]ll of the factors listed in section 
J-S04036-21

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5328(a) ... when entering a custody order.” J.R.M. v. J.E.A., 33 A.3d 647, 

652 (Pa. Super. 2011) (emphasis in original). 

Section 5328(a) of the Act provides as follows:

§ 5328. Factors to consider when awarding custody

(a) Factors.--In ordering any form of custody, the court shall 

determine the best interest of the child by considering all relevant 

factors, giving weighted consideration to those factors which 

affect the safety of the child, including the following:

(1) Which party is more likely to encourage and permit 

frequent and continuing contact between the child and 

another party. 

(2) The present and past abuse committed by a party or 

member of the party’s household, whether there is a 

continued risk of harm to the child or an abused party and 

which party can better provide adequate physical 

safeguards and supervision of the child. 

(2.1) The information set forth in section 5329.1(a)(1) and 

(2) (relating to consideration of child abuse and involvement 

with protective services). 

(3) The parental duties performed by each party on behalf 

of the child. 

(4) The need for stability and continuity in the child’s 

education, family life and community life.

(5) The availability of extended family.

(6) The child’s sibling relationships.

(7) The well-reasoned preference of the child, based on the 

child’s maturity and judgment.

(8) The attempts of a parent to turn the child against the 

other parent, except in cases of domestic violence where 
J-S04036-21

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reasonable safety measures are necessary to protect the 

child from harm.

(9) Which party is more likely to maintain a loving, stable, 

consistent and nurturing relationship with the child 

adequate for the child’s emotional needs.

(10) Which party is more likely to attend to the daily 

physical, emotional, developmental, educational and special 

needs of the child.

(11) The proximity of the residences of the parties.

(12) Each party’s availability to care for the child or ability 

to make appropriate child-care arrangements.

(13) The level of conflict between the parties and the 

willingness and ability of the parties to cooperate with one 

another. A party’s effort to protect a child from abuse by 

another party is not evidence of unwillingness or inability to 

cooperate with that party.

(14) The history of drug or alcohol abuse of a party or 

member of a party’s household.

(15) The mental and physical condition of a party or 

member of a party’s household.

(16) Any other relevant factor.

23 Pa.C.S.A. § 5328(a).

Further, we have explained as follows:

Section 5323(d) provides that a trial court “shall delineate 

the reasons for its decision on the record in open court or in a 

written opinion or order.” 23 Pa.C.S.A. § 5323(d). Additionally, 

section 5323(d) requires the trial court to set forth its mandatory 

assessment of the sixteen Section 5328(a) custody factors prior 

to the deadline by which a litigant must file a notice of appeal. ...

In expressing the reasons for its decision, there is no 

required amount of detail for the trial court’s explanation; all that 
J-S04036-21

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is required is that the enumerated factors are considered and that 

the custody decision is based on those considerations. A court’s 

explanation of reasons for its decision, which adequately 

addresses the relevant factors, complies with Section 5323(d). 

A.V. v. S.T., 87 A.3d 818, 823 (Pa. Super. 2014) (brackets and some citations 

omitted).

In its Opinion, the trial court addressed each of the relevant custody 

factors,

4 and we adopt its reasoning for the purpose of this appeal. See Trial 

Court Opinion, 9/30/21, at 24-32. It is apparent that Father’s challenge is 

strictly to the weight that the court assigned to certain factual testimony of 

the parties, and the trial court’s credibility determinations. Considering all of 

Father’s issues together, Father simply would have preferred for the trial court 

to have placed more weight on testimony favoring him. As we explained 

above, with regard to issues of credibility and weight of the evidence, we must 

defer to the presiding trial judge who viewed and assessed the witnesses firsthand. C.R.F., 45 A.3d at 443; see also M.J.M. v. M.L.G., 63 A.3d 331, 339 

(Pa. Super. 2013) (stating that “[i]t is within the trial court’s purview as the 

____________________________________________

4 We note that, while the trial court did not specifically address subsection 

5328(a)(2.1), there is nothing in the certified record that would suggest 

information relating to consideration of child abuse and involvement with 

protective services, which would be considered under subsection 

5328(a)(2.1). Further, the trial court did not discuss any additional relevant 

factors under subsection 5328(a)(16). 
J-S04036-21

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finder of fact to determine which factors are most salient and critical in each 

particular case.”).

5

After a careful review of the record, we conclude that, in making its 

determinations on the best interest factors, the trial court properly considered

all of the credible testimony from the witnesses, and determined the weight 

to assign to each of these factors. The trial court’s conclusions are not 

unreasonable, and are supported by the record. We discern no error of law 

or abuse of the trial court’s discretion. Thus, we will not disturb the trial 

court’s Order.

Order affirmed.

Judge Stabile joins the memorandum.

Judge Olson concurs in the result.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 05/04/2021

____________________________________________

5 Moreover, to the extent that Father asserts that the trial court failed to 

consider that he had step-children who should have been considered as Child’s 

siblings, the trial court Opinion makes clear that the court was aware of the

recent addition of step-siblings to Child’s life when Father married L.S. in 

August 2020, and chose not to afford them the same weight as Child’s sibling 

relationship with her half-sibling, H.K., in this instance.
Received 11/17/2020 8:57:26 F•lai#••d► `?o•(rRd•i•d••sit 

Page 7 of 39 bchuylkii::o=ty Government 

Filed 11/17/2020 8:57:00 AM Superior Court Middle District 

1383 MiOA 2020 

COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY 

CIVIL ACTION — LAW 

D, A. T No. S-841-20 

Plaintiff 

VS. 

R M.T 

Defendant CUSTODY 

Russell Farbiarz, Esquire — for Plaintiff 

Rebecca Smith, Esquire — for Defendant 

IOPNION OF COURT 

DOLBIN, J. 

This matter involves a Petition to List the Matter for Trial and for Special 

Relief by Mother, D A .T ("Mother") regarding the parties' minor 

child, DOB 12/ 14 ( or "child "). Mother originally 

filed for custody in 2019 in Berks County, Pennsylvania and that Court entered an 

Order dated May 7, 2019 granting shared legal custody to Mother and Father, 

R. :11 ("Father') and also shared physical custody on a monthly basis 

between Father, who resides in Michigan , and Mother. Mother subsequently filed 

a petition to List the Matter for Trial and for Special Relief; however, because 

Mother had moved to Schuylkill County, Berks County no longer had jurisdiction 

and the matter was transferred to Schuylkill County in June of 2020 . On July 15, 

2020, Mother s counsel fled a Petition to List the Matter for Trial and for Special 
Page a of 34 Schuylki l Ceunty Govexr=ent 

Relief asking for various remedies. The parties attended a conference at which the 

paramount issue then became where the child would attend school. 

