The Herald, Sharon, Pa.

Local News

October 6, 2008

Mom loses appeal to move children

By Joe Pinchot

PYMATUNING TOWNSHIP — A state appellate court has agreed with a local judge that allowing a woman to move her two children out of Mercer County, away from their dad, is not in the best interests of the children.

Cynthia Yeager lives in Pymatuning Township with her two children, ages 8 and 6, and her ex-husband, Brian, lives nearby.

The Yeagers were married in 1997 and divorced last year. Ms. Yeager was awarded primary physical custody, while she shares legal custody with Yeager.

Mercer County Common Pleas Judge Thomas R. Dobson called the Yeagers “as mismatched as any pair that has come before this court.”

Ms. Yeager asked to move her children to Willoughby, Ohio, where she was raised, according to the Superior Court opinion filed Thursday. She argued that the move would bring the children into a better school system, they would have more recreational opportunities, and more children would live closer to them.

Dobson, in a Dec. 21 order, concluded that the move would substantially benefit Ms. Yeager and would increase living expenses — she would have to pay apartment rent when she currently lives rent- and mortgage-free in an unfinished home Yeager built. Dobson also said Ms. Yeager apparently is willing to put her interests over that of her children.

In her appeal, Ms. Yeager argued that Dobson adopted inaccurate and incomplete facts and his conclusion was not supported by evidence.

A three-judge panel of Superior Court said Dobson took into account the children’s access to their father; how a move would affect their safety; the neighborhood where they live and the one in Willoughby; the wishes of the children; the parents’ motives; and many other factors.

“We agree that relocation would not serve to improve the children’s quality of life or be in their best interests, as the proposed move would serve only to worsen an already strained mother/father relationship, causing the children more stress and emotional upset, with no obvious overriding benefit,” the court said.

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