April 12, 1985
SHERRY L. KLINE, APPELLANT
GREGORY T. SWOYER
No. 405 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Lebanon County at No. 81-3642.
Before Wickersham, Wieand, and Hester, JJ. Wieand, J. files a dissenting memorandum.
Order vacated and case remanded for further proceedings not inconsistent with this opinion. Jurisdiction is relinquished.
WIEAND, J. files a dissenting memorandum.
I respectfully dissent. I would affirm the trial court's order awarding custody of this five year old child to her father. The trial court did not abuse its discretion or commit an error of law when it determined to remove the child from further exposure to her mother's lesbian relationship with a live-in girl friend and placed the child in the stable, family relationship provided by her father, her stepmother, and her stepsisters and brother.
The majority, in my judgment, overemphasizes the child's apparent psychological problem and the mother's lesbianism. These were not the sole bases on which custody was awarded to the father.The hearing court examined carefully the characteristics of the two homes and the employment status of the father, his wife, the mother and her girl friend. The court also considered the relationships which the child enjoyed in the two family units, as well as the close ties which she had maintained with her paternal grandmother. I would affirm the order of the learned trial judge.
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