Jeanne Cox
Legal Research and Writing

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA

John Smith FAMILY DIVISION
Plaintiff
V

Amanda Smith
Defendant

MEMORANDUM

ISSUE
Our Client, John Smith wishes to file a modification of child custody giving him full physical custody of his children, Joshua age 6 and Taylor age 3, in response to his former wife’s petition for relocation to Michigan.

RULE

With any child custody case, including petitions for modification, the paramount concern is the best interests of the child. Johns v. Cioci, 865 A.2d 931, 936 (Pa. Super. 2004).

ARGUMENT

The Parties were married on June 19,1998 and as a result of that union, their two minor children, Joshua age 6 and Taylor age 3 were born. The parties were separated April 4, 2006 because of the mothers infidelity. The current custody order was put into effect July 9, 2006 giving full physical custody to the mother with shared legal custody and visitation for the father.

The mother has filed a motion for relocation to Michigan to live with her current boyfriend that she met on the Internet. In June of 2006, she met him in person for the first time herself and her children. She frequently takes the children to Michigan to visit her boyfriend and his family. She also insists that the children call the boyfriends mother grandma.

The boyfriend, BJ Rodriguez, raises pit bulls for breeding purposes and dog fighting. Currently at his residence, there are 6 adult dogs and 13 puppies. Pit Bulls are typically known for their aggressive behavior towards other dogs. Dr. Randall Lockwood, Director of Higher Education Programs for the Humane Society of the United States, analogizes having a pit bull as a pet to "keeping a loaded gun around.” This opinion is because of the dogs unpredictability.

At the boyfriends home in Michigan, there is one bedroom, which is occupied by the mother and her boyfriend, and the children sleep on a cushion in the living room. At the residence of the mother, which is shared by the maternal grandmother, the children sleep on bunk beds in a one-bedroom apartment where the maternal grandmother sleeps in the living room and the mother sleeps in the basement. The fathers residence has five bedrooms, the children each have their own separate rooms and their own beds.

If the mother relocates with the children to Michigan it will severely reduce the visitation time that the father has with the children as required in the current custody order, Tuesday and Thursday from 6 pm to 8 pm, and every other weekend. The distance would be too great to continue the weekday visits.

The father feels that he does not have sufficient time with his children, and their moving to Michigan would reduce that time even more. He tries to foster a relationship with the limited time he has with his children. He encourages the children to be outdoors and active. The father promotes healthy eating habits. He encourages them to learn and use their imagination. The mother spends a lot of time on the computer and is too busy to take the children to the park. There is not a yard at the grandmothers house for the children to play. He is positive about the mother, and tries to encourage the relationship that the children have with her. The children repeat negative things that the mother has said to the children, such as he doesn’t spend time with them, that he is a dead beat dad, he doesn’t care about the children. The mother also uses vulgar language in front of the children and is known for drug use.

Joshua is doing very well in kindergarten, this being his first full year of school. This year is the foundation of his education and to take him from his school and friends could have a detrimental affect on him. Until he started school, he was very shy and withdrawn from people. He is learning now how to make friends and be more outgoing.

CONCLUSION

It has been shown that the father cares for the well being of the children whereas the mother cares about herself. John Smith is a caring and loving father. He has been very active in their lives and wishes to continue to do so. The mother wishes to continue to foster her relationship with her boyfriend. In order to grow as a family and as a father it would be in the childrens best interest to live with the father in a safe and healthy environment and to have partial visitation with the mother.