Dilworth, A. v. Dilworth, J.

• Court: Superior Court of Pennsylvania
• Decided: March 6, 2026
• Docket: 2242 EDA 2025
• Status: Unpublished
• Author: Panella

Opinion

J-S47013-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

ANGELA M. DILWORTH : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JOHN H. DILWORTH : : Appellant : No. 2242 EDA 2025

Appeal from the Order Entered July 31, 2025 In the Court of Common Pleas of Delaware County Civil Division at No(s): CV-2023-006819

BEFORE: PANELLA, P.J.E., OLSON, J., and BECK, J.

MEMORANDUM BY PANELLA, P.J.E.: FILED MARCH 6, 2026

John H. Dilworth (“Father”) appeals from the final custody order entered

on July 31, 2025, in the Delaware County Court of Common Pleas, granting

the petition filed by Angela Dilworth (“Mother”) to relocate with the parties’

three children to Bergen County, New Jersey. The order further awarded

Mother primary physical custody during the school year and Father partial

physical custody, and it reversed the custody awards during the summer

months. Upon review, we affirm.

The record reveals that Mother initiated the child custody action against

Father in December of 2023, with respect to the parties’ eight and nine-year-

old sons, J.D. and C.D., and their four-year-old daughter, E.D. At that time,

pursuant to an agreed-upon order for exclusive possession, Father moved out

of the marital residence in Havertown, Delaware County, after eleven years of J-S47013-25

marriage, and into his parents’ home in Drexel Hill, Delaware County, where

he remained at the time of the subject proceedings. See Trial Court Opinion,

9/22/25, at 2; see also N.T., 7/10/25, at 286.

The interim custody order in effect throughout the underlying

proceedings was issued on January 19, 2024, following a hearing before a

custody officer. The order awarded Mother primary physical custody, Father

partial physical custody, and the parties shared legal custody. Pursuant to

the interim order, Father exercised custody on alternating weekends and

every Wednesday from 3:00 p.m. until 7:30 p.m. See N.T., 7/10/25, at 317.

A brief discussion about the procedural and factual history of this

custody action is necessary. The parties’ relationship is acrimonious, and they

have engaged in protracted litigation leading up to the final custody order on

appeal. For instance, on January 2 and January 30, 2024, Mother filed

Protection from Abuse (“PFA”) petitions against Father, the first of which she

withdrew, and the second the court dismissed. The trial court found that, by

April of 2024, “many petitions were filed, mostly by Mother. These petitions

mostly requested special relief or for findings of contempt against Father.”

Trial Court Opinion, 9/22/25, at 3. There is no dispute that Mother’s petitions

were unsuccessful against Father. 1

____________________________________________

1 In addition to filing various petitions, Mother twice reported Father to children and youth services after their separation, which were ultimately deemed unfounded. See N.T., 7/10/25, at 288-293. Further, Father alleged (Footnote Continued Next Page)

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The subject order arises from Mother’s notice of proposed relocation,

filed on March 8, 2024, which omitted a proposed new address. Nevertheless,

Father timely filed a counter-affidavit objecting to the relocation. On March

26, 2024, Mother filed a petition for relocation, requesting to relocate with the

children to “northern New Jersey,” to which Father filed an answer on April 4,

2024, opposing the relocation. Petition, 3/26/24, at ¶ 6.

The Honorable William C. Mackrides presided over the first day of the

custody and relocation trial on July 16, 2024. Mother, who testified on direct

and cross examination, was the only witness to testify on this date. In

addition, Mother introduced thirty-one exhibits, which the court admitted into

evidence. Father introduced ten exhibits, which the court also admitted. The

custody trial did not conclude on that date.

Approximately two weeks later, Mother filed another PFA petition

against Father, which the trial court ultimately dismissed, along with an

emergency petition to relocate, which the court denied. In September of

2024, Judge Mackrides ordered the parties to obtain a custody evaluation from

Kevin Masturzo, LCSW. The parties complied, and Mr. Masturzo completed

his report on April 2, 2025.

The second and final day of the trial was held on July 10, 2025. Because

judicial reassignments in the Delaware County Court of Common Pleas had

that Mother reported him to the police seventeen times after their separation, however, the police never arrested him. See id. at 311.

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occurred in the interim, the Honorable Rachel Ezzell Berry presided over the

continuation of the custody trial. Mr. Masturzo, Mother, and Father testified.

Father also presented the testimony of Adam Molineux, a neighbor whose sons

are friends and baseball teammates with the parties’ sons. The court admitted

Mr. Masturzo’s custody report as Exhibit C-1; three exhibits on behalf of

Father; and one more exhibit on behalf of Mother. In addition, the court

interviewed C.D., J.D., and E.D. collectively in camera.

In its opinion that accompanied the final custody order, the trial court

set forth 391 factual findings which are supported by the testimonial and

documentary evidence. See Trial Court Opinion, 7/31/25, at ¶¶ 1-391. We

now summarize the relevant evidence from the custody trial as follows.

Mother testified that she desired to relocate with the children to Bergen

County, New Jersey, which is approximately a two-hour drive from Delaware

County, because it is where she was raised, and her mother, sister, brother,

and lifelong friends reside in or near the county. See id. at ¶¶ 150-151; see

also N.T., 7/16/24, at 12. In addition, Mother explained that she has a unique

lease-to-buy opportunity for a house with a fair market value of $740,000 in

Waldwick, Bergen County (“Waldwick house”). See id. at ¶ 157. Specifically,

the owner of the house is a man whom she has known most of her life and

with whom she was in a “casual relationship.” Id. at ¶ 155. Mother testified

he would accept a purchase price of $200,000 for the house. See id. at ¶

157. Mother testified that the lease-to-purchase offer did not have an

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expiration date. See N.T., 7/16/24, at 97. Mother described the Waldwick

house as 3,000 square feet and has “a large fenced-in yard” with a pool. Id.

at 74-75.

In contrast, the marital residence is 1600 square feet, and the parties

planned to sell it as part of the divorce proceedings. See N.T., 7/16/24, at

74. Mother alleged that the marital residence is not safe because of electrical

issues. Id. at 71-72. Mother testified that, in Delaware County, she would

be able to afford a house only in Upper Darby, which she described as mostly

“row homes, no yard, older, more run down, less space for the kids. . . .” Id.

at 85-86.

Mother explained that the owner of the Waldwick house “is aware of

[her] situation” and “is very willing to help” in this way. Id. at 118. She

stated that he “owns multiple properties. He is also a Marine who has helped

his fellow Marines [who have come] back from deployment. . . . He has given

them houses. . . .” Id. at 117.

Further, Mother testified that Waldwick is ranked “in the top three

towns” in New Jersey for public school excellence. N.T., 7/16/24, at 81. She

testified that Crescent Elementary, where the children would attend public

school, is ranked in the 8th percentile in New Jersey. See id.; see also Exhibit

P-28. Further, Mother testified that Crescent Elementary has “a 16 to 1

student-teacher ratio.” Id.

