Tuesday, April 20, 2010

[B.C.S.] v. [J.A.S.]

[B.C.S.] v. [J.A.S.]
No. 1375 MDA 2009 2010 PA Super 63 Atlantic: n/a Filed: 4/20/2010

Appeal from the Order Entered July 22, 2009,
In the Court of Common Pleas of York County
At No. 2006-FC-0687093
Opinion by: FITZGERALD, J.
Appellant, J.A.S. (“Father”), appeals from the order entered in the York County Court of Common Pleas, denying his petition for shared custody and granting primary physical custody of the parties’ two daughters, E.S., age 11, and C.S., age 10 (collectively, “Children”), to Appellee, B.C.S. (“Mother”). The order also granted shared legal custody to the parties and made specific provisions for holidays and vacations. We hold that a court may not rely on any custom, practice, or judicial norm advancing a presumption of primary physical custody of school-age children when evaluating a petition to modify custody. Accordingly, we vacate and remand with instructions.
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