Child Custody, Visitation & Relocation

CHILD CUSTODY RELOCATION RULES & REQUIREMENTS

Nov 05, 2019

If you share custody of your child with the child’s other parent and intend to relocate, you need to read this newsletter if you intend to relocate with your child. “Relocation” is defined as a “change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” Pennsylvania […]

MOTHER’S RELOCATION TO ANOTHER STATE WITH MINOR CHILD WOULD IMPROVE CHILD’S QUALITY OF LIFE

Oct 03, 2019

Mother was permitted to relocate to another state with the parties’ minor child, because the court concluded the move would improve the child’s general quality of life. The parties were the parents of a minor child, Christopher, age 5. They resided together for approximately the first ten months of the child’s life. After that, the […]

GRANDPARENTS’ PETITION TO INTERVENE IN CHILD CUSTODY MATTER DENIED

Sep 18, 2019

Trial court correctly denied grandparent’s petition to intervene in a custody matter where grandparents failed to establish statutory requirements for standing or prove that both parents were without care or control over the child. Order of the trial court affirmed. Paternal grandmother E.A.S. appealed from the denial of her petition to intervene in the custody […]

COURT ORDERED EQUAL PARENT’S CUSTODY WHERE OLDER CHILD ULTIMATELY EXPRESSED HER INTEREST FOR EQUAL PARENTING TIME

Aug 19, 2019

Trial court did not err in granting interim and final orders equalizing parents’ custody time where older child ultimately expressed her preference for equal parenting time. Orders of the trial court affirmed in part and vacated in part. Father D.B. appealed from the trial court’s order decreasing the number of days father exercised physical custody […]

COURT AWARDED SHARED LEGAL AND PHYSICAL CUSTODY TO NON-BIOLOGICAL LESBIAN PARENT

Aug 15, 2019

Trial court properly awarded shared legal and physical custody to biological mother and her former romantic partner who had been granted in loco parentis standing because trial court analyzed the 23 Pa.C.S. §5328 custody factors and the record supported the trial court’s findings. Affirmed. Appellant, child’s biological mother, and partner were involved in a committed […]

COURTS ARE RELUCTANT TO DISTURB EXISTING CUSTODY ARRANGEMENTS WHICH HAVE SATISFACTORILY SERVED THE BEST INTERESTS OF A CHILD

Aug 12, 2019

While the parties’ minor child recently expressed a preference for living with father, the court refused to alter the current custody arrangement, which had satisfactorily served the best interests of a child, given the child’s apparent attempt to please father. The trial court issued a custody order. The parties were married in 1994 and divorced […]

CUSTODY STATUTE FOR GRANDPARENTS OF A CHILD WITH DECEASED PARENT IS CONSTITUTIONALLY VALID

Jun 12, 2019

Automatic child custody standing statute for grandparents of a child with deceased parent did not violate due process or equal protection rights of surviving parent where the statute served compelling state interest of protecting and promoting child emotional well-being by ensuring continued longstanding and beneficial grandparent-child relationships. Father C.H. appealed from the trial court’s order […]

Gag Order Issued In Child Custody Case

Mar 27, 2019

Trial court’s gag order preventing second wife and her attorneys from publicly discussing anything that might identify or harm the child in a child custody case was constitutionally permissible since it was narrowly-tailored to advance the substantial government interest of safeguarding the child from physical and emotional harm. Father and first wife adopted child in […]

ALTHOUGH CHILD RELOCATION IS IN MINOR CHILD’S BEST INTEREST, IT IS NOT NECESSARY TO MOVE IMMEDIATELY

Feb 11, 2019

Mother demonstrated that a proposed move to Missouri to seize on an opportunity to own a working cattle farm was in her minor child’s best interests but failed to demonstrate that it was necessary to move immediately. The court granted mother’s petition to relocate but delayed the move until the school year’s end. Mother and […]

FATHER’S PETITION TO MODIFY CUSTODY ORDER TO ALLOW A CHANGE OF SCHOOL DISTRICTS DENIED

Feb 04, 2019

The court denied father’s motion to modify custody order to allow the child to change school districts, because the court found the child was performing satisfactorily in her current district and she had already had an individualized educational plan in place there. The parties were the parents of a ten year old child, KB. They […]