We held a custody trial on August 19, 2020 . Mother testified first. 

was born in Grand Rapids, Michigan . Mother left Michigan in 2017 to relocate to 

Pennsylvania for employment purposes. Father knew that she was planning to 

move. There was an incident where Father became argumentative and physical 

with Mother because he did not want her to mote. He threatened to kill her and 

parked his vehicle behind hers so she could not leave, and took her keys away. 

Mother was unable to contact the police right away and by the time she did, there 

was nothing she could do. During the incident, Father punched her in her stomach 

and then blockaded the home. Father made numerous comments to Mother that he 

would hurt her and hurt people at work. Mother was not concerned for herself, but 

was concerned as to how Ch,\dwould be raised in that environment. Mother is 

concerned about Father s religious beliefs and personality . Father likes thinner 

women and Mother believes that ,Chad does not eat because w\xd is concerned 

about getting fat. ZhN\J holds her stomach when she returns from Father's care. 

U•ac1 is only five years old. 

Mother came to Pennsylvania as the final straw. Mother is trained as a 

hystotechnologist. Her field is in a very specific area and there was a very small 

pool of jobs in that field in Michigan. Mother asked Father to move but Father 

objected. Mother could not get a job in Michigan. Mother got a job in 

Pennsylvania and moved in July of 2017 . Mother was worried that her 
Page 9 0: 39 Sahuylk_:I Cc=ty Goeez-=r.: 

certifications would expire and that would hurt her chances of gaining 

employment. Mother moved to Oley. in Berks County. Mother rented an 

apartment outside of Reading, in the country. was 2 '/2 years old at the time 

they moved. Mother did not know anyone in the area. Mother did not believe 

Father was happy about this move, but he kissed both of then rood-bye when they 

left. 

Mother now lives in Pottsville, Pennsylvania. The home is a brick bi-level 

with three doors, three bedrooms and a fenced yard. There is a neighborhood and 

the neighbors are a tightknit group and support each other. Ch V has her own 

bedroom. Mother introduced pictures of the home. Mother has lived there for one 

year. She moved from Olcy because she met her fiance, D K 

o.x, asked her to move in with him. Mother works at the Geisinger Medical 

Center in Danville, Pennsylvania and she is now closer to work. "0Ne_ and 

Mother have a son, Hi , who is one year old. They are planning to get married 

on October I will be the flower girl. Mother would like to have custody of 

eh.\c1 for the wedding. They met 2 %z to 3 years ago and started dating 2 % years 

ago. 

They separated for a time because they were unsure about their relationship 

and wanted to be with other people, but got back together. While they were 

separated, Father asked to come to one of LW,\6 's doctors' appointments. While 

they were there, X. is brother arrived at the same office. It was a strange 

coincidence and mother joked with Father that b.,. was following her. b.K 
FeTq :0 of 3s Schuylkill ounty Gcvesnaetit 

has never physically or verbally abused Mother. They have agreed not to use 

physical punishment Zvi .h CIKt6 : rather, she has timeouts, she is sent to her room, 

or she has to "run a lap." p.K. . and Mother run a strict home. has chores, 

such as washing the dishes or making her bed every morning. If Mother is not 

home, and Cn ►d is acting up, b,Y,. contacts Mothcr. bC \%d complains all of the 

time about having to do chores because she does not have any chores at Father's 

home. 

Hi was born on July 20.2019. adores him. When W\\\ is at 

Father's and it is time for W, d to Face Time with Mother, QA, 6 only wants to 

speak to "Bubba." 

Mother has no relatives in Pennsylvania. She has a arother in Michigan but 

does not have his phone number. They talk via Face Book. y , ► has two sets of 

parents. Mother is close to b,y,. 's mother and calls her every day on the way to 

work, particularly with the wedding coming up. She is ten minutes away. 

'o.v.. is siblings are supportive. Mother is good friends with b_y- I's Sister. 

They all help with *v,&d and '7,k, 's mother is keeping :•;\d for the 

honeymoon. -.N .v , .'s father also helps watch h, d ' They all attended R :'s 

birthday party. Both of q K..'s siblings have children and they are all close in 

age. They are attending kindergarten together. Before • Cov•p-1c• the cousins 

saw each other every other weekend. 

Mother works second shift from 3:OOPM to l 1:30PM. She is with grad to 

do school work. She leaves for work around t :30PM and returns home around 
Days 1: of 19 sehuylkUl aunty Gover==n.-

12:30AN4 the next morning. Hf wakes up around 6:3OA.M. works for 

the Reading, Blue Mountain and Northern Railroad, t% picall% 7:OOAM to 5:00pk4. 

every day except Wednesday and Sunday. They have a babysittcr, M 

Gf , four days each week. They found her through care.com. Mother has 

looked into switching to a day shift. Mother is trying to figure out hoH• :o work 

and also how to educate Cy*3,ifpart other school education is online. Mother is 

more than willing to help C,Wod with school. 

On a typical work day Mother wakes the children, they have breakfast 

together, they go for a walk, then have lesson time. takes a nap, and S,% j•o 

has quiet time, and they watch a movie. They then have lunch, and Mother gets 

ready for work. When the babysitter arrives, she kisses the children and leaves for 

work. 'n ,. is home about 3-4 ) ours later. D,y, gets dinner for the children, 

and gets them ready for bed. Bedtime is at 8:00pM. 

Saturdays are family days. Sundays, ' b.Y, , „corks. Mother has the 

children all day by herself until dinner. 

Both parents taketw,6 I to the dentist and doctor in their respective states. 

Recently, z,W,\d has developed a hearing issue. Father was concerned that CA,kd 

failed a hearing test. Mother took for a test and she passed. They are taking 

UY\,kd co a specialist. Mother usually texts Father about 003. Father does not 

communicate about Ch,N6 's doctor visits in Michigan and she does not know the 

names of the doctors there because Father has not told her. Mother found out that 

Wod was in the emergency room at a hospital in :Michigan because ;he hospital 
?aga 12 of 39 Schuylkill. County Government 

emailed her. When she calved father, he wanted .o know how Mother found out. 

Mother and Father have had a long battle about vaccinations for \ta Father's 

religion does not agree with vaccinations. Father has had strong words with a 

doctor about it, creating a tense atmosphere, after which the doctor left the room. 

