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Graham v. Graham

Best interests of minor would not be served by allowing mother to assume primary custody, relinquish job, and relocate to Florida to "test" relationship with boyfriend who demonstrated no commitment.

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�1 Scott Graham (“Father”) appeals from the August 24, 2000 order of the Venango County Court of Common Pleas awarding primary physical custody of the parties’ daughter, Alisha, to Dora Graham (“Mother”) and allowing her to relocate to Florida with Alisha. We are constrained to reverse.

�2 The parties married in 1990, and Alisha was born on June 14, 1993. She was six years old at the time the parties separated in 1999; she presently is eight years old. Mother filed a complaint for divorce with a custody count on July 13, 1999, wherein she sought primary legal and physical custody. Following a conciliation and by agreement of the parties, the Common Pleas Court entered an Order on November 4, 1999, directing the parties to share legal and physical custody as follows: Father had physical custody on his days off work, as well as Tuesdays after school until Thursday morning, and one or two weekends per month. Mother had custody at all other times. Father managed a mall cinema; Mother had an in-home daycare center. Both parties had homes that accommodated Alisha’s needs.

�3 Father filed a petition to modify custody on April 18, 2000, in which he sought primary physical custody. The following day Mother filed a petition to modify, which sought primary physical custody and permission to relocate to Florida with Alisha. Following two unproductive conciliations, a custody hearing was held on August 22-24, 2000. Father presented nine witnesses; Mother presented five. Additionally, the court interviewed Alisha in chambers and Mother’s boyfriend by telephone.

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