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By July of 2024, the date of the first hearing, Mother had accepted a

high school English teaching position in the Paramus School District, located

in Bergen County, for the 2024-2025 school year, which included a $9000

salary increase from her teaching position in the Garnet Valley School District

in Delaware County. See N.T., 7/16/24, at 119. Mother testified that she

was hired “at a higher step” than what she held in the Garnet Valley School

District, and that her salary “would cap out sooner” in the Paramus School

District. Id. at 78. She stated, “I think it’s seven years sooner” than in the

Garnet Valley School District. Id.

By July of 2025, the last day of the trial, the marital residence had not

been sold by the parties insofar as equitable distribution in the divorce matter

was still pending.2 Mother testified that the children had remained in their

same parochial elementary school in Havertown during the last school year,

and she had commuted daily to and from the marital residence to the Paramus

School District for work. See N.T., 7/10/25, at 259. Besides teaching English,

Mother was then enrolled in a post-graduate program to become a principal

or an administrator in the Paramus School District, which would increase her

salary. See Trial Court Opinion, 7/31/25, at ¶¶ 169-170. Mother testified,

“They want me to be an administrator in that district.” N.T., 7/10/25, at 186.

2 The record does not reveal whether the parties’ divorce was bifurcated or

whether a decree of divorce had been entered by the time of the custody trial.

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Father testified that Mother always took the children to Bergen County

during her custodial weekends and when their elementary school was not in

session during the week. See id. at 352. To this point, Father testified that

Mother did not permit the children to attend birthday parties or participate in

extracurricular sports in Delaware County that occurred during her primary

physical custody time. See id. at 332-334. Mother agreed that, since the

school year came to an end, she spends most of her time in New Jersey, where

the children participate in a sports camp. See id. at 254.

Father testified that, throughout the underlying proceedings, Mother

never agreed to his requests for additional time with the children outside the

parameters of the interim custody order. See N.T., 7/10/25, at 321-329. For

example, Father testified that J.D. played baseball in the past year on

Wednesday evenings in Havertown, during Father’s custody time which was

from 3:00 p.m. to 7:30 p.m. One evening J.D. had a baseball game from

6:00 p.m. to 8:00 p.m.. Father explained, “you can’t start a new inning after

7:45. So I asked [Mother] . . . can [J.D.] just finish this game? It’ll be 15

extra minutes? No. So we ended up having to leave that game early.” Id.

at 321.

Further, Father testified that Mother has “purposely limited” his “access”

to the children. Id. at 353. However, Father does not claim that Mother failed

to abide by the interim order; rather, he claims that Mother has created “fear

and anxiety in my children . . . about even playing baseball or playing sports

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or doing things they’ve always loved to do.” Id. In essence, Father testified

he is opposed to the children relocating with Mother due to “the amount of

time I actually get to see my kids or be part of their lives. Like I’ll never coach

them again. I won’t get to see them every morning. . . .” Id. at 361. Father

requested equally shared physical custody if Mother remains in Pennsylvania,

and primary physical custody if she relocates to New Jersey. See id. at 378.

During their collective in camera interview, J.D., the middle child who

was nine years old, provided nearly all of the answers to the trial court’s

inquiries as compared to eleven-year-old C.D. and six-year-old E.D. J.D.

testified that Father has called Mother an “Italian B-*-*-*-H,” and that “[h]e

says stuff like she ruined the family. . . .” Id. at 13, 29. In addition, J.D.

testified, “one time my dad . . . was so angry that he like picked me up and

threw me on the bed. Like he threw me so hard.”3 Id. J.D. testified, “I just

3 Father testified that this incident occurred during the parties’ marriage, and

it was the subject of one of Mother’s reports to children and youth services after their separation. See N.T., 7/10/25, at 288. Father described the incident as follows:

[C.D.] and [J.D.] were fighting downstairs in our living room, like brothers do. It got a little heated . . . so I separated the two. [C.D] went and sat down. [J.D.] kept trying to fight. So I picked [J.D] up underneath . . . my arm, brought him upstairs, brought him into his room. He’s clinging onto me, trying to hit me, and I just chucked him down on his bed . . . lightly kind of toss[ed] him down on his bed. He hit the bed, he rolled over his knee, hit the wall, and there was an impression on the wall. There’s no hole in the wall. . . .

Id. at 289.

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feel like a little more safe with my mom.” Id. at 19. J.D. spoke on behalf of

his siblings by stating, “I think we’re willing to go to New Jersey,” and he

expressed wishing to keep the partial physical custody schedule the same with

Father. Id. at 26, 28. The court concluded that the children’s testimony was

of limited probative value because they “appeared to have been coached by”

Mother. Trial Court Opinion, 7/31/25, at ¶ 16.

Finally, with respect to the custody evaluation, Mr. Masturzo submitted

a thorough report based upon his individual interviews of the parties via video,

text messages, telephone, and email. See Exhibit C-1 at 2. Mr. Masturzo

also individually and privately interviewed the children by video on two

occasions, first when they were present with Father in their paternal

grandparents’ home in Drexel Hill and then again when the children were

present in the Waldwick house. See id. On both occasions, the children

expressed their desire to maintain the current custody schedule between their

parents and to relocate with Mother to New Jersey. See id. at 13-14, 15-17.

The oldest child, C.D., told Mr. Masturzo that he worried whether Father “will

not like him if he moves to New Jersey” with Mother. Id. at 13. Moreover,

C.D. told Mr. Masturzo during his interview at the Waldwick house that, after

Mr. Masturzo spoke to him and his siblings the prior week at his paternal

grandparents’ home, “Dad said mom cheated on him and we will break his

heart if we move. Grandpop said look at the seventh commandment for

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adultery. I can’t believe you guys would turn your back on me. . . .” Id.

(punctuation added).

Further, Mr. Masturzo participated in a “virtual tour” of the Waldwick

house, and he virtually “observed” the marital residence and the home of

Father’s parents in Drexel Hill. See id. Mr. Masturzo found, in contrast to the

Waldwick house, that the marital residence is in “fair/poor condition.” Exhibit

C-1 at 9. Specifically, he observed “[e]xposed electrical work and the

condition of the front playroom, mudroom, and basement appear to be safety

issues.” Id.

Mr. Masturzo testified that “it’s a good opportunity” for Mother to

purchase the Waldwick house and emphasized that Mother consistently

explained that the owner of the house is “a successful contractor [who] giv[es]

back to his community through helping people.” Id. at 117.

Ultimately, Mr. Masturzo recommended, inter alia, that the court

continue the legal and physical custody awards exercised throughout the

parties’ separation with a schedule like that set forth in the interim order, and

that the children be permitted to relocate to New Jersey. See Exhibit C-1 at

35. Mr. Masturzo’s recommendation was based, in part, on his belief that the

relocation will not “significantly impact” Father’s relationship with the children.

Id. at 34.

