Michael E. Bertin of Obermayer Rebmann Maxwell & Hippel. Courtesy photo Shared Legal and Equal Physical Custody Awarded to Third Party
In 2019, an important case was decided by the Pennsylvania Superior Court. That case was RL v. MA. The RL case pertained to a custody dispute between a same-sex couple. In Pennsylvania's Child Custody Act, there is only one presumption.
December 08, 2023 at 01:23 PM
7 minute read
Family Law
In 2019, an important case was decided by the Pennsylvania Superior Court. That case was RL v. MA, 209 A.3d 391 (Pa. Super. 2019). The RL case pertained to a custody dispute between a same-sex couple. In Pennsylvania's Child Custody Act, there is only one presumption. That presumption is under Section 5327, which is titled: "Presumption in Cases Concerning Primary Physical Custody." Under subsection "b" of that Section titled: "Between a Parent and Third Party," it reads: "in any action regarding the custody of a child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent. The presumption in favor of the parent may be rebutted by clear and convincing evidence." In the RL case, the nonbiological mother was seeking equal physical custody of the child.
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