Now that they are in court, Father has agreed to have vh,,6 vaccinated. 

When Mother and LhN\6 moved to Pennsylvania, Father carne to visit for a 

half day on Christmas Eve and left on Christmas Day. Mother had been in 

Pennsylvania for six months by that time, and that was the first that Father 

requested to see zx ,\ A. In February of 2018, Zr \6 went to Michigan for a two 

week visit. Mother filed for divorce and custody in Berks County, In 2018 they 

came to an agreement on custody, with Father having ever; other weekend, which 

he exercised. 1n 2019, they agreed to share legal and physical custody, on a 

monthly rotation, which was entered as a temporary order of court. 

The custody schedule has worked well for the parents but not for 

She has trouble adjusting between the two different routines. During Mother's 

time,GW4i attends preschool in Pottsville. It is difficult for to adjust to 

Mother's routine when she returns from Father's. It takes Wti) . about a week to 

get back into it. 

When the Covid virus shutdown started, Mother asked Father to keep C'+ \d 

there for her in Michigan for her health and safety. Then, when they resumed 

custody exchanges, Father would not agree to give Mother his month, so Father 
?agq 13 of 19 Sehuylksll county Government 

kept Zt,-kG for three months in a row. Father has only offered :Mother more time if 

Mother does not file court papers. Mother final ly got •y ,0 - back in early June. 

Sometimes Father has friends who reside in Pennsylvania drop ZhA NNo ff. 

Mother does not know these people and does not k ,o«- haw long they have had 

Other than indicating they were friends through church, they would not 

answer Mother's questions. 

At one exchange, p,k. , accompanied Mother and there was an incident 

with Father. Both H and ZW\,6 were present. 7.•,,Y. - has a concealed carry 

permit and wore his weapon to the exchange. Father asked • . the was trying 

to intimidate Father. Father asked ' T•,.K. if he wanted to fight. K-y& _ got r,:Mg1 

out of the car, while Father went and retrieved a gun from Father's car. Father 

said he was "done" and pointed the gun at s head. n,•— i never removed 

the gun but walked to the car and put his gun in the glove box. r•, O witnessed 

this. IC>.Y.,. walked toward Father, who was now filming p •, , . The police were 

called. 

Father regularly says horrible things about Mother, bY,, and 

Father then waits for a negative reaction from 7. and films it using his phone. 

When zxti,\d is with Father, she is taken between three different homes; 

Father's home, Father's new wife's home, and the paternal grandmother's home. 

Cn,\d stays with her paternal grandmother during the week. Mother does not want 

th;•• staying there because one of Father's siblings lives there and uses drugs and 
Page 14 of 39 Schuylkill Cowty wve =zrt 

has a poor attitude . Twice, has returned to Mother xvith head lice . c_ Oo is 

disheveled and dirty, and her hair is not brushed. 

Father recently remarried. Father had one other prior fianed. Mother had to 

ask Father about these womet: in .cr \6 Is life , who bonded with. Mother 

found out Father was engaged from a FaeeDook post in March 2020. Father's 

mother has not met her. 

Mother would like JCh TN to live with her during the schoo: year and with 

Father for the summer, except for one two week period . Father should also have 

week-long school vacationsrbreaks. 

On cross-examination, Mother testified that she moved to Oley in July of 

2017, lived there for five months, moved to Douglasville, lived therc for seven 

months, and then moved to Pottsville. She has lied in Pottsville for three years. 

The home is owned by : D,Y- brother Cl , Ki . C.k.lives 

with his girlfriend . She and li, X . pay the mortgage and when they marry, the 

house will be placed in both of their names. They do not have a written agreement 

regarding this. 

Father did not allow CW Nd to come to Mother's for H s first birthday 

party. Father has asked about school options for Qi 3 including homeschooling, 

so they could continue monthly exchanges. Mother does not agree . Uti,\a needs a 

stable environment and not to keep going back and forth every months. 

Mother and p,X. i were separated for two weeks, during which time Father 

attended one of Cr, ms's doctor appointments. After; p, i_ 's brother r;j• 
Fags 15 of 39 Sahrylk ll, County Covervaart 

showed up at the same doctor's office. Mother told Father that O k. was 

controlling." Mother told Father she thought . was having someone follow 

her. ?Mother told Father that vas "rigid." has expressed concern 

about l• _ IC.'S rules. t keeps to a strict schedule. f b,y . noes not allow 

C1n••d to consume an entire bottle of ketchup during a meal; he restricts her to a 

generous portion. They are also Mother's rules. b.y_ has made .ch,%t• clean up 

when she makes a tress, .v at that time had not yet had a child. - ,y did 

not let ran;tdplay with an umbrella in the house. .h,\Ogets upset with'O -Y, I's 

restrictions. p.Y,. took a blanket away from Ur xo and replaced it with a new 

one. '•A;tta became very upset. In early 2020, Ch-,%O was losing a tooth and 

Mother and p. V,. tied a string around the tooth and attached the other end of the 

string to a doorknob and shut the door. M*,%G became very upset about 

that. Mother knows that tells Father that- ,,, i is "very mean." 

i•, V, and Father have issues. p,V t said things to Father after Father 

walked into their home. At the custody exchange where the guns were drawn, 

did not hit Father, He swiped at Father's phone to have him stop recording, 

and the phone hit Father in the face. D.K.. • called Father Names and threatened 

him. 

Mother believes that at Pottsville, cw;, Y will get on the bus at 8:1 SAM and 

get offat 3:45PM. ••k is home around 5:3QPm and will make dinner and help 

with homework. Mother will only see t✓wd I for a short time in the morning. 
Fag% 6 r 39 Schuylk- :.l co=ty Gove.:.aear 

However there may be days of remote learning and Mother will be there, and the 

babysitter will take over when Mother leaves for work. 

Mother agrees that Father has a large family in :Michigan, that has 

numerous cousins there, and that she can ride horses at her grandmother's. 

Mother does not suffer from any mental health issues but may have suffered from 

postpartum depression after H• •'s birth. 

has said words about defending, the house and shooting people who 

enter, including Father, in front of,;. 06 At the time, •j,• i was trying to teach 

(zW,%d not to open the door. 

When Mother left for Pennsylvania, Father was present at the home. 

Mother gave Father her address in Oley. Mother did not drain their bank account. 

Mother started working in Danville in October of 2019. It is a one hour commute. 