By order dated July 30, 2025, and entered on July 31, 2025, which was

accompanied by a thorough opinion, the trial court awarded the parties shared

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legal custody; Mother primary physical custody during the school year; and

permitted the children to relocate with Mother to the Waldwick house in

Bergen County, New Jersey. The order awarded Father partial physical

custody every two out of three weekends per month from Friday after school

until Sunday at 6:00 p.m. The order reversed the awards during the summer

by placing primary physical custody in Father and partial physical custody in

Mother with a schedule that was the same for that of the school year. The

order also designated a holiday and vacation schedule. Finally, the order

included additional provisions for the right of first refusal and for the parties

to exercise flexibility with their custody time for the purpose of

accommodating the other parent and/or allowing the children to attend

birthday parties near the other parent’s home.

On August 26, 2025, Father timely filed a notice of appeal. Father filed

a concise statement of errors complained of on appeal pursuant to Pa.R.A.P.

1925(b) on September 9, 2025, wherein he asserted thirty-six errors by the

court.4 The trial court issued a Rule 1925(a) opinion on September 22, 2025,

4 By failing to concurrently file the concise statement with the notice of appeal,

Father violated Pa.R.A.P. 1925(a)(2)(i). However, Mother does not claim that she was prejudiced as a result of Father’s procedural misstep. In addition, Father’s error did not impede the trial court’s ability to issue a thorough opinion in response. Therefore, we conclude that his error was harmless, and we will not dismiss his appeal. See In Re K.T.E.L, 983 A.2d 745, 747 (Pa. Super. 2009) (holding that the failure to file a concise statement wherein it states errors complained of on appeal with the notice of appeal will result in a defective notice of appeal, to be disposed of on a case by case basis).

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wherein it states that the errors asserted were “not concise and quite

redundant.”5 Trial Court Opinion, 9/22/25, at 5, n.1. Nonetheless, the court

responded to each of Father’s assertions. Id. at 8-37.

Father has raised each of the thirty-six issues in his statement of

questions involved in his brief. Our Supreme Court has declared that raising

a staggering number of issues is not effective appellate advocacy and is

“borderline abuse of the legal system.” Commonwealth v. Robinson, 864

A.2d 460, 480 n.28 (Pa. 2004). The Court explained that “multiplying

assignments of error will dilute and weaken a good case and will not save a

bad one.” Id. (emphasis omitted) (quoting Jackson, “Advocacy Before the

United States Supreme Court,” 25 Temple L. Q. 115, 119 (1951)).

Father presents the following issues in this appeal:

5 Rule 1925(b) provides “The Statement should not be redundant or provide

lengthy explanations as to any error. Where non-redundant, non-frivolous issues are set forth in an appropriately concise manner, the number of errors raised will not alone be grounds for finding waiver.” Pa.R.A.P. 1925(b)(4)(iv). However, this Court has previously stated that “[n]oncompliance with Rule 1925(b) may result in waiver.” Zabrosky v. Smithbower-Zabrosky, 273 A.3d 1108, 1113 (Pa. Super. 2022) (citing Commonwealth v. Reeves, 907 A.2d 1 (Pa. Super. 2006) (observing that concise statement which is too vague or too verbose frustrates the ability of both the trial court and the appellate court to review the appeal)).

We disapprove of Father’s lengthy concise statement of errors complained of on appeal. However, to the extent the trial court requests that this Court waive Father’s issues on appeal for not being raised in accordance with Rule 1925(b), we conclude it is inappropriate in this case where the trial court provided a thorough review of Father’s claims.

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1. Did the trial court commit an error of law and/or abuse of discretion by failing to adequately weigh the custody factors as set forth in 23 Pa.C.S. § 5328(a)(1) through (16)?

2. Did the trial court commit an error of law and/or abuse of discretion in its application of the custody factors as set forth in 23 Pa.C.S. § 5328(a)(1) through (16)?

3. With regard to custody factors was the trial court’s decision against the weight of the evidence in contradiction to the bulk of credible evidence?

4. With regard to custody factors was the evidence presented by Mother insufficient to support the trial court’s decision confirming primary physical custody in Mother?

5. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5328(a)(3) slightly favors [M]other due to the current custody arrangements?

6. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5328(a)(4) favors [M]other due to the current custody arrangements?

7. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5328(a)(10) slightly favors [M]other due to the current custody arrangements?

8. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5328(a)(12) slightly favors [M]other due to the current custody arrangements?

9. Did the trial court commit an error of law and/or abuse of discretion in giving Mother undue consideration and/or credit for the previous four factors as Mother manipulated and/or took unfair advantage of the judicial process in improperly obtaining primary physical custody of the minor children and then being able to retain primary physical custody of the minor children for approximately two (2) years as the parties awaited the conclusion of the custody trial?

10. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5328(a)(14) slightly favors [M]other because Father waited ninety-seven (97) days before

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undergoing a court ordered drug and alcohol test without any other credible evidence that Father abuses alcohol or drugs, or that Father has any kind of history of alcohol or drug abuse?

11. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody after making a determination that Mother was not credible and that Father was credible?

12. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody after making a determination that Mother had improperly coached the minor children?

13. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody after making a determination that Mother has a history of thwarting Father’s relationship with the Children?

14. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody after making a determination that Mother alienated the minor children against Father and their community?

15. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody after making a determination that Mother refuses to cooperate and co- parent with Father even when it is more convenient and in the best interest of the children to do so, while also making a determination that Father is more likely to encourage and permit contact between the children and Mother?

16. Did the trial court commit an error of law and/or abuse of discretion by failing to adequately weigh the relocation factors set forth in 23 Pa.C.S. § 5337(h)(1) through (h)(10)?

17. Did the trial court commit an error of law and/or abuse of discretion in its application of 23 Pa.C.S. § 5337(h)(1) through (h)(10)?

18. With regard to relocation factors was the trial court’s decision against the weight of evidence in contradiction to the bulk of credible evidence?

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19. With regard to the relocation factors was the evidence presented by Mother insufficient to support the trial court’s decision granting relocation for Mother?

20. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5337(h)(2) and (h)(6) and (h)(7) favors Mother for the following reasons: (a) that one of the children has a learning disability; (b) the condition of the marital home versus the condition of the property located in New Jersey; (c) the fact that Mother is earning nine thousand dollars ($9,000.00) more in New Jersey and has the ability to become an administrator; (d) Mother has extended family in New Jersey; and (e) the quality of education offered in Bergen County?

21. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation where Mother could not produce any credible evidence that one of the children has a learning disability or that New Jersey offers a better quality of education than Pennsylvania?

22. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation where the trial court determined that Mother actually caused the condition of the marital home and then lied about the circumstances in obtaining her new residence in New Jersey?

23. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation where Mother could not produce any credible evidence that her new employment provides a significant increase in salary, medical benefits, and/or job security?

24. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation based on Mother’s extended family living in New Jersey despite the fact that Mother has lived a majority of her life in Pennsylvania?

25. Did the trial court commit an error of law and/or abuse of discretion in finding that 23 Pa.C.S. § 5337(h)(3) favors Mother where the only rationale is that Mother has a unique opportunity to purchase the proposed relocation residence even though the trial court found that Mother misrepresented and/or lied concerning the circumstances involving the opportunity to make this purchase?

