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Favacchia v. Favacchia

Pennsylvania court did not exceed its subject matter jurisdiction under the Uniform Child Custody Jurisdiction Act by its entry of a contempt order transferring primary physical custody of minor children who had been living in Delaware for the last four years, because all parties had significant contacts with Pennsylvania.

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� 1 Appellant, Janice Favacchia/Brown, hereinafter (“Mother”), appeals from the order of the Trial Court entered February 9, 2000 confirming its earlier custody order of January 7, 1999. After review, we affirm.

� 2 Mother and Appellee, Henry Favacchia, hereinafter (“Father”) were married in 1984, here in Pennsylvania. Trial Court Findings of Fact, filed 2/9/2000, at 1. At the time of the marriage, Mother had one child, Joshua, who was born in 1983. Id. at 2. After their marriage, Mother and Father settled in the town of Upper Darby, which is in Delaware County Pennsylvania and, subsequently, one child, Jessica, was born to them in 1987. Id. Approximately a year later, the parties separated. Id. Ultimately, the parties were formally divorced in 1992. Mother continued to live in Pennsylvania from the time of her separation in 1989 until February of 1992, when she moved to Wilmington, Delaware with both Joshua and Jessica. Father continued to live at all times in Pennsylvania where he presently still resides. Id. at 2.

� 3 The lengthy and convoluted history of these instant proceedings between the parties began in 1989 when Mother filed a complaint for custody of Jessica and a petition for emergency custody in the Court of Common Pleas of Delaware County, Pennsylvania. The Trial Court entered an order granting Mother temporary custody of Jessica and giving visitation rights to the Father. Father then filed an answer to the complaint in custody and also a counterclaim seeking custody of both Jessica and Joshua.

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