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Burkholder v. Burkholder

Denial of father's complaint for custody and grant of mother's petition for relocation affirmed; record supported finding that mother's move resulted in substantial improvement in quality of children's lives and that sole motive in relocating was to bring about such improvement.

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OPINION

�1 Brian E. Burkholder (“Father”) appeals the February 12, 2001 Order of the Court of Common Pleas of Monroe County denying his Complaint for Custody and Petition for Special Relief and granting the Petition for Relocation of Brenda J. Burkholder (“Mother”). Following our review of the record before us, and for the reasons that follow, we affirm.

�2 The relevant facts and procedural history adduced from the record are as follows. Mother and Father were married in February 1993, and divorced in October 2000. They are the parents of two children, Austin, age six, and Ashley, age four. In September 1999, the parties separated and Mother moved with the children to Ocklawaha, Florida without Father’s consent. Father remained in Stroudsburg, Pennsylvania and on October 7, 1999, filed the custody complaint, as well as a petition for special relief seeking the immediate return of the children from Florida to Pennsylvania. On October 12, 1999, *fn1 the Honorable Jerome P. Cheslock of the Monroe County Court of Common Pleas entered an order requiring the children’s immediate return to Pennsylvania. Mother then filed a petition for special relief in Pennsylvania requesting that the children be permitted to remain in her custody pending a full custody/relocation hearing. She attached a copy of a Temporary Restraining Order, which the Monroe County Court of Common Pleas considered to be the equivalent of a Protection From Abuse Order (“PFA”) in Pennsylvania, that she had obtained in Florida as a result of threats and harassment by Father. Father did not object to the Florida Restraining Order and, as a result, Judge Cheslock issued a superceding order on November 3, 1999, awarding primary custody of the children to Mother in Florida.

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