Sunny Florida: Relocation Granted
September 1, 2005

The following Article appeared in the Pennsylvania Family Lawyer, Vol. 27, issue No. 3 (September 2005) edition.

BY Michael E. Bertin, Esquire

Billhime v. Billhime, 869 A.2d 1031 (Pa. Super 2005).

The Pennsylvania Superior Court (Bender, Gantman, and Johnson, JJ.) reversed the Montour County trial court's (Judge Naus) denial of a Petition to Relocate to Florida, holding that the trial court improperly applied the Gruber analysis.

Lisa Billhime ("Mother") and Darien Billhime ("Father") married on December 2, 1994 in California. In late 1996, the parties moved to Orlando, Florida, where Mother's family is located. In December of 1996, Mother gave birth to the parties' twin boys, A.B. and E.B. While living in Florida, Mother was a part time actress working in the entertainment industry by doing commercials, voice-overs, and small acting roles. Father was a radiology technician. In 2000, Mother also began working full-time as a bookkeeper and salesperson. Father's employment in Florida was unsteady.

In January 2001, the family relocated to rural Pennsylvania, where they purchased a farm that had been owned and operated by Father's family for five generations. After renovating the family home and dabbling in farming, Father took a job as a part-time radiology technician but was laid off after nine (9) months of employment. Thereafter, he was fired from his next job as an X-ray technician. After being terminated from his X-ray technician position, Father spent the next nine (9) months farming "which proved financially unviable." After Father's failed attempt in the farming business, Father obtained a full-time job as a radiology technician in Harrisburg, which was over an hour and a half commute from the martial home. Father's new employment also required him to be on call one weekend each month and occasional overtime.

While living in rural Pennsylvania, Mother continued to pursue her acting career, which often required expensive commutes to New York, Baltimore, and Philadelphia for auditions. Although the children attended a Christian pre-school in Orlando, Mother exclusively home-schooled the children in Pennsylvania.

During the parties' marriage, the parties had a history of separating and reconciling. During one such separation, Father moved to New Mexico to live with his mother. He thereafter returned. The parties' final separation occurred on February 14, 2004. After the parties' final separation, Mother continued to live in the martial home with the children on the farm. Father moved across the street and lived with his father and stepmother.

Mother filed a Complaint in Divorce on March 25, 2004. After a Master's hearing, the trial court entered an interim Order incorporating the Master's recommendation, which included granting the parties shared legal custody, primary physical custody to Mother, and partial physical custody to Father every Tuesday and Thursday evening and alternating weekends. The Court also ordered that Mother was able to take the children to visit her family in Florida up to three (3) times per calendar year for no more than 21 days per trip.

On July 7, 2004, Mother filed an Emergency Petition for Custody requesting permission to relocate with the minor children to Florida.

At the Court ordered hearing on July 28, 2004, Mother and Father each testified. Mother revealed she wished to return to Orlando, FL to benefit from the love, support and encouragement of her extensive family, many friends from childhood, and her church community now that she and Father were separated. Moreover, the boys would be returning to a familiar place, where they have maintained closed relationships with family and friends and still remembered the school that they would enroll in if they moved back. This school has offered places for the boys and a scholarship covering ninety percent of tuition.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.