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A Primer on Custody Issues in Pennsylvania and Beyond
Custody matters are addressed to the court, either as an initial Petition regarding custody, or as a Petition to Modify an existing custody order. Custody petitions may be brought by a parent, and under certain circumstances by a grandparent or by a third party. “It is axiomatic that in custody disputes, 'the fundamental issue is the best interest of the child.'” Charles v. Stehlik, 560 Pa. 334, 339, 744 A.2d 1255, 1258 (2000), quoting Ellerbe v. Hooks, 490 Pa. 363, 416 A.2d 512, 513 (1980). “Custody cases are unique in that they involve disputes between two people (generally parents) regarding the upbringing of their children. There is little applicability of substantive law from other fields into custody cases. Custody law and analysis will not be applied in situations other than those regarding children.” DeSanctis v. Pritchard, 803 A.2d 230, (Pa. Super. 2002) (custody of a dog).
Jurisdiction
Jurisdiction in custody cases is determined by the federal Parental Kidnapping Prevention Act, 28 U.S. C. ' 1738A, which looks to state jurisdictional law as one of its major tests. Kriebel v. Kriebel, 571 Pa. 356, 812 A.2d 579 (2002). In Pennsylvania (as in most states), that state jurisdictional law is the Uniform Child Custody Jurisdiction Act, 23 Pa. C.S. '' 5341-66.
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