Mother never filed for a Protection from Abuse Order for Father and never 

reported his threats to the police. Mother agreed that despite multiple custody 

proceedings, Mother did not raise these allegations until today. 

Mother agreed that under the first custody order, Father visitedrWgi every 

other weekend, despite the distance. Mother does not agree that she and Father 

had good communication about CW.%,A in the past. Mother only disclosed the 

private information about v.a to Father in regard to how to handle tt1, not 

to bring Father into a personal issue. When vas born, : X46 was with 

Father. When Chad returned, she brought gifts for Ht , which Mother threw 

away. Mother sent Father a text not to send gifts. It was the context of the gifts 

10 
Page 17 of 39 schaylkill Couaty Goverrr=rt 

that caused this. The gifts were not from Cnid The gifts were not a kind gesture. 

Mother did not throw the gifts away in ront of who was excited about the 

gifts and the baby. 

C-WN6 alls 1 by his name. They do not encourage UW%Ndto call 

daddy. 

On redirect, Mother testified that she believes she is secure in her current 

living arrangement and knows she will qualify- for a mortgage. Mosher andZ.-

agree on the larger rules for (,W,\6 , including bedtime and chores. will eat an 

exuberant amount of ketchup, is helping Mother to help .egad eat less 

ketchup by placing a set amount on her plate and using it throughout the meal. 

zwg6 complains about b. V- - They have discussed it as a family., T). Y. is 

trying to set i•\Oup for success later. c:,n 6 lives at places that have differcnt 

rules. b N— i was raised in a strict environment. Mother denies he is controlling. 

's baby blanket was in pieces. 1 .y ;old vn;\d that she is a big girl now 

and no longer needs a baby blanket. The blanket was disgusting. I: was not meant 

to be a vindictive move or punishment by •. 

! .3— 's statements to Father have always been in reaction to Father's 

actions or words. Father walked into their home when l•.lC was not home. 

Mother admitted p.• made verbal threats to Father about what p , Y, Nould 

do to him if he did that again. Father called Mother terrible names when she 

became pregnant and also about -•-) <Y, - Mother thought the toys were from 

Father and based on his comments during the pregnancy, threw them away. 

11 
:app 18 f 9 Schuyik 1: County Gowr=ent 

Next, P tj.,1. estifted. He is Mother's fianed and is like his best 

friend. He is not father and _ ` calls him V z V- QW4 chose that. 

Father works everyday but Wednesday and Saturday. Father comes home and 

relieves the sitter. They have dinner around b:00PNv1. He will make dinner if 

Mother did not get it ready. Father will ask ►CIAO how her day was. They eat 

together. They play outside. The house has a fenced-in yard and a pool. They play 

on the swing and walk in the neighborhood. They get ready for bed around 7:00- 

7:30PM, and are in bed around 8;00-8:30PM. With two children, it depends on 

how things go. If.1•.•,. has to discipline CrQG, he first asks Mother. 

usually tells UW \6 to go to her room or to wait until Mother gets home. 

Sometimes is made to exercise. 

_K. went with Mother and Hi to exchanges until earlier this year. 

He does not want to ever again be present for one. p, k_ t \would drive to relieve 

Mother. That day, Father was there when they arrived. Mother checked on H 

and Father unbuckled Father started the argument, asking whether I 

needed a gun to intimidate Father. •_k. said "right." Father became loud and 

angry. Father pushes •.• _ 's buttons. This was not their first encounter. Father 

asked ;p.•_ _ . if he wanted to fight, and got a gun out of his car, pulled the 

magazine out and back in, cocked the gun and pointed it at b,V .i's head. 

walked to his vehicle without drawing his gun, which had no round in the 

chamber, and put his gun in the glove box. He then walked over to Father and 

screamed at Father because was standing next to "•.• when Father drew 

12 
rage 19 ee 39 3&.uylkill County cI*vernecent 

his gun. Father was videotaping the argument without poK. 's consent. The 

Police arrived. father pushes t)_L is buttons even titrte. Father makes 

comments in 1WoO s presence, at Dc •_- 's house, while Mother was pregnant, 

that are repugnant. 

D.K is not a violent person and has no criminal record. He has never 

been the subject of a PFA order. His father and stepmother live nearly, about five 

minutes away., D.K_t treats Haley like his own child and supports Mother having 

primary custody. 

On cross examination, testified that he was charged with assault 

during an incident at his father's home but the charges mere later dropped,'. '.Y . 

has rules at the home, such as .u-;,)6 may not play with toys that the baby could 

choke on. U) ,kd should play with her toys. QW\• is allowed to have ketchup and 

can have more if she says "please." 'QWrj used to get upset if she had to cleanup 

after herself but now is doing much better. denied saying certain things 

about Father.'D.K __. did get in Father s face during the custody exchange but did 

not strike Father. has a license to carry and has every right to carry a gun. 

bN_ has two safes for his guns and hunting rifles at the house. 

:D.K. is aware that QW01 complains to Mother about him. ch Zk also 

says thing about Father. %).y-. does not believe that he is overly strict with 

•.• p cares for her every night until Mother returns home at 12:30AM. 

Vwod was very upset when n,v— . a took her old blanket away but now loves her 

new one. 

13 
Pagq 20 of E9 Sehuylkill County Goverment 

At that point, Mother rested. Father called his new wife, L Si r 

). She is thirty-three years ole; and has no criminal record, Children 

Youth or PFA involvement. She has known Father for over two years, They 

began living together ear ier this year, and she is now selling her home. With the 

pandemic, it has been difficult to get contractors. She and Father married on 

August 8. They planned to marry earlier but were unable to do so. She has two 

children, Mi - age 1, anO St, , age 3. ' S _ ` met first and has 

bonded with her. Mi i does gymnastics with They have tun and right 

like sisters do. M i made a special box with an outfit in it for'ch,\d • Father 

and have a good relationship. w\\zd loves Father. They do a lot of outdoor 

activities and go to a nature center. Most indoor activities are closed . They have a 

routine and joke around a lot. LS. has never heard Father comment on a woman's 

weight. Uri \d will say something about food at dinner and LS tells ;•• hat 

healthiness is all shapes and sizes because it is very important that young girls 

have a healthy self image. 

Father is a positive figure in U•,d °s life. •,,, has been able to co-Parent 

with her children's father. Father and Mother do not have that possibility. s. 

believes they are both at fault. •, would not just sit there and let Father decide 

everything. She is not a wallflower. She and Father present a united front but they 

have a lot of conversation behind closed doors. 

t-S is Qh; 's stepmother, not mother. A.5 - advocates on Q)Vr ,,d 's behalf 

to both parents . LS -, and like to cook together and work in the garden. L---3. 

