Appeal from Order of the Court of Common Pleas, Family Division, of Philadelphia County, No. DR 8406202
Frank M. D'Amore, Philadelphia, for appellant.
Irving Pollack, Philadelphia, for appellee.
Cirillo, President Judge, and Wieand and Olszewski, JJ.
In this appeal from an order granting a father limited, partial custody of his minor daughters, the father contends that the trial court abused its discretion and committed an error of law when it took into consideration his homosexual relationship with a male roommate. We disagree and affirm the trial court's order.
Clemente Pascarella and Mary Pascarella, husband and wife, were separated on March 17, 1984, when Clemente left the marital home to pursue a homosexual relationship with Anthony Capone. On June 15, 1984, Clemente instituted an action seeking partial custody of his minor daughters, Nicole and Victoria, aged five and two respectively. The trial court, on October 5, 1984, entered a temporary order allowing the father two hour visits with his daughters at the family court nursery on alternating Sundays. After a hearing on June 18, 1985, at which it appeared that the mother had been allowing the girls to visit their paternal grandparents on alternating weekends, the court vacated its earlier order and entered an interim order permitting the father to visit his daughters at his parents' home. On July 10, 1985, the hearing court entered a final order awarding primary and partial custody as follows:
Custody of the children Nicole and Victoria shall be in their mother, Mary A. Pascarella.
Father, Clemente Pascarella, shall have partial custody with his children on alternate weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m beginning July 19, 1985. This partial custody shall take place at the residence of the father's parents, Marco and Josephine Pascarella; however, these periods shall not be restricted to the grandparents' residence only. Father may spend time with his children outside of their residence to engage in reasonable activities and events with his children so long as it is not in the presence or company of Anthony Capone.
However, the father may not have overnight custody of his children outside of the residence of their paternal grandparents and in no event shall any custody period with the children take place in the presence of Anthony Capone.
Father shall also have a one week period of custody during the summer with preference given to his vacation schedule so as to coincide therewith and under the same ...