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In BKM v. JAM (2012 PA Super 156, July 31, 2012), the Superior Court reviewed a custody order in which the Montgomery County court had imposed an equally shared custody arrangement if Mother did not relocate to Sweden, or primary custody to Father if Mother did relocate. The trial court’s order was issued after a hearing, in which the court disregarded evidence offered by Mother pertaining to the children’s environment […]

In April, the Pennsylvania Legislature enacted amendments to a law that grants custody rights to families of servicemembers during military deployments. The new law, which is published at 51 Pa.C.S. § 4109, authorizes our courts to temporarily transfer a servicemember’s custody rights to other members of the servicemember’s family during a deployment in support of a contingency operation. To transfer their custody rights, servicemembers must petition the court along with the […]

J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super.2011) – Mother and Father had a child to their very short term marriage. When the child was an infant, still breastfeeding, Mother initiated a custody proceeding and Father countersued for primary custody. Father resided in the North Hills of Allegheny County and commuted to Indiana, PA for work. Mother resided in DuBois. After a custody hearing, the trial court ordered that Father have […]

LAM v. CR (2012 PA Super 45, February 27, 2012) – Superior Court affirmed decision to allow Mother to relocate from York County to Boston. No majority opinion was issued, but Judge Donohue published a dissenting opinion. In her opinion, Judge Donohue criticized the majority’s holding that the 2011 Child Custody Act did not apply. Mother filed a complaint for custody on November 3, 2010, with a request to relocate, […]

In M.O. v. F.W. (2012 PA Super 49, February 28, 2012), the Superior Court considered a case in which custody litigation began even before the child was born. Initially, the child’s mother exercised primary physical custody, and the father had partial custody for six overnights every two weeks (nearly an equal shared custody arrangement). When the child was two or three years old, Father accused Mother and her boyfriend of […]

In CMK v. KEM (March 27, 2012), the Superior Court took up the case of a mother who followed the notice procedures for custody relocation under the 2011 custody statute. She sent a notice to her child’s father, advising him that she intended to move from Grove City, Mercer County, to Albion, Erie County, a distance of 68 miles. Father objected to the relocation, and the trial court held a […]