14 
Pagg 21 of ]9 Schuy_Y:11 county eovermaent 

helpsC %,•ct with her nails and hair. In the morning, they snuggle. cwidy is an 

early riser. They make toast and tea. 

Father has never been phy cally or ver ly abusive to LS.►. ;LS. would 

not tolerate that. WO did have a lice issue C,rac1Vs cousins received a notice 

from school right before the schools closed zm,Na was with the paternal 

,grandmother and a cousin and got head lice. Regular lice medication did not work. 

According to the internet, this was some type of "super strain '' of lice . _ -, was 

unable to call the doctor for a prescription because everything vas in total crisis 

from the shutdo n from March through May. _) could not get an appointment 

for Gr'Vd not even a triage nurse would see her. 

mss.: works as an investment banker for JP Morgan Chase. She works from 

8:3OAM until anywhere between 4:O0 and 6:OOPM. She gets one weekday off and 

works a half day on Saturdays . She has worked as an investment banker for ten 

years, but took time off to get a tnaster's degree and teach as a professor. 

CV+,ry is already enrolled at the Living Stones Academy, where ts,5: 

daughter attends school . It is a small Christian school, non-denominational, that 

has one class per grade and a maximum of 20 students per class. M t has 

flourished there. She is on the spectrum or autism and needs support. M. 

was at a larger school prior to Living Stones, and Living Stones is more 

supportive. 

would like to have a relationship with Mother in regard to •> ;,d 

is 
raga 22 of 9 Schuylk!, 1 County Govorrxzt 

On cross examination, itr5 stated that she became involved with Father in 

?019 and they did not live together until March of 2020. She was not around 

Haley prior to that. She has not mct Father's mother, C. T1 ;. She and 

Father have a close relationship and she knew they were engaged. 

L.S. tnd Father are moving to Plainwell from Grand Rapids. They go back 

and forth while working on the house. ? has been to both homes. Haley last 

stayed overnight with her paternal grandmother in May. Father often stays there 

also. It is a 45 minute drive from Plainwell to the school, There is a public school 

in Plainwell but they want the girls to attend the same school. Both k-.5. and 

Father have family in Grand Rapids. 

C`n;vl calls L 5. by her name, or "momma L i." LA IS able to take the 

girls to school but cannot pick them up except on her one weekday off from work. 

Next, Father testified. He lives in Plainwell, Michigan. lie used to live at 

his parents' home. He bought land along a river that has ponds, woods, chickens 

and ducks, and where he could have his dream home. Father introduced pictures. 

Father purchased the home in 2018. They are getting ready to sell u•3.'s home. 

Father put in a beach at his home as an engagement present to L.%, when 

she asked him to do it for the children . is Father's only child . There are 

neighbors nearby and their church is about eight miles away. They enjoy the 

support and friendship. 

uo6 suffers from muscular dystrophy. Mother did not bring this up when 

she testified. Chao suffers from mobility issues and must stay active. Otherwise, 

16 
Page 23 of 35 Sahuy k"I County Coverr=e jt 

her muscles will waste away. She is sensitive to pair.. has had several 

doctors' visits. She needs physical therapy; she had it prior. She needs this at 

regular intervals. C. N00 recently failed a hearing test. Father has noticed that she 

sometimes stares off into spare and they s:talzs out of it when her name is repeated. 

c,W6 failed the test in both ears. Father told Mother. Mother took •Ch•%d for a 

test, which she passed, but Mother is taking r,\d to a specialist. 'this is a typical 

response by Mother to a medical issue with has yeast infections. 

Father has taken to several doctors and has talked to Mother. Mother treats 

it as no big deal. When Father asked her about it, she said she uses an ointment. 

Father had no idea had this issue until he found out that U\Wa - had it. 

Father has no physical or mental health issues and no criminal, Children & 

Youth or PFA record. Mother has no physical issues but suffers from depression 

since her mother passed away. Father denied that his marriage to L.S. was quick 

or rushed. Father testified that LS. asked to be married, and Father's proposal 

%vas more like a business meeting. Father loves t_S ,.wry much. Father engages 

in outdoor activities with'. L5.`5, children such as walking, biking, taking part in 

sports and movie nights, and roughhouses with St 

Father has been employed with UPS for 21 years. He served in the 

military. His current shift is 3:00-4:OOAM to 12:00-1:OOPM. He just won a bid 

and has options for a different shift, in the event he gets primary custody oft„ ;Nd , 

so that he can take her to school. This would also give him a more normal steep 

17 
tag@ 24 of 39 Sch:JyJX!I1 County Goverrzwnt 

schedule. He has had to get up at 2:30AM for 20 .ears. With a 9:00AM to 

2:04PM schedule, he can drop the girls off at school and pick them up at 3:OOPM. 

Living Stones Academy has a reopening plan with COViD precautions. 

Father's new shift could be flexible if the school goes to a virtual teaching plan. 

Work is aware of Father's situation with :;•;•c_1 and they are willing to be flexible. 

LS, has a very large family with many cousins in the age ranges of 2 to 13 

years old..r-j ;•, saw them several timcs each week prior to the pandemic. 

Father's parents live 20-25 miles .% ay. They have not yet ntet _-. because His 

mother gets unusually attached to Father's friends and if the relationship does not 

work out, she becomes heartbroken. Father wants to make sure the relationship is 

real before,,!D,t meets his mother. Father's father is a lineman having worked 

forty years for an energy company. His mother was a teacher. She tutors 

regularly. They live on a large farm with horses.L' %,rA loves riding. Father's 

brother Ti also lives there, as there are several houses on the farm. T uses 

medical marijuana for his anxiety, but not around . Father's family watches 

chad' when he and t-.5. at work so he does not need child care. Father gets 

along well with M 's father, ! and with her siblings. 

Father and Mother married on April 29, 2012, and was born in 

December of 2014. They lived outside of Grand Rapids. Mother wanted to get a 

job to get experience in her niche field. She could not get a job locally without 

having any experience. Mother told Fattier she was taking a job in Pennsylvania to 

get experience, and that she would be then come back. Father took Mother at her 

18 
PagQ 29 of 39 Sehuylksl: Cowity Government 

word. As soon as Mother got to Pennsylvania, the struggle began. ,Mother did not 

tell Father where she lived. Mother filed for custody in Berks County and Father 

was awarded every other weekend. It was not a workable arrangement for Father 

but he did it anyway. Then, in 2019, he received shared custody with Mother. 

