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HOT LAW NEWS DOMESTIC
LAW – CUSTODY In a recent decision by the Pennsylvania Supreme Court, a stepfather was granted custody of his stepson over the petition of the natural father. The
boy, approximately 13 years of age, had lived with his stepfather and natural
mother for 9 years. The natural
mother died and the stepfather continued custody of his stepson.
The natural father filed a petition for custody and under usual
circumstances, the natural father would have been granted custody of his son. In
a divided Supreme Court opinion, however, the Court decided that in applying the
“best interest of the child” test, that the boy should remain with his
stepfather. There
is no showing whatsoever that the natural father was unfit in any way. This
case may be an abberation and not necessarily a trend setter; however, it no
doubt will be used as a precedent
for similar situations that arise and will certainly give hope to step-parents
in a situation where that has been strong “bonding” between the child and
the step-parent. Ó2003 James
W. Pearson, Jr., All Rights Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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