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26. Did the trial court commit an error of law and/or abuse of discretion by failing to adequately weigh the relocation factors set forth in 23 Pa.C.S. § 5337(h)(4) where the trial court specifically found coaching and alienation?

27. Did the trial court commit an error of law and/or abuse of discretion by failing to adequately weigh the relocation factors set forth in 23 Pa.C.S. § 5337(h)(6)?

28. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation after making a determination that Mother was not credible and that Father was credible?

29. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation after making a determination that Mother improperly coached the minor children?

30. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation after making a determination that Mother has a history of thwarting Father’s relationship with the children?

31. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation after making a determination that Mother alienated the minor children against Father and their community?

32. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation after making a determination that Mother refuses to cooperate and co-parent with Father even when it is more convenient and in the best interest of the children to do so, while also making a determination that Father is more likely to encourage and permit contact between the children and Mother?

33. Given Mother’s history and evidence in this case, did the trial court abuse its discretion and/or make an error of law in properly considering Mother’s history of failing to act in good faith and attempting to limit Father’s custodial time with the children?

34. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody against

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the weight of evidence, the trial court’s credibility determinations, and the trial court’s determination of the custody factors?

35. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother relocation against the weight of the evidence, the trial court’s credibility determinations, and the trial court’s determination of the relocation factors?

36. Did the trial court commit an error of law and/or abuse of discretion in awarding Mother primary physical custody and relocation in direct contradiction to the best interest of the minor children?

Father’s Brief at 7–18.

We review Father’s issues according to the following scope and standard

of review:

[T]he appellate court is not bound by the deductions or inferences made by the trial court from its findings of fact, nor must the reviewing court accept a finding that has no competent evidence to support it. . . . However, this broad scope of review does not vest in the reviewing court the duty or the privilege of making its own independent determination. . . . Thus, an appellate court is empowered to determine whether the trial court’s incontrovertible factual findings support its factual conclusions, but it may not interfere with those conclusions unless they are unreasonable in view of the trial court’s factual findings; and thus, represent a gross abuse of discretion.

R.M.G., Jr. v. F.M.G., 986 A.2d 1234, 1237 (Pa. Super. 2009) (quoting Bovard v. Baker, 775 A.2d 835, 838 (Pa. Super. 2001)). Moreover,

The parties cannot dictate the amount of weight the trial court places on evidence. Rather, the paramount concern of the trial court is the best interest of the child. Appellate interference is unwarranted if the trial court’s consideration of the best interest of the child was careful and thorough, and we are unable to find any abuse of discretion.

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R.M.G., Jr., supra at 1237 (internal citations omitted). The test is whether the evidence of record supports the trial court’s conclusions. Ketterer v. Seifert, 902 A.2d 533, 539 (Pa. Super. 2006).

A.V. v. S.T., 87 A.3d 818, 820 (Pa. Super. 2014).

We have explained, “It is not this Court’s function to determine whether

the trial court reached the ‘right’ decision; rather, we must consider whether,

‘based on the evidence presented, [giving] due deference to the trial court’s

weight and credibility determinations,’ the trial court erred or abused its

discretion. . . .” King v. King, 889 A.2d 630, 632 (Pa. Super. 2005) (quoting

Hanson v. Hanson, 878 A.2d 127, 129 (Pa. Super. 2005)). This Court has

recognized that “the knowledge gained by a trial court in observing witnesses

in a custody proceeding cannot adequately be imparted to an appellate court

by a printed record.” Ketterer, 902 A.2d at 540 (quoting Jackson v. Beck,

858 A.2d 1250, 1254 (Pa. Super. 2004)).

With respect to custody cases, the primary concern is the best interests

of the child. “The best-interests standard, decided on a case-by-case basis,

considers all factors that legitimately have an effect upon the child’s physical,

intellectual, moral, and spiritual wellbeing.” Saintz v. Rinker, 902 A.2d 509,

512 (Pa. Super. 2006) (citation omitted).

Child custody actions are governed by the Child Custody Act (“Act”), 23

Pa.C.S.A. §§ 5321-5340. As the party proposing relocation, Mother had the

burden of proving that relocation will serve the children’s best interests as set

forth under Section 5337(h), which provides as follows.

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(h) Relocation factors.--In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child:

(1) The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child’s life.

(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development, taking into consideration any special needs of the child.

(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.

(4) The child’s preference, taking into consideration the age and maturity of the child.

(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.

(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.

(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.

(8) The reasons and motivation of each party for seeking or opposing the relocation.

(9) The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child or an abused party.

(10) Any other factor affecting the best interest of the child.

- 19 - J-S47013-25

23 Pa.C.S.A. § 5337(h).

The trial court in this case was also required to consider the custody

factors set forth in the Act, as follows.

§ 5328. Factors to consider when awarding custody.

(a) Factors. – In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the safety of the child, including the following:

(1) Which party is more likely to ensure the safety of the child.

(2) The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.

(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).

(2.2) Violent or assaultive behavior committed by a party.

(2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.

(3) The parental duties performed by each party on behalf of the child.

(4) The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.

(5) The availability of extended family.

(6) The child’s sibling relationships.

- 20 - J-S47013-25

(7) The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.

(8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.

(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.

(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.

(11) The proximity of the residences of the parties.

(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.

(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.

(14) The history of drug or alcohol abuse of a party or member of a party’s household.

(15) The mental and physical condition of a party or member of a party’s household.

(16) Any other relevant factor.

23 Pa.C.S.A. § 5328(a) (effective Aug. 13, 2024 to Aug. 28, 2025); see also

A.M.S. v. M.R.C., 70 A.3d 830, 836 (Pa. Super. 2013) (stating that, when

- 21 - J-S47013-25

making a decision on relocation that also involves a custody decision, “the trial

court must consider all ten relocation factors and all sixteen custody factors”

outlined in the Act.).

This Court has explained that all of the factors listed in Section 5337(h)

and Section 5328(a) are required to be considered by the trial court when

entering a custody order. A.V., 87 A.3d at 822 (citation omitted); see also

id. at 823 (stating that Section 5323(d) applies to cases involving custody and

relocation and “requires the trial court to set forth its mandatory assessment

of the [. . .] factors prior to the deadline by which a litigant must file a notice

of appeal.”) (citations omitted).

Instantly, in its opinion accompanying the subject order, the trial court

found that Section 5337(h)(2), (3), (4), (6), (7) and (8) favored Mother, 6 and

(5) favored Father. The court found that (h)(1) and (9) favored neither party

and (10) was inapplicable. See Trial Court Opinion, 7/31/25, at 45-50.

With respect to the custody factors, the court found that Section

5328(a)(3), (4), (10), (12), and (14) favored Mother, 7 and (2.3), (8), (11),

and (13) favored Father.8 The court found (a)(15) and (16) inapplicable, and

6 With respect to Section 5337(h)(3), (4), (6), and (8), the court specifically

found that they “slightly” favored Mother.

