Some of the more trying and difficult child custody cases are relocation cases. Prior to the custody act of 2011, relocation cases in Pennsylvania were governed by the case of Gruber v. Gruber, 583 A.2d 434 (Pa. Super. 1990), and its progeny. The Gruber case provided a three-pronged analysis and was interpreted by numerous Superior Court cases to contain a trickle-down theory. The trickle-down theory, in essence, meant if the intended relocation was beneficial for the parent it would be deemed beneficial to the child. Upon the enactment of the new custody statute in 2011, the Gruber test was replaced with a 10-factor statutory analysis. One of the more interesting aspects of the 10-factor analysis in the custody act is the fact that it delineates, as two separate factors, the benefits of the proposed relocation to the relocating parent, and the benefits to the child independently of the benefits to the parent. The new custody act provided a glaring reminder that in all custody actions, regardless of whether it is a relocation case, the best interest of the child is paramount and an independent consideration and not merely something that flows to the child from the parent.
Since the enactment of the new custody statute, the Superior Court has reminded the trial courts that all of relocation factors should be analyzed by the trial courts in rendering custody relocation decisions. In the recent case of D.K.D. v. A.L.C., 141 A.3d 566 (Pa. Super. 2016), it is clear that every factor in the relocation statute is important and can have a severe impact to the custody decision.
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