Last week, the Superior Court affirmed the order of a trial court awarding primary physical custody of twin boys to their non-biological parent in a custody dispute. In so doing, the court reapplied a well-established doctrine in Pennsylvania law, but also implicitly recognized a new reality in family formation – the rise in parenting by same-sex couples.
The Superior Court first announced its decision in Jones v. Jones, PICS Case No. 05-1564 (Pa. Super. Sept. 30, 2005) Klein, J. (9 pages) as a non-precedential memorandum opinion on Sept. 27. Three days later, however, the court decided to report the case as precedential.
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