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In Watts v. Mannheim Twp. S.D., No. 935 C.D. 2013 (January 7, 2014), the Commonwealth Court was confronted with the issue of whether a school district must provide bus service to the homes of both parents who share custody of their children on a week on-week off basis. The school district filed the appeal, arguing that the School Code does not require it to provide transportation to a resident pupil to and from […]

The appeals in R.M. v. S.B., No. 2879 EDA 2012 (July 25, 2013) arose from an international custody dispute, in which the father resided in France and Mother resided in Montgomery County, Pennsylvania. At an earlier stage of the child’s life, the child lived in France with the father for several months in 2010. Subsequently, Mother and Father reached an agreement, which was ratified by a New Jersey court, in which […]

The Pennsylvania custody law, promulgated in 2011, lists 16 factors that a trial court must consider when determining which parent shall have custody of minor children. Already, in the brief time since the law’s passage, the Superior Court has emphasized repeatedly that the courts must consider and articulate all of the relevant factors in its decisions. See M.P. v. M.P., 54 A.3d 950, 956 (Pa.Super.2012). Several of those factors touch […]

A recent grandparent custody case developed a schism among the judges of the Superior Court in an unpublished opinion, two judges voting in favor of the grandparents and one judge dissenting. In M.M. and M.M. v. A.M. and B.M., No. 2308 EDA 2012 (February 20, 2012), a custody dispute pitted the mother of an 8 year old child against the child’s grandparents, who had been Mother’s adoptive foster parents. The […]

Perhaps grandparents and extended families have always played a major role in the rearing of children, but their involvement has become more prominent in an era of fractionalized and blended families. The Superior Court has enunciated the standards applicable to the custody rights of grandparents in a recent unpublished decision. In K.M. Jr. v. R.R., and J.L. and D.R., No. 1482 MDA 2012 (March 8, 2013), the father of a […]

Why does a parent agree to a “temporary” or “interim” custody order that allows the other parent to move away with the children, when he or she intends is fighting to win custody from the relocating parent? A wish for marital reconciliation might be one reason, or perhaps an effort to win favor with the court by appearing to be even-tempered and amiable. Maybe the parent left behind hasn’t lined […]