Dranko v. Dranko

• Citation: 824 A.2d 1215
• Parties: Danielle DRANKO, Appellant, v. Bryan Andrew DRANKO, Appellee.
• Decision Date: 15 May 2003
• Court: Superior Court of Pennsylvania

824 A.2d 1215

Danielle DRANKO, Appellant, v. Bryan Andrew DRANKO, Appellee.

Superior Court of Pennsylvania.

Submitted March 24, 2003.

Filed May 15, 2003.

John J. Elash, McKeesport, for appellant.

Jean M, Lupariello, Carnegie, for appellee.

BEFORE: BENDER, OLSZEWSKI and CAVANAUGH, JJ.

OPINION BY BENDER, J.:

¶ 1 Danielle Dranko (Mother) appeals from an order denying her petition for relocation and dismissing Bryan Andrew Dranko's (Father) petition for primary custody of the parties' two children. Mother contends that the court failed to consider an alternative visitation schedule in the context of a relocation case and erred in concluding that the proposed move would not improve the children's quality of life. We affirm.

¶ 2 This matter came before the trial court as a result of the parties' respective petitions. Subsequent to a hearing held on July 24, 2002, the trial court formulated the following findings of fact:

1. By Stipulation of the parties, Danielle Dranko (hereinafter "Mother"), is the primary physical custodian of the minor children, Zachary (DOB: 3-6-93) and Abigayle (DOB: 7-29-97). Further, the parties have never had a formal custody order since their date of separation in March, 2000 but, the credible testimony essentially supported that Father has had partial custody of the minor children every other weekend and, additionally, on more than one other occasion per week (as high as three (3) times per week), depending upon Mother's work schedule.

2. The event which has precipitated the filing of Mother's Relocation Petition is her engagement to Mr. Wayne Frazier, whom she met in a "chat room" on the Internet prior to her separation from Father and with whom she began having an intimate relationship immediately following the separation of the parties. Mother and Mr. Frazier became engaged to be married in December 2000, or approximately nine months following separation from Father. The relationship has continued to grow and develop over the last 18 months by daily, multiple telephone conversations, and either monthly or twice per month visits between them. Mother wishes to marry Mr. Frazier and to relocate to Valdosta, Georgia to live with him.

3. The essence of the testimony of Ms. Dranko and Mr. Frazier is that the largest factor in consideration of the improved quality of life for the minor children to relocate would be the "financial" situation with regard to a comparison to Allegheny County. Mother also testified that she would be able to resume her college education more easily in Georgia than in this area.

4. Mother has no extended family relations in the Valdosta, Georgia area, other than half-siblings her father had from a previous relationship. There was no evidence of record that she has maintained any significant ongoing relationship with these half-siblings during her lifetime.

5. Mr. Wayne Frazier has previously been married and has two (2) children living in and about the Valdosta, Georgia area for whom he is financially responsible for child support and alimony to his ex-spouse, though this alimony responsibility is very close to termination. In addition, he has two (2) brothers in and about that metropolitan area. Mr. Frazier is a cabinetmaker and installer and testified that it would not be feasible for him to relocate his business to the Pittsburgh area and have any reasonable expectation of continuing his business at the level it presently enjoys.

6. While it is obvious that Mother was primarily responsible for the child rearing responsibilities when Mother and Father were living as an in-tact family and, further, that Father may have had little or no significant involvement in the day to day responsibilities with regard to the children, that has significantly changed since separation.

7. The parties were very young when they became parents of Zachary in March 1993. Mother's pregnancy with Zachary caused the parties to both withdraw from college and Father then began to pursue his alternative career in plumbing. During the early years of the parties' relationship, father worked two and sometime three jobs just to make ends meet. Mother essentially remained a stay-at-home mom during the term of the parties' relationship although she did get a part-time job in 1996 for one or two days a week and continued to work on a part-time basis through, and including, the time the parties separated in March 2000 and, in fact, up to the date of trial.

8. Since separation, Father has rarely if ever missed any of his alternating weekend visitation and has exercised other custody time with the children during each week depending upon Mother's work schedule as he apparently became her babysitter when she would go to work and when her parents were not otherwise available.

