Sudosky, B. & A. v. Shields, C. & E.
987 MDA 2024
Pa. Super. Ct.Mar 21, 2025Background
- Richard Stoss, claiming to be Child’s grandfather, sought unsupervised physical custody of F.S., an autistic child with limited verbal skills, who was in the custody of his paternal aunt and uncle (the Sudoskys) following dependency proceedings.
- Stoss had a prior sex offense conviction from his twenties and was undergoing sex offender treatment at the time of the proceedings.
- The trial court granted Stoss standing to intervene in the custody litigation but required initially only supervised visits for both Stoss and the Child's Mother.
- Experts and supervisors provided conflicting testimony regarding Stoss's risk level, with the court ultimately not finding Stoss credible regarding his past behavior and current treatment.
- The trial court, after an evidentiary hearing, denied Stoss’s request for unsupervised custody and Mother’s similar request; only Stoss appealed this decision.
- The appellate court affirmed the trial court’s denial, deferring to the trial court’s credibility findings and best interests analysis as supported by the record.
Issues
| Issue | Stoss's Argument | Sudoskys' Argument | Held |
|---|---|---|---|
| Whether Stoss should be granted unsupervised physical custody | Statutory custody factors support unsupervised visits; Stoss is low risk according to his treatment provider. | Stoss has a history of a sex offense; risk to Child, especially given Child’s limited verbal abilities and ongoing need for safety. | Denied; trial court found Stoss not credible and evidence did not support unsupervised custody. |
Key Cases Cited
- R.L. v. M.A., 209 A.3d 391 (Pa. Super. 2019) (sets standard of review for custody determinations, emphasizing deference to trial court’s credibility findings)
- C.G. v. J.H., 193 A.3d 891 (Pa. 2018) (paramount concern in custody cases is the best interests of the child)
- M.J.N. v. J.K., 169 A.3d 108 (Pa. Super. 2017) (best-interests analysis requires consideration of all factors legitimately affecting the child)
- K.T. v. L.S., 118 A.3d 1136 (Pa. Super. 2015) (deference owed to trial court on credibility and weight of evidence in custody matters)