Mother's story about leaving is not true. Father could not have boxed her in with 

a vehicle. They are neighbors. Father was not home when Mother left. Father was 

on a two week deployment in the Army. Mother had told him she was going to 

leave, but Father told her not to. and he thought the matter was tabled . Father 

trusted Mother and thought the relationship was salvageable. Father took Mother 

at her word that she was coming back. 

Father provided all of the transportation fot until the 2018 Order. 

Father recalls that he met, D•'-- in 2018. Initially, they had a good relationship. 

, helped Father when his old car would break down. Then when Father 

entered, 's house it became a big thine. Father arrived early to pick up 

f r.•tl . et was at work. Mother opened the door and went to get 'c W NrS , 

leaving the door open . Father took a step into the home, and Mother told him to 

leave, so he stepped back onto the porch. Mother called 'D x. is brother Cr+•. 

and CN- watched Father from CLIk— 's car until Father left with 

became very angry and thought it was a ploy by Father. At another exchange, 

things were said that they now regret. Father warts to havc a good relationship 

with n-k. , like he does witlt L5.1 and C1 

19 
?egp 26 of 39 schuylk: 1 County v'ove z:.om. 

Father attended a doctor's appointment for Qy+4 with Mother, and C'.Y,.. 

showed up. Father has had no difficulty with •,.•. ,'s brother. 

Al the custody exchange, Father for the first time saw it.k, carrying a 

gun. Father felt was brandishing it. Father admits tha: he "poked` p x. 

and aggravated him, after which p_x,. became very upset and loud, b,, was 

threatening Father verbally, and then turned to his car and took his gun out of the 

holster. Father did not know what b,Y,. was going to do, so he took cover, got 

his weapon, but did not point it at b.x. . Father knows now that t,.k. i was 

simply putting his gun in his vehicle. , told Father to back off and get out of 

his face. Father backed to his car, but p.k_ i came at him, so Father started 

filming. Father does this because it usually stops whatever activity is ongoing and 

everyone starts acting nicely, cv\;\O was behind him the entire time. p K. tried 

to swipe Father's phone and hit Father in the face and made bumping moves. 

Mother got in between them and told p.k. that he was going to make her lose 

custody ofLr,•• 

Mother has spoken to Father about' p•k is relationship with u;r, and 

how Ch,tid is timid and afraid that she is breaking the rules. Father has received 

texts from Mother that have Father concerned. ," •• was very upset about the 

blanket. Father had the same blanket and ordered one for •,,W dFather used to be able to video chat with lch;, but now he has to video 

chat prior to l:4dPM, when Father is at work. If Father calls h k is phone, 

p,k rarely responds. Last night, Father was able to chat. When C_Wkr3 is with 

20 
Pagr 27 o£ 39 8ch-jylkxit County Cove-mm 

Fattier, Mother regularly chats with tw-0 and Father never limits their time. 

needs both louring parents actively involved in her life. Father's 

communication with Mother was good but not now. Father believes that 

put the kibosh to this after Father walked into their home, n_l- t no longer comes 

to custody exchanges in Ohio. Mother comes on her own with Father does 

not believe co-parenting will work because of the incidents with n•K Mother 

does not share anything with Father about l-W„6 Father finds o:at from F Cry \d 

Father would like to speak regularly with Mother so that they can co-parent and 

mutually exchange information. Father asked Mother about using "My Family 

Wizard" to communicate and received no response. Father is not perfect and there 

are areas he needs to %vork on. When Mother had her new baby, she asked Father 

to keep e,r'm3 Father and his mother were very excited and believed they received 

a gift. Cn;O1y told Father about how Mother and o. L. i had pulled her tooth out 

by slamming a door with a string tied to it. Father called Mother, and Mother 

admitted to it. c h: was traumatized by this and was afraid Father would do the 

same when she had another loose tooth. 

Father has attempted to work with Mother but it is like working with a 

brick wall. cwad is happy, loveable.and funny. She is very sensitive. She needs a 

lot of positive reinforcement. Father does things with her to make it fun, and then 

she is able to do there herself. 

Father is concerned that Mother won't be around It 04 and ki,)e\ will be 

with 1t,.1,.i predominantly. Father does not think that o,,.. t will facilitate an 

21 
Page 28 of 39 sckwylkLU coumy Goveroaezt 

open co-parenting relationship. Father will lose tn q\J and ch'k\will not want to 

get to know her family in .Michigan. T)•%(. has flaunted his relationship with 

Hazel and has her call him "daddy." z>.k. has bragged to Father that he is going 

to be the "daddy" ro\v. 

In August of 2019, Mother teated Father to come and get Cr,' e6right away. 

Mother m.-ould not say what the problem was. Father and Mother lives a 16 hours' 

drive apart. Mother did not say why or give any details. Father was very 

concerned and wondered about Mother's stability. Father was concerned Hazel 

was not in a safe environment. 

LS, is a very positive influence and gets along well with lrh:cl. 1 LA;Nz1 

often goes to. LS-for things. LSj enrolled her in school. Living Stones Academy 

empowers students. 

Father would like primary custody of and wants to enroll her in 

school in Michigan. Mother can have tr;td for the summer and during school 

breaks. Father can provide better stability and growth and cWNd :an be around her 

family in Michigan. Father will change his work schedule and be with her all of 

the time. 

On cross-examination, Father testified that chtyd 's muscular dystrophy is 

mild and she is not currently treated for it. She does need regular activity because 

she has loose joints and activity keeps her muscles from atrophying. C' 's wife 

is a physical therapist and she can work with UbN6 Wi6 has a regular 

pediatrician in Michigan. Father regularly speaks with Mother. Father admits that 

22 
Fagg 29 of 39 Schuylk:El CW ty 3war areat 

he wrote that 'Ch;vd' calls U5t "momma Li ." Father admits that lie knew Mother 

and Unoo % ere moving to Pennsylvania in 2017 and that rather did not go to 

court or to go get 'QNO, although he did :beet with an attorney at the time. Father 

did not have Mother's address. Father came at Christmas and stayed for a short 

period. The lust time Mother filed for custody, lather was engaged to a woman 

named Ei They did not live together, Father lived with his parents at that time, 

but he later moved in with E, That relationship ended in early 2018. U\1\6

met Ei and developed a bond with her. QK 16 was sad when they broke up. 

