[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
Before: STEVENS, DONOHUE, and FITZGERALD, JJ.
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.

-----------------------------------------------------Want 50 state & federal case law? - click here

J. P. v. S. P.

J. P. v. S. P. No. 1229 WDA 2009 2010 PA Super 37 Atlantic: n/a Filed: 3/16/2010
	Appeal from the Order Dated June 24, 2009 In the Court of Common Pleas of Lawrence County Civil Division at No. 11210 of 2008, C.A.
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
S.P. (“Mother”) appeals from the trial court’s order dated June 24, 2009, and entered on June 25, 2009, wherein the trial court granted the parties shared legal custody of their three daughters and awarded J.P. (“Father”) primary physical custody of the children. We affirm.http://www.blogger.com/post-create.g?blogID=725292761438552781

-----------------------------------------------------
Want 50 state & federal case law? - click here