Tag: Child Custody

Is Parental Conflict Too Great for Shared Custody?

Pennsylvania Appeals Court Weighs Shared Custody Factors

August 12, 2016 | Blog, Child Custody

Icon for author Brian Vertz Brian Vertz

Estranged parents in Pennsylvania might wonder whether a court is likely to award shared custody when there is parental conflict. Recently the Superior Court of Pennsylvania, in S.A.W. v. R.J.S. (non-precedential), No. 2214 MDA 2015 (August 5, 2016), heard an appeal from a Father hoping to overturn a shared custody decision. The Father argued that shared custody was not in the children’s best interests because the parents were incapable of cooperating with […]

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Equal Custody Trumps Long Commute to School

April 12, 2015 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

When one parent moves to a new neighborhood after having equal shared custody, the move might cause a longer commute time for a children traveling to and from school.  In a recent published decision, the Superior Court of Pennsylvania considered whether it was reasonable to shift primary custody to one parent in order to limit the child’s commuting time. In R.S. v. T.T., 2015 Pa. Super. 72 (April 10, 2015), […]

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Superior Court Affirms Bio Parents’ Constitutional Advantage over Grandparents in Custody Cases

September 22, 2012 | Blog, Child Custody

Icon for author Brian Vertz Brian Vertz

A new Superior Court decision arising from Northampton County affirms the constitutional advantage that biological parents have in custody proceedings against grandparents and other third parties. In V.B. and C.B. v. J.E.B. and C.C. (2012 PA Super 200, 9/21/12), the Court reversed a decision in which the trial court awarded primary custody to the grandparents. The Court held that the presumption in favor of parents was not overcome by evidence […]

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Dissenting Judge Would Impose Heavier Burden on Relocating Parents

April 09, 2012 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

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, […]

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