Father dated other women but only introducedrr • 1 to one other beside B 

and „S. Father started dating t.S. in July 2019. Father admitted that his mother 

has not met j_5, and that is why he did not introduce them, because his mother 

gets more attached to his girlfriends than QA;td 1. Father is more worried about his 

mother than Ch,%d in this respect. 

Can-+d spends a lot of time with his mother and has her own bedroom there. 

His mother has room for all of her grandchildren. Father has 30 days to decide 

about the bid he won and change his schedule. He and . have a nanny if the 

need arises , but right now they have extended family. The trip to school will be 80 

miles round trip. Father attempted to reach out to Mother about school options for 

aN;•U but Mother never responds to Father's first attempts to reach out to her. 

Father cannot text her and they are not allowed to speak on the phone. Father 

prefers to talk face to face or on the phone or via FaceTime. It is chaotic to text or 

email and receive no response. Father and L!5, will pay for .Z •,•O 's school. 

23 
Pagp 30 of 39 BChUyiuiii County Goves.==-. 

On re-direct , Father testified that he trusted Mother and did riot file for 

divorce based on his religions convictions. Father thought they could work it out. 

rather is a Seventh Day Adventist Christian. 

This Court must determine which custody arrangement is in the best 

interests of the child pursuant to the Child Custody law, codified at 23 Pa C.S. §§ 

5321 et seq. We must consider the testimony in light of the sixteen enumerated 

factors set forth in 23 Pa.C.S . § 5328(a ). The Court has considered the evidence in 

light of each of these factors as well as any outer relevant factors and concludes 

that it is in the best interests ofthe child for Mother to have primary physical 

custody during the school year, for Father to have partial custody during the 

summers, and for the parties to share legal custody, 

Applying 23 Pa.C.S . § 5328(a), the first factor we must consider is which 

parent is more likely to encourage and permit frequent and continuing contact 

between the child and the other party . We find that Father is slightly more likely 

to encourage frequent contact . Mother moved to Pennsylvania with in 2017 

and did not dispute Father's claim that lie did not visit because he did not 

have Mother s address. When Mother gave him her address, he came to visit 

for Christmas. Since then, Father exercised his custody time and provided 

all of the transportation until recently. Every other weekend, he drove 32 hours 

round trip to seeM;\d !. He never refused to return to Mother and kept 

u ,•O for extra time when Mother asked him to. The only thing he did was not to 

agree to give Mother one of his months in exchange for the month he keptU\.,oci at 

24 
:age L: o: 39 scl y•k_3: Cow Ly 3ova.-Ma: C 

Mother's request. Mother has ample FaceTime with while with Father. 

Mother has limited Father's FaceTime with by requiring Father to call prior 

to 1:OOPM, when she knows he works from 3:OOAA4 until 1:OOPM. While Mother 

is obviously trying to prevent interaction between Father and n.\(- t. the fact is 

that Mother is intentionally limiting Father's ability to communicate with lvh;\cl 

and is not providing some other solution so that father may communicate with 

when Father is home from work in the afternoon or evening. We note that 

Mother has never withheld the child from Father and has encouraged Father and 

w\d :o have a relationship otherwise. 

The second factor is any past or present abuse or involvement by any 

county Children & Youth Agency. There is no agency involvement. Mother 

alleges that Father was abusive to her prior to Mother's move to Pennsylvania; 

however, this was raised for the first time at the custody trial, attd not at any prior 

proceeding. Mother and \j,\(, . also allege that rather verbally abuses them in 

front of likewise, Father alleges that mK . has verbally assaulted him in 

front of b)w .. This must stop. This factor weighs slightly in favor of Mother. 

The third factor is the parental duties performed by each party on behalf of 

the child. This factor currently weighs equally between the parents. Both parents 

take .W,%d to the doctor and attend to her needs. There is no evidence that one 

parent is better at it than another, 

The fourth factor is the need for stability and continuity in the child's 

education, family life and community life. Father owns a home in Michigan and is 

25 
Pace 32 of 39 Schsylkzl: Cowmy Goverr.¢ent 

recently married. K)N%4 spends most of her time in Michigan with family. Because 

of the COVID shutdown , it is difficult for anyone to establish community 

involvement at this time . Father has had three women in :his life whon U)'od. has 

met. Two she bonded with. 

Mother has only had one significant person ir her life since 2417, b IC. , 

Keip, and they are engaged to be married. Mother lives in a house with p.. 

that is owned by 'b -1L .' s brother. Mother is relying on the upcoming wedding to 

be able to purchase the house and get a mortgage. Prior to that, Mother rented two 

separate places to live since 2017. Mother has no family in Pennsylvania, 

although max, +cs I is close to N•).K. 'S family, and they treat her as their own. All of 

Father s family lives nearby in ichigan. As for as education, cxiab is just 

starting school this fall. Father is able to change his work shift to be with) 

unless she is at school . Mother will be with k•\•1ei for breakfast and to get Cal;•O 

ready for school . •,;• tl will be with ' tj,k . , after school until bedtime. There was 

no significant evidence that Mother will be able to switch her shift at work to 

spend more time with :Ch"Sd 

Father is more stable in terms of residences , Mother is more stable in terms 

of having had only one significant relationship . Community involvement is 

practically zero at this time due to the COVID shut down. This factor weighs 

equally. 

The next factor is the availability of extended family to help with the 

children. This factor weighs in favor of Father . Mother and b.`► — are not yet 

26 
:acp 33 of 39 Schuylksll County Gover=v t 

married. Mother has no family in Pennsylvania. QWtO sees her paternal 

grandparents and cousins regularly. 

The child did not express a preference and did not testify. 

The factor of sibling relationships is weighted in favor of Mother. CIA06 

has a new half-sibling baby brother with Mother. Father does not have any other 

children. 

The next factor is whether a parent has attempted to turn the child against 

the other parent. We find no evidence that either party is purposefully engaged in 

this sort of behavior at the present time. However. Father must stop making 

caustic remarks to and about Mother and/or .o-Y . , at any time, and particularly 

in front of This is a form of insidious parental alienation. Father testified 

that he recognizes that he intentionally pushes t,.Y,. 's buttons to cause:•„ 1 to 

explode, and that he then pulls out his phone camera "to get the behavior to stop." 

Father needs to seek counseling to learn how to stop engaging in this behavior 

which is harmful to everyone including the child. Likewise, ad i is unable to 

control himself during these times, adding fuel to the tire. Both seem oblivious to 

the child during these times. This factor weighs in favor of Mother because of 

Father's intentional harmful statements to p• and about Mother in front of the 

child. 

