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DENNIS R. RINEHIMER v. JUDITH RINEHIMER (12/12/84)

filed: December 12, 1984.

DENNIS R. RINEHIMER, APPELLANT,
v.
JUDITH RINEHIMER



No. 1909 Philadelphia 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Luzerne County at No. 336-C of 1982.

COUNSEL

Martin J. Meyer, Kingston, for appellant.

Joyce A. Stack, Wilkes-Barre, for appellee.

Wickersham, Wieand and Montemuro, JJ. Wieand, J., filed a concurring opinion.

Author: Wickersham

[ 336 Pa. Super. Page 448]

Appellant, Dennis R. Rinehimer, appeals from a custody and visitation order entered in the Court of Common Pleas of Luzerne County.

Appellant is the father of two minor children, Shaun and Kevin Rinehimer. The boys are presently ages 3 and 2. At the time of appeal, appellant and Judith Rinehimer, Shaun's and Kevin's mother and appellee herein, were in the process of obtaining a divorce. Since the date of separation, shortly before the younger boy's birth, the boys have lived with their mother in the home of their maternal grandparents.

The parties entered into an agreement concerning custody and visitation, which was incorporated into an order on May 7, 1982. On December 13, 1982, appellant father filed a petition to modify that order. A master's hearing followed, resulting in two interim orders, dated January 19, 1983 and February 11, 1983, providing for partial custody for the father. The matter was scheduled for review and further hearings on May 3, 1983. On May 12, 1983, the

[ 336 Pa. Super. Page 449]

    lower court issued its final order. Appellant father filed 19 exceptions to that order, several of which were allowed by the court, and the rest dismissed. Appellant filed this timely appeal to both the final custody-visitation order and the order dismissing his exceptions. The lower court has provided us with two very thorough opinions, one dated June 16, 1983 and the second dated August 30, 1983.

Appellant argues not with the grant of primary physical custody to the mother, but rather with the amount and periods of time he is given partial custody.

Specifically, appellant raises the following issues before us:

I. Whether the lower court erred in establishing a partial custody schedule which effectively prohibits the Father-Appellant from taking his minor sons to services at his church, thereby precluding him from exposing them to the formal practices of ...


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