7 Other than Section 5328(a)(4), the court found that these custody factors

“slightly” favored Mother.

8 The court found Section (a)(2.3) and (11) “slightly” favored Father.

- 22 - J-S47013-25

that the remaining factors favored neither party. Id. at 37-45. We emphasize

the court’s conclusions particularly with respect to Section 5328(a)(4), the

need for stability and continuity in the child’s education, family life and

community life, as follows.

Mother testified that she currently spends most of her time in New Jersey, including when the children are in her custody. Consequently, the children similarly spend most of their time in New Jersey and have established social relations there, such as their participation in summer camp. However, . . . the children were born and raised in Pennsylvania where they have lived for most of their lives. As a result, they still possess considerable educational, family, and community connections in Pennsylvania. Nevertheless, given the time elapsed since the establishment of the current custody arrangement [as set forth in the interim order], a significant modification would likely constitute a disruption to the children’s stability and continuity. . . .

Trial Court Opinion, 7/31/25, at 40 (cleaned up) (emphasis added).

The court further reasoned, as follows.

Even though this is a close call, the court finds that Mother has met her burden. The best interest factors impacting the safety of the children do not make a significant difference in this matter. . . . And because both parents clearly love the children very much, the factors involving providing a loving relationship are not particularly instructive. Instead, the court puts particular emphasis on its findings that the relocation will enhance the children’s educational development and thereby their quality of life. See 23 Pa.C.S.A. § 5337(h)(2) & (7). The relocating school district is high quality and there are many opportunities for the children there. The concededly odd circumstances of the single family home available to Mother in the relocating area is unique and not transferable, and the court credits Mother’s testimony and the inferences that she would not otherwise be able to afford real estate at the price point of the relocating home. It is a nice neighborhood in a nice community, and while it is a distance from Father [and his] extended family, it is close to Mother’s extended family.

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Further factors weigh in favor of granting the relocation. Because Mother is employed in the relocation area in a job that pays more than her previous job, it is fair to say that the relocation will enhance her quality of life from a financial opportunity standpoint and, by extension, the children. See 23 Pa.C.S.A. § 5337(h)(6) & (7). The court also credits her testimony that there are some unique educational or professional opportunities available in the relocation area that will provide her with unique professional and potential financial opportunities. Indeed, she has already acquired a better paying job in the relocating area . . . and is pursuing professional advancement.

The court recognizes that [since] the parties separated, Father [has] wanted shared physical custody of the children. . . . This court acknowledges that the relocation statute states that courts “shall hold an expedited hearing” on any proposed relocation. See 23 Pa.C.S.A. § 5337(g). This court further acknowledges that at some point, this matter was reassigned following section reassignments and that judicial resources are limited, and that both parties hoped for resolution of this matter as soon as possible.

But the reality is that since the parties’ separation, for approximately the last eighteen months, Mother has had primary custody of the children. . . . The children did not express any upset or reservations about their daily life or the current arrangement. Although the court believes the children have been “coached” as well as improperly influenced by Mother . . . it does not mean that the children have completely lost their ability to express any preference at all. . . . The children are close with Mother and insisted they want to move to New Jersey. See 23 Pa.C.S.A. § 5328(a)(7); see id. at § 5337(h)(4). Even despite the coaching, the court believes the children’s preference is to relocate, even if their preferences are exaggerated due to improper coaching by Mother. The children are familiar with the area as Mother’s extended family has lived there . . . [and] Mother would bring them . . . for visits. It therefore makes sense that they would have a positive impression of the relocating area.

The court also emphasizes its findings that it is feasible to preserve the relationship between the non-relocating party and the children through suitable custody arrangements. See 23 Pa.C.S.A. § 5337(h)(3). In so doing, the court does not minimize

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that a relocating party is almost always, to some degree, adversely affected by the granting of a relocation. But the court notes that for approximately the past eighteen months, Father has had partial physical custody. . . . The alternating weekend custodial time can (at a minimum) be preserved as the proximity of the parties’ residences is approximately a two-hour drive. See 23 Pa.C.S.A. § 5328(a)(11); see id. at § 5337(h)(3). Further, arrangements can be made to provide for Father having overall more partial physical custody (on an annual basis) than he currently has by increasing his weekend visitation during the school year and increasing his overall visitation during the summer months to primary physical custody. . . .

Because the children grew up here, the court acknowledges that a relocation necessitates some discontinuity in the children’s education and community life. That said, because of the children’s ties to the relocating community as well as the ability to maintain ties to the current area during time with Father, this factor is not controlling.

Trial Court Opinion, 7/31/25, at 51-54 (cleaned up; some citations omitted).

Turning to the merits of this appeal, the crux of Father’s arguments with

respect to the custody factors is that the court primarily based its decision on

Section 5328(a)(3), the parental duties performed by each party, which it

found in Mother’s favor since she had exercised primary physical custody

under the interim order for the eighteen months leading up to the conclusion

of the trial. See Father’s Brief at 30-37. By doing so, Father argues the court

“disregard[ed] the historical reality that both parents have played equal roles

in raising and caring for the children.” Father’s Brief at 22. In addition, Father

argues the subject order is unreasonable in light of the court determining that

Section 5328(a)(2.3), (8), and (13) weighed in his favor due to finding that

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Mother “coached” the children and had engaged in alienating conduct in an

effort to induce their preference for relocation. See Father’s Brief at 38-41.

With respect to the relocation factors, Father argues that the court

abused its discretion in weighing Section 5337(h)(2), (3), (4), (6), and (7) in

Mother’s favor. See Father’s Brief at 46-64. Father’s arguments amount to

challenging the court’s determinations regarding credibility and weight of the

evidence. See A.V., 87 A.3d at 820 (“[O]n issues of credibility and weight of

the evidence, we defer to the findings of the trial [court] who has had the

opportunity to observe the proceedings and demeanor of the witnesses.”).

Concerning (h)(3), the feasibility of preserving the relationship between the

nonrelocating party and the child through suitable custody arrangements,

Father argues that, like the custody factors, the court’s conclusion was

unreasonable in light of its findings that Mother had engaged in alienating

behavior. See id. at 64-70.

Upon review of the briefs of the parties, the relevant law, the certified

record, and both opinions of the Honorable Rachel Ezzell Berry, we conclude

that Father is not entitled to relief for the reasons expressed in Judge Berry’s

July 31, 2025 opinion that accompanied the subject order, and her September

22, 2025 Rule 1925(a) opinion. Therefore, we affirm on the basis of Judge

Berry’s able opinions and adopt them as our own. In any future filing with

this or any other court addressing this ruling, the filing party shall attach a

copy of Judge Berry’s July 31, 2025 and September 22, 2025 opinions.

