It is not uncommon for a custody matter to involve a parallel issue, investigation, or case with the Department of Human Services (DHS). DHS typically investigates and makes determinations regarding child abuse, child neglect, and similar issues. If an administrative law judge presiding over a DHS case makes a ruling as to child abuse, what, if any, authority does that carry with it in a custody matter involving the same child and parties? The recent matter of A.C. v. J.B., 1751 EDA 2022, attempts to shed some light on that question.

The matter in A.C. involved an allegation that the father sexually abused the child-at-issue (child) when the child was about 3 and a half years old. In December 2014 the court entered an order whereby the father and mother of the child would share custody over the child, with the mother having primary custody and the father having partial custody. The parties shared legal custody. This arrangement, with some minor variations, persisted until 2018 when the mother alleged that the child reported that he was sexually abused by the father. In light of this, the court entered a temporary order granting the mother sole physical and legal custody over the child.

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