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SUSAN KARIS v. GERALD KARIS (06/09/86)

filed: June 9, 1986.

SUSAN KARIS, APPELLANT
v.
GERALD KARIS



Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County at No. D.R. 82-04930.

COUNSEL

Edward R. Sutton, Trevose, for appellant.

Darrell M. Zaslow, Langhorne, for appellee.

Wickersham, McEwen and Johnson, JJ.

Author: Wickersham

[ 353 Pa. Super. Page 563]

Susan Karis appeals from the order of the Court of Common Pleas of Philadelphia County granting Gerald Karis's petition for shared custody of their son Christopher Karis.

Appellant and appellee separated in February 1982, after approximately nine years of marriage. Their only child Christopher was born on December 15, 1977. After the separation, Christopher continued to reside with appellant in the marital home. Appellee moved into the home of his mother and sister a few miles away. In May 1982, appellant filed a divorce action against appellee, in which she requested, inter alia, custody of Christopher.*fn1 On September 16, 1982, a temporary order was entered, granting appellant primary custody, and appellee partial custody every other weekend and every Wednesday night.

On October 3, 1983, the lower court entered an order for joint custody by agreement of the parties. Primary physical custody remained with appellant during the school year, with partial custody being permitted to appellee every other weekend and each Wednesday night, and during the bulk of the summer. With some minor modifications, the parties abided by this order. On October 16, 1984, however, appellee filed a petition to modify the custody order, on the basis that he wanted more time with his son and Christopher had expressed a desire to spend more time with him.

Following a lengthy hearing in April 1985, the lower court entered an order on May 10, 1985, which stated, in significant part, that physical custody of Christopher would alternate between the parties every four months, with partial custody in the non-custodial parent every other weekend. It is from this order that appellant filed this timely appeal.

Appellant raises five issues before us:

[ 353 Pa. Super. Page 564]

I. Should appellant's motion to dismiss in the Court below have been granted?

II. Should the passage of one and one-half years be adequate to require a review by the lower Court of the child's best interests?

III. Should the appellant's pregnancy by other than her husband and ultimate desire to marry the father of the child, without further evidence, be adequate to sustain a modification of the prior custody arrangement?

IV. Did the child subject to the custody proceedings express a reasoned preference for any alteration ...


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