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We conclude this decision with again stating that the primary concern in

a custody case is the best interests of the children. As we have expressed

before, a minimal degree of cooperation between parents is essential to proper

parenting in cases where the mother and father no longer live together. This

minimal degree of cooperation does not translate into a requirement that the

parents have an amicable relationship. There is no question that the record in

this case indicates that both Mother and Father love and properly care for their

children. Equally clear is that Mother and Father regrettably do not have an

amicable relationship. “Although such a positive relationship is preferable, a

successful . . . custody arrangement requires only that the parents be able to

isolate their personal conflicts from their roles as parents and that the children

be spared whatever resentments and rancor the parents may harbor.” 9

Order affirmed. Jurisdiction relinquished.

Judgment Entered.

Benjamin D. Kohler, Esq. Prothonotary

Date: 3/6/2026

9 This quote is from B.C.S. v. J.A.S., 944 A.2d 600, 603 (Pa. Super. 2010),

where former Justice James Fitzgerald commented upon the cooperation needed by parents in a custody case. Although the B.C.S. v. J.A.S. case concerned a shared custody arrangement, we find Justice Fitzgerald’s astute observations to be applicable here.

- 27 - Circulated 02/18/2026 02:12 PM Circulated 02/18/2026 02:12 PM

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA W THE " °F C0MM °N CIVILA^^ ACTION LAW SYLVANIA

ANGELAM. ANGELA M. DILWORTH, M.DILWORTH, Plaintiff Plaintiff NO. CV-2023-006819 v,v. v, NO. CV-2023-006819 IN CUSTODY JOHNH.H.DILWORTH, DILWORTH, WORTH, IN CUSTODY JOHN Defendant Defendant

Lucas Clark, Esquire, Attorney for Mother-Plaintiff Angela M. Dilworth Lucas CJark, Esquire, Attorney for Mother-Plaintiff Angela M. Dilworth Peter Manaras, Esquire, Attorney for Father-Defendant John H. H. Dilworth Peter Manaras, Esquire, Attorney for Father-Defendant John H. Dilworth FINDINGS OF FACT IN SUPPORT OF CUSTODY ORDER DATED 7/30/2025 FINDINGS OF FACT IN SUPP ORT OF CUSTODY ORDER DATED 7/30/202S Berry, J. J. Berry, Filed: Filed:

AND NOW, this July 30, 2025, following a two-day relocation and custody trial held AND NOW, this July 30, 2025, following a two-day relocation and custody trial held on July 16, 2024 and July 21, 2025, the Court hereby makes the following findings of fact on July 16, 2024 and July 21, 2025, the Court hereby makes the following findings offset and conclusions of law in accordance with 23 Pa. C.S. $$ 5328: and conclusions of law in accordance with 23 Pa. C.S. § 5328' 1. C.D. (DOB 3/@2014), J.D. This action involves the parties' three children, C.D. J.D. 1. 4), J.D. This action involves the parties’ three children, C.D. (DOB 3/j^20 1 (Do» 9g/2019) and ED. (poB (DoB 162019) «collectively, «collectively. me "Chila@rer") "chilarer"). (DOB 9/^2015) and E.D. (DOB 1/^^2019) (collectively, the “Children”). 2. On or around December 14, 2023, Plaintiff Angela Dilworth ("Mother") filed a 2. On or around December 14, 2023, Plaintiff Angela Dilworth (“Mother”) filed a Complaint for Custody (docket no. 9), which Defendant John H. Dilworth ("Father") answered Complaint for Custody (docket no. 9), which Defendant John H. Dilworth (“Father”) answered on or around December 18, 2023 (docket nos. 12 & 13). on or around December 18, 2023 (docket nos. 12 & 13). 3. When the parties resided together, and at the time of Mother's filing the 3. When the parties resided together, and at the time of Mother’s filing the Complaint for Custody, they resided in Delaware County, Pennsylvania. Complaint for Custody, they resided in Delaware County, Pennsylvania. 4. 4. This matter has a highly litigious history and involves multiple petitions for 4. This matter has a highly litigious history and involves multiple petitions for special special relief, relief, contempt, contempt, and and the like. the like.

I 5. 5. 5. On or or around On or On around March March 8, around March 8, 2024, Mother Mother filed 2024, Mother 8, 2024, filed filed aaa Notice Notice of Notice of Proposed of Proposed Relocation Relocation Proposed Relocation

(docket (docket no. (docket no. 41), no. 41), which 41), which Father which Father opposes. Father opposes. opposes.

6. 6. 6. This matter matter was This matter This was originally assigned originally assigned was originally to the the Honorable to the assigned to Honorable William Honorable William C. William C. Mackrides C. Mackrides and, and, Mackrides and,

following following section was reassignments, was section reassignments, following section reassignments, later was later assigned later assigned to assigned to the to the Honorable the Honorable Rachel Honorable Rachel Ezzell Rachel Ezzell Berry. Ezzell Berry. Berry.

7. 7. 7. Judge Judge Mackrides ordered aaa custody Mackrides ordered Judge Mackrides ordered custody evaluation as well evaluation as custody evaluation as well as well as psychological as psychological evaluation evaluation psychological evaluation

of of the ofthe parties. the parties. parties.

8.8. 8. Although Although this trial this trial Although this was was held trial was held before held before two before two different two different judges differentjudges following judges following section section following section

reassignments, Judge reassignments, Judge reassignments, Berry Judge Berry gave the parties theparties gave the Berrygave the parties the opportunitytoto opportunity the opportunity object to object to objectto her to her and handlingand herhandling and

resolving resolving the case, resolvingthe case, and and neither neitherparty party objected. party objected.

9.9. 9. The The Court interviewed Courtinterviewed The Court the interviewedthe Children Childreninin theChildren the inthe robing therobing room roomon robingroom on the onthe record. record. therecord.

10. 10. 10. Although Althoughthe Although the Court usually usuallyinterviews Courtusually theCourt interviews the interviewsthe Children Childrenatat theChildren the atthe end theend of endof proceedings ofproceedings

because becauseitit because was itwas that representedthat wasrepresented the thatthe Children theChildren were highly werehighly Childrenwere stressed, stressed,the highlystressed, the Court theCourt interviewed Courtinterviewed the the interviewedthe

Children Children first. Childrenfirst. first.

11. 11. 11. The Children appeared tenseand appearedtense Childrenappeared TheChildren The tense and nervous nervousatat andnervous first, atfirst, and first,and the andthe Court theCourt spend Courtspend spend

approximately an approximatelyan hour anhour speaking hourspeaking with speakingwith the withthe Children. theChildren. Children.

12. 12. thethree Twoofofthe Two childrencried threechildren differentintervals criedatatdifferent intervalswhile speaking speakingininthe whilespeaking back. theback.

13. 13. 13. The The Children were werecompetent Childrenwere TheChildren competentoto competent testify totestify and andunderstood testifyand understood the understoodthe difference thedifference between between differencebetween

telling the tellingthe truth thetruth and truthand tellinga aalie. telling andtelling lie. lie.

14. 14. 14. The The Children that thathey indicatedthat Childrenindicated TheChildren indicated they liked likedtoto theyliked togogototo the tothe pool thepool and watch andwatch pooland movies. movies. watchmovies.

