Partial Custody

CUSTODY

13-4 PARTIAL CUSTODY

13-4.1A Restrictions

The record reflects that the trial court imposed restrictions on the father’s periods of partial custody. The trial court ordered that the mother or any other single caregiver was to be present in the area where the father was visiting with the child. Although the fact that the mother was breastfeeding the child may have served as support for ordering that the mother be permitted to be present in the area when the child was visiting with the father, there was no indication in the record or in the trial court’s findings of fact as to why another “suitable” caregiver would need to be present while the father visited with the child. The trial court made no finding that the father was unfit or unable to care for the child on his own or that he posed any sort of threat to the child if left entirely unattended. The trial court further disallowed the father from having visits with the child in his home or having overnight visitation with child. The trial court made no finding that visitation in the father’s home would be detrimental to the child or that the father’s home was not equipped to have the child visit during the day or for overnight visitation. An award for partial custody generally does not contain any restrictions. Here, the trial court imposed restrictions on the father’s periods of partial custody without support in the record that the parties had agreed to the restrictions or that the restrictions were necessary to protect the child from some detrimental impact or safety concern. The imposition of such restrictions was, therefore, unreasonable in light of the evidence of record. In the absence of a determination that the child would suffer a detrimental impact by having unsupervised visits with the noncustodial parent, the trial court should have entered an order granting unsupervised periods of partial custody for the noncustodial parent. The order was vacated and the case was remanded. J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super. 2011).