B.S.G. v. D.M.C.

In this custody matter, Father appealed from the order that denied his petitions for contempt against Mother and primary physical custody of the parties’ 10- year-old daughter and, instead, continued the parties’ shared legal and physical custody arrangement, albeit with some modification. Father contended that their shared legal custody arrangement precluded a court from assigning one parent ultimate decision-making authority on certain aspects of a child’s life. He asserted the lower court abused its discretion when it weighed the evidence in favor of Mother on the majority of custodial factors enumerated in 23 Pa.C.S. § 5328(a). The Pennsylvania Superior Court affirmed, holding that it was within the lower court’s reasonable exercise of discretion to conclude that preserving the parties’ shared legal and physical custody arrangement was in Child’s best interests.

B.S.G.