15. 15. 15. Two Two Children testifiedthat testified Childrentestified TwoChildren that thathey were theywere now werenow disinterested disinterestedinin nowdisinterested sports insports like baseball, likebaseball, sportslike but but baseball,but

one one Child Childinin oneChild particular inparticular commanded commandeda aanoteworthy particularcommanded noteworthy knowledgeofof knowledge noteworthyknowledge baseball ofbaseball history,recalling baseballhistory, recalling years years recallingyears

(includingones (including onesbefore beforehehewas wasborn) born) whenthe born)when thePhiladelphia Philadelphia Phillieswon PhiladelphiaPhillies wonororlost lostthe theWorld WorldSeries. Series.

22 16. 16. 16. The Children The Children The appeared Children appeared to to have appeared to have been have been coached been coached by coached by their Mother, their by their Mother, which Mother, which limited which limited the limited the the

probative probative value probative value of value of their of their testimony. their testimony. testimony.

17. 17. 17. One Child One Child One testified Child testified that testified that Father that Father had Father had hurt had hurt Mother hurt Mother and Mother and left bruises and left left bruises on bruises on on Mother’s Mother's back Mother's back back

and told and told and the told the Court the Court Mother Court Mother had Mother had to had to stand to stand rather stand rather than rather than sit than sit sit during work during aaa work during meeting because work meeting meeting the ofthe because of because of the

bruises-information bruises-information bruises that seemingly that seemingly information that the Child the Child seemingly the would Child would only would only from get from only get get Mother. from Mother. Mother.

18. 18. 18. Two ofthe Two of Two of the Children the Children describedresearch Children described described research they researchthey had had done they had done the relative on the done on on the numberof relative number relative number of of

crimes crimes committed inin committed crimes committed Delaware inDelaware County, Delaware County, Pennsylvania County,Pennsylvania as Pennsylvania as well asas well as well Bergen asBergen County,New Bergen County, County, NewJersey, New and Jersey, and Jersey, and

describedtoto described described the tothe Court theCourt how Courthow crime howcrime dataisis data crimedata represented isrepresented onaaamap. on representedon map. map.

19. 19. 19. One OneChild One Child testified Childtestified that testifiedthat Father thatFather disparaged Fatherdisparaged the disparagedthe inNew schoolsinin theschools schools NewJersey New Jerseyasas Jersey well as wellasas aswell

Mother's Mother’s family. Mother'sfamily. family.

20. 20. 20. One OneChild One Child testified Childtestified that testifiedthat the thatthe teachers theteachers inPennsylvania teachersinin Pennsylvaniaare Pennsylvania arenot are not asgood notasas goodasas good in onesinin theones asthe the ones

New New Jersey. NewJersey, Jersey.

2121. 21. . One One Child OneChild testified Childtestified that testifiedthat Father thatFather statedMother Fatherstated stated committedadultery Mothercommitted Mother committed orcheated adulteryoror adultery cheated and cheatedand and

blew blew up blewup the upthe family. thefamily. family.

22. 22. 22. One Child OneChild One Childvolunteered volunteered nicotineproducts. usesnicotine Fatheruses thatFather volunteeredthat that Father uses nicotine products. products.

23. 23. 23. Te The Children TheChildren statedthat Childrenstated stated that Fatherdrinks thatFather Father drinks beer,specifically drinksbeer, beer, IP As specificallyIPAs specifically IP As(India (IndiaPale (India Pale Ales,a aa PaleAles, Ales,

typeofof type type craft ofcraft beer). craftbeer). beer).

24. 24. 24. Kevin Masturzo(the KevinMasturzo Kevin Masturzo testified. "Evaluator")testified. "Evaluator") (the“Evaluator”) testified.

25. 25. 25. Exhibit Exhibit C-1is is ExhibitC-l C-1 thecompleted isthe the custodyevaluation completedcustody completed custody evaluation Father. andFather. Motherand ofMother evaluationofof Mother and Father.

26. 26. TheEvaluator The Evaluatorconducted conductedtwo twovideo videoconference conferenceinterviews interviewswith withand andtwo twovirtual virtual

home home observations homeobservations of observationsofof Mother.See Mother. Mother. C-1atat2.2. Ex.C-l SeeEx. Ex. C-1 2.

27. 27. 27. Evaluatoreported TheEvaluator The The Evaluator reported thatMother reportedthat that Motherhad Mother had beendating hadbeen been dating someoneforfor datingsomeone someone fora aacouple coupleofof couple of

months. months.See SeeEx. Ex.C-l C-1at at5. 5.

3 3 28. The Evaluator reported Mother explained that Mother and Father were married 28. The Evaluator reported Mother explained that Mother and Father were married

from July from 7, 2012, July 7 until August 2012, until 10, 2023. August 10, See Ex. 2023. See C-1 at Ex. C-l at 5.5.

29. The Evaluator reported that Mother stated that Father displayed aggressive 29. The Evaluator reported that Mother stated that Father displayed aggressive

behavior throughout their relationship, including throwing and breaking a beer bottle and behavior throughout their relationship, including throwing and breaking a beer bottle and

punching himselfininthe punchinghimself headatattimes. the head Ex. C-l See Ex. times. See C-1 atat 5.5.

30. The Evaluator reported that Mother recounted that she was concerned and scared 30. The Evaluator reported that Mother recounted that she was concerned and scared

that herrelationship 'locked-in'totoher beTocked-in’ wouldbe shewould thatshe Fatheronce withFather relationshipwith andififthey onceand child hadaachild theyhad

C-1 atat6.6. Ex.C-l SeeEx. together. See together.

31. The Evaluator reported that Mother said that following the birth of her first child, 31. The Evaluator reported that Mother said that following the birth of her first child, she experienced postpartum depression and Father subsequently alienated her by denying her she experienced postpartum depression and Father subsequently alienated her by denying her

visitstotoher visits familyororfriends herfamily friendsininNew NewJersey. SeeEx. Jersey. See C-1atat6.6. Ex.C-l

32. The Evaluator reported that Mother stated her marriage began to deteriorate 32. The Evaluator reported that Mother stated her marriage began to deteriorate

followingthe following child.See secondchild. hersecond birthofofher thebirth SeeEx. C-1atat6.6. Ex.C-l

33. The Evaluator reported that Mother recounted that Father would frequently drive 33. The Evaluator eported that Mother ecounted that Father would frequently drive

under wasemotionally andwas influenceand theinfluence underthe abusivethroughout emotionallyabusive therelationship. throughoutthe SeeEx. relationship.See Ex.C-l C-1atat6. 6.

34. The Evaluator reported that Mother recalled Father became physically abusive 34. The Evaluator reported that Mother recalled Father became physically abusive

towardsher towards 2020.See herin in2020. SeeEx. C-1at at6. 6. Ex.C-l

35. 35 . The Evaluator reported that Mother stated Father would call Mother names such The Evaluator reported that Mother stated Father would call Mother names such

"Italian anan“Italian as as c--t," c-t,” prevent prevent herher from from leaving leaving leaving thethe home, home, throw throw thingsat at things her, her, andand punched punched a hole a hole

into into into aa wall wall a wall adjacent to to adjacent herher to her head. See head.See head. Ex.Ex. See C-1 C-1at at Ex.C-l 6. 6. 6.