9. While the parties were an in-tact family, they lived immediately across the street from Mother's parents for a number of years. Thus, the maternal grandparents became very close to the minor children and have spent a considerable period of time watching them over the years.

10. Paternal grandfather and his wife of approximately eight (8) years, have also spent a considerable period of time involved in the lives of the minor children, especially since the parties separated.

11. Mother testified that she and Mr. Frazier are to be married as soon as her divorce is final by this Court, and that she loves Mr. Frazier very much and looks forward to a great life with him. She believes her life will be significantly better in Georgia because of her ability to live with her husband rather than apart from him; that she will be better off financially and more easily able to pursue her degree. The evidence was clear that Mother and Mr. Frazier would marry irrespective of the decision of the Court with regard to the Relocation Petition. Further, while Mother did not so testify, Mr. Frazier testified that if the Relocation Petition were denied, that the parties would marry but, Mother would remain in the Allegheny County area and they would continue their relationship.

12. Father, Mother's father, and Father's stepmother testified credibly with regard to the substantial involvement each has in regard to the minor children. It was obviously very difficult for Mother's father to assume a position contrary to the desires of his own daughter. However, we were extremely impressed by the forthright nature of not only his testimony but also our observations of his presentation of that testimony. Regrettably, all knew this testimony would likely cause a substantial rift between the families. This became evident when observing the parties throughout his testimony and, further, by the nature of the cross-examination by Mother's counsel suggesting that the maternal grandfather's testimony was motivated solely out of selfish reasons to keep his grandchildren near him and his family.

13. The Court-Appointed Child Custody Evaluator, Dr. John Carosso provided in his report and testimony ample evidence to support his conclusion that he was unconvinced by the evidence presented to him by Mother and Mr. Frazier that it would be in the best interest of the children to move to Georgia. His recommendation was based not only upon the close family relationships the children enjoyed in this area but their adjustment to school and friends and their own desires as expressed to him that they did not want to move to Georgia. Dr. Carosso concluded that it would not be in the best interest of the children to relocate. His testimony was very credible.

14. While there may be some potential advantages associated with a move to Georgia for Mother and the children, they are unlikely to improve the quality of life for the children. Further, those potential advantages are far outweighed by the advantages available in Allegheny County.

15. While there is some skepticism generally about relationships that begin through the Internet, we would not characterize the request of Mother to move as the result of a momentary whim.

16. The integrity of each party, in either seeking to move or seeking to prevent it, is appropriate.

17. Mother has failed to convince the Court that the potential advantages of relocation would substantially improve the quality of life of the children. Accordingly, the Relocation Petition will be denied.

18. Father filed a Custody Complaint on June 21, 2001, seeking full custody of the minor children. We have considered the stipulation at trial, that Mother is primary physical custodian, to warrant a denial of the relief requested by Father.

19. Should Mother decide to relocate without the children, then Father shall become primary physical custodian subject to partial custody of Mother as the parties may agree or by subsequent Order of Court.

20. Should Mother remain in Allegheny County, the status quo custody arrangement will remain in place until modified by further Order of Court.

Trial Court's Findings of Fact (FOF), 7/31/02, at 1-5. Based on these findings, the court denied Mother's relocation petition and dismissed Father's petition for primary custody. Trial Court Order, 7/31/02.

¶ 3 Mother now appeals to this Court, and raises the following issues for our review:

1. Is the court required to attempt to fashion an alternate visitation arrangement that will serve to foster an ongoing relationship between the children and the non-custodial parent in a relocation case?

2. Did the Court abuse its discretion in determining that the benefits associated with the proposed move testified to at the time of trial were not likely to improve the quality of life of the children?

Mother's brief at 14.

¶ 4 Initially, we note that this Court in Graham v. Graham, 794 A.2d 912 (Pa.Super.2002), set forth the following to guide our review of a custody order:

In reviewing custody matters, this court has stated that our scope of review is very broad. Nonetheless, a broad scope of review should not be construed as providing the reviewing tribunal with a

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