The recent case of E.D. v. M.P. , filed on Nov. 9, is very important for family law attorneys as it is the first reported appellate case pertaining to child custody relocation under the new Child Custody Act.
The new Child Custody Act went into effect on Jan. 24. The act revamped child custody law in Pennsylvania by codifying existing case law as well as rewriting other areas. In particular, the new act drastically changed the law pertaining to child custody relocation. Prior to its enactment, child relocation was governed by the Superior Court case of Gruber v. Gruber and its progeny. Gruber set forth a three-pronged test focusing on the potential advantages of the proposed move to the parent and the child, the motives of each party and a substitute custody schedule.
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