Rm v. Js
20 A.3d 496
| Pa. Super. Ct. | 2011Background
- Father and Mother's marriage lasted from 2000 to 2010; they have one child, G.S., age 3 at the outset of the dispute.
- Child resided with Mother in Pennsylvania during portions of 2009–2010; Mother suffers from mental illness and had multiple hospitalizations.
- Family moved from Pennsylvania to Florida in 2007; Mother relocated to Pennsylvania with Child in late 2008–early 2009.
- In 2010, CYF took emergency custody of Child due to Mother's mental health crisis; Child was placed with Maternal Grandmother but later returned to Father after a dependency finding that Child was not dependent.
- Mother filed for custody in Pennsylvania in April 2010; Maternal Grandmother also filed, seeking standing to file a custody complaint.
- Trial court dismissed Father’s preliminary objections; issue on appeal is jurisdiction under the UCCJEA and related standing rules; this court remands for hearings on temporary vs permanent relocation and related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Home state jurisdiction under UCCJEA (5421(a)(1)) | Father argues PA not home state because Child did not live in PA for six consecutive months immediately before proceedings | Mother/Maternal Grandmother contend extended six-month window applies; Child lived in PA within six months before proceeding | Pennsylvania was not clearly Home State; remanded to resolve temporary vs permanent stay and potential transfer to FL |
| Temporary vs permanent relocation and Florida home state | Mother's stay in PA was temporary; FL should be home state | Court failed to hold hearing to determine temporary vs permanent; Bouzos-Reilly control cited | Remand for evidentiary hearing on whether Mother's PA stay was temporary; if temporary, FL is home state; if permanent, conduct maximum significant contacts analysis |
| Unjustifiable conduct as basis to decline jurisdiction (5428) | |||
| Mother/Maternal Grandmother failed to inform Father of Mother's deteriorating health to keep Child in PA | No unjustifiable conduct established; pleadings show no wrongdoing | Need evidentiary hearing on conduct; if PA jurisdiction maintained, decide whether to decline based on 5428 | |
| Maternal Grandmother's standing to file for custody under 5312/5313 | Maternal Grandmother lacks standing because not 12 months residency and no dependency; requires 5313(b) criteria | Grandparent has automatic standing per R.M. v. Baxter; 5313(b) prior holdings apply | Standing recognized under 5313 but 5313(b)(3) pleading deficient; remand to determine standing under §5312 and adjust pleadings; 5313 argument preserved for merits |
Key Cases Cited
- McCoy v. Thresh, 862 A.2d 109 (Pa. Super. 2004) (home state extended six-month rule interpretation under UCCJEA)
- Wagner v. Wagner, 887 A.2d 282 (Pa. Super. 2005) (analysis of jurisdiction in custody matters; conduct issues not at issue here)
- Bouzos-Reilly v. Reilly, 980 A.2d 643 (Pa. 2009) (temporary vs permanent relocation in home state analysis; necessity of hearings)
- J.M.R. v. J.M., 1 A.3d 902 (Pa. Super. 2010) (necessity of findings on temporary vs permanent nature of stay for home state relevance)
- R.M. v. Baxter ex rel. T.M., 565 Pa. 619, 777 A.2d 446 (Pa. 2001) (grandparent standing and custody rights; automatic standing concept)
- Dincer v. Dincer, 549 Pa. 309, 701 A.2d 210 (Pa. 1997) (maximum significant contacts framework for determining jurisdiction when no home state)