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Local Customs and Practices Cannot Determine Custody Cases
Recently, the Pennsylvania Superior Court published two opinions reiterating the well-established case law mandating a fact-specific analysis of children's best interests by the court in deciding custody disputes, as opposed to relying on local custom, practice or judicial norms. The most recent case on this issue is the 2010 state Superior Court case of B.C.S. v. J.A.S.
Background
According to the opinion, the case involves a custody dispute over the parties' two daughters, E.S., age 11, and C.S., age 10. Under the prior custody order, B.C.S., the mother, had primary physical custody of the children. The parties married in 1996 and separated in April 2006. B.C.S. resides in the Red Lion School District of York County, PA. J.A.S., the father, “maintains two residences, one in Washington, D.C., where he is employed as a Captain with the District of Columbia Fire Department, and the second in Stewartstown, Pennsylvania, also in the Red Lion School District.” The father maintains the Red Lion School District residence specifically so that the children may attend the schools in that district when he exercises physical custody.
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