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Reefer v. Reefer

The trial court erred in failing to apply the Gruber factors where the mother, a non-custodial parent, filed a petition for modification of custody; the evidence in the record does not support the trial court's finding that the child's paternal grandmother had de facto custody.

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�1 Gregory T. Reefer (“Father”) appeals the May 14, 2001 Order awarding primary physical custody of his son, Anthony James Reefer, to Anthony’s mother, Elana G. Black (“Mother”). Upon review, we vacate and remand.

�2 Father and Mother were married on September 12, 1992, and had one child, Anthony, who was born on November 11, 1992. Mother and Father were divorced on October 19, 1995. Pursuant to an agreement, Mother and Father shared legal and physical custody of Anthony. In January 1996, Mother began living with John Black. However in April 1996, Mother moved back into Father’s house in Elderton, Armstrong County, and resided there with Father and Anthony until early 1998. In October 1996, while she was residing with Father, Mother gave birth to another son, Corey, fathered by Black. In or around June 1998, Mother moved with Anthony and Corey to Indiana County. However, in September 1998, by mutual agreement of the parties, Anthony moved back in with Father so that he could attend Kindergarten in Elderton. On November 12, 1998, Mother married John Black and moved with their son Corey to North Carolina. On March 31, 2001, Mother filed a petition to modify custody, through which she sought primary physical custody of Anthony. The trial court awarded Mother primary physical custody, and granted Father partial physical custody. Father now appeals.

�3 Preliminarily, we note that our standard of review of child custody orders is broad:

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