The next factor is which party is more likely to maintain a loving, stable, 

consistent and nurturing relationship with the child adequate for the child's 

emotional needs. We find that both are, except when Father is goading n,K . or 

27 
Page 3s f 39 Schuylkill Cw..;Aty Cove:nEu nt 

saying terrible things about Mother in front of the child. Father's and 's 

behaviors in front of :he child are not acceptable. TF.ere is a reason that every 

custody order provides that no one is to speak ill of either parent in front of a 

child. This factor weighs in favor of Mother. 

We find that Father is the parent more willing to attend to the daily 

physical emotional, developmental and educational needs of the child. We were, 

frankly, shocked when we learned after Mother's case-in-chief had rested that the 

child has muscular dystrophyWhile it inay be mild, this is a condition that must 

be monitored and attended to. Mother made no mention of this condition. Mother 

must rely can a babysitter to help educate on the days she would be attending 

school at home, online, after Mother leaves for work at l :OOPM. Mother would be 

able to help educate M;%d earlier in the day, but Mother also has a young infant 

that she would have to attend to at the some time. Mother admitted that c,Y\;+cl 

would need someone to sit with her and guide her through the online classes. 

Mother did not seem realistic about her plan to get everything done wish .•,W, G's 

education as well as eating breakfast, lunch, going for a walk and having her son 

take a nap while kwid has quiet time and watches a movie, prior to Mother 

leaving for work. As -OX- testified, many days depend on the children and how 

cooperative or uncooperative they are . Mother was willing to have the child's 

hearing tested and to get a second opinion. 

Father is the parent who testified about CrrAO's condition and the 

importance of keeping active and keeping her muscles from deteriorating. Father's 

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Page 35 of 39 Schuylkill County zoveraaent 

brother's wife is a physical therapist who can help d Father presented the reopening plan for the Living Sores Academy, which he is willing to pay for as 

well as to take cn;kol to school and pick her up along withl—S. Cs daughter. 

Father's work schedule is flexible and Fattier testified that his long-time employer 

is willing to let him go part-time and to have adjustable hours to be able to do this 

and to be with ,ch:16. Father provided more testimony and evidence about how 

} \Z%O is a happy, funny and vivacious child. Mother's testimony tended to focus 

on how CM;No is developing a close relationship with D-K: 's family, Father's 

lack of cooperation.. and issues with t,K, t. Mother does attend to the daily needs 

of the child or sees that others provide those needs when Mother is not present. 

As far as the proximity of the residences of the parties, the parties live 16 

hours from each other, in two different states. Physical custody can no longer be 

shared now that Qn;jd" is ready to start school. 

As far as each parent's availability to care for the child or ability to make 

appropriate child-care arrangements, Mother can make appropriate care 

arrangements. There were no complaints about the babysitter, and -T•.k, i is not 

an inappropriate caregiver. i b K, has willingly of ered to help care for C: A; td 

and is learning how to raise children, as all parents must do. Mother relies on both 

the babysitter and p f-, i to care for Ly•y ti •j when Mother is at work. Mother's time 

to care for is also now shared with another young child. Mother relies upon 

T q is family to help with C•,kO as well, and they are obviously willing to do 

that and are fond of the child, but they are not yet family. 

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Page 36 of 33 9C1:nylkUl ates_y overment 

Father is willing to change to a part time position so that he can be with 

Q xx'6- except when she is attending school. Father also utilizes the paternal 

grandparents for child care. Father is often present as well. However, the fact that 

Father has not introduced his new wife t-S to his mother with the only 

explanation being that his mother grows very attached to people, and .t_S.e's 

inability to explain it during questioning, is very strange. Father and L5 are 

married, ands, has never met the paternal grandmother. This Court could only 

wonder how Father is able to juggle separately his marriage and his mother. There 

is obviously some prob!em there. Father admitted that, ',%S had bonded with his 

first fianed, which did not work out. This factor weighs in favor of bother. 

The next factor is whether there is a credible concern of drug and alcohol 

abuse for either party. There is none. 

There are no mental or physical concerns for either party or anyone in their 

household concerning the child, other than those already discussed. 

Finally, the Court considers the factor of the level of conflict between the 

parties and their willingness and ability to cooperate with each other concerning 

the child. The level of conflict is high. Father says insulting things to Mother and 

t•.•. t. Father goads 716.k. i into a rage and then fiims him on his phone camera. 

Mother does not want to communicate with Father as a result. Mother testified that 

Father does this all of the time. This must stop. 

30 
Fay. 37 09 39 schny ks_: Comty Goverment 

The custody exchange must be addressed. There shall be no guns worn, 

carried or drawn inCA%;)b s presence, during custody exchanges or at any other 

tip„c. 1n all :n years on the bend:, this member of the Court has never heard such 

a story of guns being worn, drawn and aimed during an innocent child's tstody 

exchange . No one seems concerned in the slightest about the impact of witnessing 

these events onUYl 161. Ch\1d loges both of her parents. 

Father and •p lt. _ appear to be the persons fueling the fire of animosity and 

rage . 1\b one leveled any accusations at Mother along these lines, other than her 

failure to respond to Father s inquiries . Who can blame her? 

Father, Mother and n - n needs to take whatever steps they need to take to 

end these frankly childish behaviors . Counseling, co-parenting counseling, 

parenting programs mediation , Our Family Wizard — there are a myriad of 

professionals and programs available on the internet and in person to help parents 

and paramours and fiancds who cannot or will not or do not want to get along, 

learn to either accept and cope, and not to react . Father in particular needs to 

change his behaviors . The goading of another individual into rage is a terrible and 

insidious thing to do to another person . Father needs professional help to end his 

harmful behaviors which are being witnessed by the child. 

For these reasons, we believe that Mother should have primary physical 

custody. Should either party wish to relocate after the date of entry of this Order, 

all parties need to be aware that our child custody statute has very strict relocation 

requirements . No relocation shall occur by one party unless the other party 

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Pap 38 of 39 Schuylkill county wvarnmrt 

consents. 23 Pa.C,S. § 5337(b)(I). If the otherparty does not consent, the 

relocating party must first seek approval from the Court prior to relocating. 23 

Pa-C.S. § 5337(b)(2). There are strict notice requirements which must be followed 

as well. 23 Pa.C.S. § 5337(c). See ltslo Pa.R.C.P. 1915.17. 

Therefore we enter the following: