Court affirms custody award to Sean Parnell's estranged wife

The state Superior Court on Thursday affirmed a lower court decision awarding primary physical custody of former Republican U.S. Senate candidate Sean Parnell’s three children to his estranged wife.

The 33-page opinion written by Superior Court Judge Mary Jane Bowes was unanimous. She was joined in the opinion by Judges Judith Ference Olson and Deborah A. Kunselman.

In November, Senior Judge James Arner awarded sole legal custody of the children to Laurie Snell, finding her to be the more credible of the parties following three days of trial. He wrote that the need for stability and continuity in the children’s lives were among the most important facts he considered.

Hours after receiving Arner’s decision, Parnell, who had been backed by former President Donald Trump, dropped out of the Republican primary for Pennsylvania’s U.S. Senate seat.

In doing so, he said he needed to focus exclusively on his children.

“I want them to know I do not have any other priorities and will never stop fighting for them,” he said in a statement.

He filed an appeal with the state Superior Court on several grounds, including whether Arner erred by speculating about Parnell’s future travel schedule and potential unavailability; in finding that Parnell lacked credibility and in allowing evidence that he allegedly abused Snell.

But in reaching its opinion, the Superior Court found no error.

“We are not unsympathetic to father’s desire to participate in decisions about the children’s school, religion, and medical providers,” Bowes wrote. “Nonetheless, even if we might have reached a different conclusion as to legal custody were we deciding the matter in the first instance, we cannot impose our view where, as here, the trial court’s conclusion is reasonable in light of its credibility determinations and sustainable findings of fact. “

In the opinion, Bowes wrote that Parnell was asking the court to “‘re-find facts, re-weigh evidence and re-assess credibility. That is not our role.’”

The appellate court said that Arner also did not abuse his discretion in finding that the original shared custody agreement between Parnell and Snell wasn’t working.

Arner found that the parties were equally to blame for the level of conflict they had, which stopped them from being able to share in decision making.

It was clear during testimony in the Butler County custody trial that the two, who separated in 2018, had a volatile relationship and difficulty communicating with each other about the children.

On the first day, Snell testified that Parnell had physically abused her and their children and exhibited fits of rage.

In his own testimony, Parnell vehemently denied those allegations.

Separating out those allegations, Arner found that Snell provided more stability for the children, in part because she could work from home, and because Parnell traveled extensively for work.

The lower court acknowledged in his opinion that the three children said they feel safe with both parents and that both of their parents properly care for them.

Under those circumstances, the judge wrote, it would indicate that shared custody would make sense.

“However, that arrangement has been tried and is not working, primarily because both parents refuse to communicate and compromise,” Arner wrote.

The appellate court agreed.

“The evidence reveals that while, as the trial court observed, the parties generally share the same values about the children’s education and participation in extracurricular and social activities, they manifest a chronic inability to agree about how to effectuate those values,” Bowes wrote.

However, she added that the order awarding Snell custody is not immutable and could change if the parties demonstrate a willingness to communicate.

A message left with Parnell’s attorney Thursday afternoon was not immediately returned.