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Wheeler v. Mazur

For child custody purposes, mother's history of personal turmoil was no indication of current stability absent some evidence that problems persisted; trial court's erroneous assumptions about mother's stability, combined with other errors in weighing factors affecting custody, required reversal of order transferring physical custody of children to father.

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�1 Christine Lynne Wheeler (Mother) appeals from the order of the trial court granting primary physical custody of the parties’ two sons to Frederick Mazur (Father). We reverse.

�2 The pertinent facts and procedural history may be summarized as follows: The parties were married on August 7, 1987. Two children were born of the marriage: Frederick Andrew Mazur (Scooter), born January 14, 1988, and Derek Nathan Mazur (Derek), born February 21, 1989. The parties formally divorced by decree dated January 13, 1992. By mutual agreement, primary physical custody of the boys was given to Mother with partial custody and visitation rights granted to Father. Father attempted to modify custody in 1994, but his modification petition was denied by order of court dated August 17, 1994. In this order, legal custody of the boys was shared between the parties, Mother was granted primary physical custody, and Father was awarded partial custody every other weekend during the school year, certain holidays, and six weeks in the summer. In 1996, Mother filed a petition to modify custody, but later withdrew it. By order of court dated August 28, 1996, the trial court noted the withdrawal of the petition and reaffirmed its 1994 order.

�3 Following the divorce, Father did not remarry. He currently is employed as a corrections officer with the Pennsylvania Department of Corrections at the State Correctional Institute in Pittsburgh and has held this position for a little over two years. According to Father, as of January 2001, he altered his work schedule to daylight hours. His current residence is located in Vandergrift, Armstrong County, and he has lived in the former marital residence for over ten years.

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