HomeMy WebLinkAbout97-5832 civilT M. H : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. CIVIL TERM
K P H
IN RE: 1925 OPINION
HOFFER, J.:
T H , mother, and K H , father, are the adoptive parents of
M T H , born February 10, 1996. The child was a Chinese national
and came into custody of the parties in August 1996; the adoption was completed
in the Republic of China. The appeal is primarily over the allowance by the court
of the mother's move to Florida.
Summary of Testimony Presented
T H (Mother)
She is thirty-seven years old and college educated. She has lived all over
the world, following relocations entailed by her father's work. She had had little
contact with Pennsylvania.
Her husband was transferred to this area through his employment. T
and K were married February 4, 1989. They lived in Saratoga, New York, at
that time and later moved to central Pennsylvania. The parties separated from
each other in October 1997; the marital home is presently on the market for sale.
While T does not work at the present, she has looked for a school
teaching job since the separation. She introduced a packet of letters from different
97-5832 CIVIL TERM
local school districts, responding to her job inquiries; the letters indicate that there
are no full-time positions available. At present, she has no earned income
available to her. Her parents have offered her very adequate rent-free quarters at
their horse farm in Florida.
Although it is unfortunate that the parties separated so soon after adopting
the baby, she presented herself as a loving and caring mother, firmly attached to
the best interests in raising the child.
J S (Step-Father of T )
He is a retired forensic psychologist who has purchased a horse farm in
Ocala, Florida. He indicated that T and the baby would have adequate
facilities at this home. Mr. S offered the use of a live-in trailer, on the
property, to K , when K is in the area to visit the baby.
Mr. S indicated that K has spoken, in the near past, about moving
from the central Pennsylvania area; K indicated his disenchantment with the
local area; K talked about moving to New York, to Virginia and to Atlanta.
M M (Mother of T )
She is married to J S . A former concern pianist, she herself has
traveled extensively. She described the benefits of the Florida horse farm,
including the benefit of a close family presence.
2
97-5832 CIVIL TERM
She makes the valid point of less financial strain on T , and she fully
supports the maximizing of K 's opportunity to visit the baby.
Dr. Kenneth Small
He is a licensed psychologist who has seen both K and T since
June 1995 professionally, although unsuccessful in resolving their marital
disharmony.
At a 1997 session with K , Dr. Small testified that K made threats to
take the child and get a divorce. K indicated to the doctor that K had not
been very active with the child the first year they had her.
Dr. Arnold Shienvold
He is a licensed psychologist who performed various tests on the parties to
evaluate them. While he gave an opinion that relocation is not in the best interest
of the child, the court believes his opinion is given primarily because the distance
between the parties (with mother in Florida) makes father's access more difficult
and impracticable.
A E
A friend of the H s for four years, he works with K . he described a
loving-father relationship between K and the child.
3
97-5832 CIVIL TERM
M J
A friend who was in the same group that went to China, he also described
a good relationship between father and child.
D A
A next door neighbor of the H s, she indicated that K was involved
with raising the child. She also thought enough about T so that T
looked after D 's child from time to time.
K H
In his mid-thirties, he has an associate degree from a two-year college, and
has worked at Honeywell for nine years. Born near Albany, New York, he worked
in the Glens Falls area to about 1990-91, then moved to Camp Hill.
He has no family in this area. He indicated in his testimony, or so it seemed,
that he would have little difficulty in obtaining a transfer to another area closer to
Florida, thus alleviating the problem of distance between the parties.
Discussion
Even before the adoption of this Chinese baby, the parties were having
difficulty in their marriage, and the court could only speculate as to the reason of
either party to go through with this adoption under these circumstances.
4
97-5832 CIVIL TERM
Nevertheless, we must examine several factors.
The disadvantage of the Florida move is obvious: the distance. However,
we do believe the father can obtain a job transfer.
The advantages of the Florida move are overwhelming to the mother and the
child: a large house versus a small apartment here; nearby financial support from
mother's family; excellent prospects of teaching employment in Florida for mother
versus none here.
There is no family here for support of either party.
We do not believe this move is a momentary whim on mother's part, but is
well thought-out in relationship to the child's best interest.
5