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JALAL FATEMI v. LINDA BRODBECK FATEMI (02/27/85)

filed: February 27, 1985.

JALAL FATEMI
v.
LINDA BRODBECK FATEMI, APPELLANT



NO. 01714 PHILADELPHIA, 1983, APPEAL FROM THE ORDER DATED JUNE 8, 1983, IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, CIVIL DIVISION, AT NO. 2883-C of 1980.

COUNSEL

Joseph P. Lenahan, Scranton, for appellant.

Richard M. Goldberg, Wilkes-Barre, for appellee.

Spaeth, President Judge, and Beck and Tamilia, JJ. Tamilia, J., files concurring and dissenting opinion.

Author: Beck

[ 339 Pa. Super. Page 593]

Appellant mother challenges the lower court's denial of: (1) her petition for custody of her sons; (2) her petition for more liberal partial custody, and (3) her petition for partial custody privileges in the presence of male companions. With one modification, we affirm.

Appellant Linda Fatemi ("mother") and her divorced husband, appellee Jalal Fatemi ("father"), have two sons: Kevin born in 1975, and Curt in 1977. The parties separated early in 1980. The mother retained custody of the two children.

In April 1980 the father went to Iran to be with his family and took the children with him without informing the mother. She did not see the children again until December 1980 when he returned to Wilkes-Barre with them. At his insistence, the parties met in Switzerland in August 1980 and reached an agreement which was incorporated into their divorce. The agreement provided that the father would retain custody of the children, with the mother having visitation privileges each day in his home. Both parties found this arrangement unworkable.

On September 15, 1982, the mother filed a petition for modification. On October 14, 1982, the parties, both represented by counsel, met with a master and entered into a stipulated agreement ("stipulated agreement") which was converted into a court order on October 15, 1982. The order confirmed custody in the father. The mother was awarded partial custody two weekends a month, with overnight privileges on one of those weekends, and three hours every Tuesday and alternating Mondays.

[ 339 Pa. Super. Page 594]

Problems arose immediately with this schedule. In December 1982, the mother filed a petition for contempt, and the father filed a petition to modify. After unsuccessfully attempting to resolve the matter through conferences with the parties, the court entered an interim order. It also ordered evaluations of the children, the parties, and their homes.

The parties continued to experience problems with the schedule. In April 1983, the father filed a contempt petition. The mother filed an answer and new matter requesting custody be transferred to her.

The trial court held hearings on May 26 and 31, and June 7, 1983. In order to consolidate the numerous petitions before it, the court with the agreement of the parties, treated the matter as a custody hearing on the merits.*fn1 N.T. 5/26/83, 4-6. On June 8, 1983, the trial court issued an order confirming custody in the father, granting the mother expanded partial custody on weekends as well as holidays, and one week in the summer. The order prohibited the mother from having male companions present while she was enjoying partial custody. The mother appeals this order.

Initially we note that the trial court fulfilled its responsibility to provide a complete record. The judge also wrote a thorough and well considered opinion. In re Donna W., 325 Pa. Super. 39, 472 A.2d 635 (1984). Both parties were afforded full opportunity to present evidence on all aspects of the dispute before the court. The trial court interviewed both children in chambers, and the following ...


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