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HomeMy WebLinkAbout97-4599 CIVILROBERT TODD LINDSAY, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI E. CHESTNUT, PETITIONER 97-4599 CIVIL TERM IN RE: CUSTODY MODIFICATION BEFORE BAYLEY, J. OPINION AND INTERIM ORDER OF COURT Bayley, J., September 27, 2001:-- Lori Chestnut, age 25, and Robert Linsday, age 28, are the parents of Collin T. Lindsay, age 4, born April 7, 1997. The parents never married. They litigated a custody dispute regarding Collin, which resulted in a custody order entered on January 19, 1999. The order was supported by a comprehensive opinion. The order provides the parents with shared legal custody of Collin on a week-on week-off basis, and it sets a holiday schedule. The mother seeks a modification of the order of January 19, 1999. A hearing was conducted on September 26, 2001. Both parents have established stable relationships since the prior litigation. The mother married on September 11, 1999. She and her husband, who live in North Middleton Township, have a three-month-old son, Drew. The father married on November 4, 2000. He and his wife live in Mt. Holly Springs with her four-year-old son, Jacob. Both parents changed employers since the custody order of January 19, 1999, 97-4599 CIVIL TERM and both of their work schedules have changed substantially. The mother is now a school bus driver for the Carlisle School District, every school day from 7:00 a.m. until 9:00 a.m., and 2:00 p.m. to 4:00 p.m. She did not work this past summer. In the weeks during the school year in which the mother has Collin, and is working, Collin either accompanies her on her school bus runs, which is allowed by the school district, or he is watched during those work periods by the husband's grandmother. The father is now a full-time police officer for Silver Springs Township. His schedule is seven days on, two days off, eight days on, and four days off. The four days off always starts on a Friday. After each period of his four days off, which occurs every three weeks, his rotating shift changes. His three rotating shifts are 6:00 a.m. to 2:00 p.m., 2:00 p.m. to 10:00 p.m., and 10:00 p.m. to 6:00 a.m. On the alternate weeks when the father has Collin, his wife takes care of the child when he is working. She is a housewife. Her son Jacob goes to pre-school on Monday, Wednesday, and Friday from 9:00 a.m. to 3:30 p.m. Collin does not go to pre-school. He and Jacob will be starting kindergarten in the fall of 2002. Both parents acknowledge that the other is a good parent. Collin is a healthy, happy child and has adjusted to the week-on week-off custody schedule. The parents have enough communication to make their shared custody schedule work well for Collin. The mother filed this petition to modify the custody order of January 19, 1999, to allow her to have Collin during those periods in the father's weeks of alternate custody when he is working. She argues that it would be better for Collin to be with her during -2- 97-4599 CIVIL TERM such periods rather than with his stepmother, and for the limited time he would be with Jacob. The father objects to the modification, arguing that any benefit to Collin will be outweighed by the disruption (1) in the routine of the current schedule that he had adjusted to, and (2) in his relationships with Jacob and his stepmother. Ironically, in the prior litigation, the mother sought to limit the father's time with Collin even though during some of her time, when the father was not working, Collin was with her baby- sitter. In awarding the parents' shared custody on an alternate week arrangement, we noted, "the routine that has been established for Collin with the mother's baby-sitter does not outweigh the benefit to Collin that will come from a more significant and stable relationship with his father." Now it is the father who objects to the mother spending more time with Collin during his periods of alternate week custody when he cannot be with the child. We agree with the father that any benefit to Collin being with his mother during weekdays when she is working would unduly break the child's routine in the father's household. Besides, while riding a school bus with his mother might on occasions be fun for Collin, it is hardly an ideal situation when the alternative of being well cared for in the father's stable home is available. We do not view the situation in the summer to be any different. Jacob and Collin will be together during the summer. Summertime activities for young children should be varied and fun filled. Since Collin is growing up in two separate households under a pure shared custody arrangement, that is working well, keeping the integrity of those households generally outweighs changing Collin's -3- 97-4599 CIVIL TERM schedule. We do feel, however, that there is a tradeoff to the current schedule that would be in the best interest of Collin. Collin can be with his mother on those Saturdays and Sundays when the father is working, and she is not, and he can be with his father on the consecutive four days he has off from work once every three weeks. This gives both parents even more quality time with Collin under the shared custody arrangement. Accordingly, the following order is entered. INTERIM ORDER OF COURT AND NOW, this day of September, 2001, the custody order of January 19, 1999, is modified in the following respects: (1) During the father's alternate weeks of shared custody of Collin, when he is working on a Saturday or Sunday, Collin shall be with his mother. (2) Collin shall be with his father for those periods, which occur every three weeks, when the father has four consecutive days off. (3) Given the father's work schedule, the parents are in a better position to set the specific time periods and exchange arrangements to comply with this order of modification, therefore, we will allow them an opportunity to do so. If they are able to reach an agreement, an order should be prepared and forwarded to this court, within ten days, at which time a final order will be entered. (4) If the parents are unable to reach an agreement, they shall, through counsel, forward to this court, within ten days, their proposal for complying with this order of -4- 97-4599 CIVIL TERM modification, together with a succinct statement in support thereof. be considered, and a final order will follow. By the Court, Both positions will Rebecca Hughes, Esquire For Respondent Ron Turo, Esquire For Petitioner :saa Edgar B. Bayley, J. -5-