36. 36. The Evaluator The Evaluator reported that that Mother Mother recounted how she recounted how she experienced aa miscarriage miscarriage 36. The Evaluator reported that Mother recounted how she experienced a miscarriage

prior to to prior thethe unplanned ofof birth birth unplanned their their third third child.SeeSee child. C-lC-1 Ex.Ex. 6. 6. at at

4 4 37. 37. The Evaluator The Evaluator reported that Mother reported that Mother recounted recounted her her and and Father’s Father's participation participation inin

couples' therapy couples’ therapy for for several several sessions sessions and and that that their their counselor counselor was was aware aware that that Father Father voiced voiced

suicidal ideations. suicidal See Ex. ideations. See Ex. C-l C-1 atat 6.6.

38. 38. The Evaluator The Evaluator reported reported that that Mother Mother recalled recalled attending four couples attending four couples counseling counseling

sessions after sessions aftershe she filed filed for for divorce divorce and andthat thatthe the sessions sessions were were largely largely unproductive. See Ex. unproductive. See Ex.C-1 C-l

atat6.6.

39. 39. TheEvaluator The Evaluatorreported reportedthat thatMother Motherstated statedthe thefinal finalstraw strawwas waswhen whenFather Father

allegedly allegedlythrew allegedly threwone oneof ofthe theChildren Childreninto intoaawall, wall,resulting resultingininaahole holeininthe thewall. SeeEx. wall. See C-1atat6.6. Ex.C-l 6.

40. 40. TheEvaluator The Evaluatorreported thathe reportedthat heconducted conductedtwo twovideo videoconference conferenceinterviews interviewswith with

andtwo and twovirtual virtualhome homeobservations observationsofofFather. SeeEx. Father. See Ex.C-l C-1atat2.2.

4141. . TheEvaluator The Evaluatorreported reported thatFather reportedthat Fatherstated statedthat thatheheand andMother Mothermarried marriedinin2012 2012and and

thattheir that theirfirst firstchild childwas was“not "notexactly exactly planned," exactlyplanned,” butthey planned,"but theywere they werenevertheless neverthelessboth bothhappy. both See happy. See Ex. SeeEx.

C-1atat7.7. C-l

42. 42. TheEvaluator The Evaluatorreported reported thatFather reportedthat Fatherfelt feltthat thattheir theirmarriage was‘all marriagewas 'allgood’ from good'from

2015toto2018. 2015 SeeEx. 2018.See Ex.C-l C-1atat7.7.

43. 43. TheEvaluator The Evaluatorreported reported thatFather reportedthat Fatherstated statedthat thatthe thecouple couple wasinina a“little couplewas "littlebitbitofofa a

funk" funk” funk"byby the bythe end endofof theend 2022. of2022. See Ex. SeeEx. 2022.See C-1 C-1atat Ex.C-l at7.7. 7.

44. 44. TheEvaluator The Evaluatoreported reported Fatherecounted thatFather reportedthat recountedthat thattheir theirfirst firstattempt attemptatatmarital attempt marital

counselingwas counseling was not wasnot successful notsuccessful since successfulsince Mother sinceMother was Motherwas not wasnot not vested vestedinin vested initsits outcome outcomeoror itsoutcome or participatingin in participating participating thethe in the

counseling. SeeEx.Ex.C-l counseling.See C-1at at7. 7.

45.45. 45. The The The Evaluator Evaluator Evaluator reported reported reported that that that Father Father Father stated stated stated that that hehe that he would would become wouldbecome become frustrated frustrated frustrated and and and

angryat at angry thethe maritalcounseling marital counseling sessions sessions and and that that their their marriage marriage marriage continued continued to to deteriorate.SeeSee deteriorate. Ex.Ex.

C-1 7. 7. C-1at at C-l at

5 5 46. 46. The Evaluator The Evaluator reported reported that that Father Father recounted recounted Mother Mother informed informed Father Father she she was was

filing for filing for divorce divorce in in August See Ex. 2023. See August 2023. Ex. C-l C-1 at at 7.7.

47. 47. The Evaluator The Evaluator reported reported that that Father Father recalled recalled asking Mother in asking Mother in December December 2023 2023

whether their whether their marriage marriage was was dead dead that that she she did did not not deny that she deny that she was was inin another another relationship. See relationship. See

Ex. C-l Ex. C-1 atat 7.7.

48. 48. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherrecalled recalledthat thatMother Mothertold toldFather Fatheron onor orabout about

December27, December 27,2023, 2023,that thatshe shewas wasinforming informingthe theChildren Childrenof ofthe thedivorce divorceand andthreatened threatenedtotocall callthe the

liceififhe police police hegot gotupset. SeeEx. upset. See Ex.C-l C-1 atat7.7.

49. 49. TheEvaluator The Evaluatorreported thatFather reportedthat Fathersaid saidthat thatthe thepolice servedhim policeserved himon onororabout about

January2,2,2024, January 2024,with witha aProtection Protectionfrom fromAbuse (PFA) Abuse(“PFA”) Orderand ("PFA)Order andthat agreedtotogive thatheheagreed giveMother Mother

exclusivepossession exclusive possessionofofthe themarital maritalhome. SeeEx. home. See Ex.C-l C-1atat8.8.

50. 50. TheEvaluator The Evaluatorreported reportedthat thathe themarital maritalhome homeisisininfair fairtotopoor conditionand poorcondition andthat that

the homedoes thehome doesnot notappear appeartotofollow followCity/State City/Stateregulations. SeeEx. regulations. See Ex.C-l C-1atat9.9.

51. 51. TheEvaluator The Evaluatorreported thatMother’s reportedthat Mother'sprospective four-bedroom,three-bathroom prospectivefour-bedroom, three-bathroom

singlefamily single familyhome homeininWaldwick, Waldwick,New NewJersey, Jersey,isisininexcellent excellentcondition. SeeEx. condition.See Ex.C-l C-1atat10.10.

52. 52. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherresides resideswith withhishisparents parentsinina athree-bedroom, three-bedroom,

one-bathroomsingle one-bathroom homeininDrexel familyhome singlefamily DrexelHill, Hill,Pennsylvania, andthat Pennsylvania,and thathe thehome homeis isininvery very

goodcondition. good SeeEx. condition.See C-1atat10.l10. Ex.C-l 0.

53.53. TheEvaluator The Evaluatorreported Motherand reportedMother andthetheChildren Childrendemonstrated demonstratedtypical interactions typicalinteractions

ofof a well-functioningfamily a well-functioning familyduring bothvirtual duringboth virtualhome homeobservations observationsofof SeeEx.Ex.C-l Mother.See Mother. C-1at at

12.12.

54.54. The The Evaluator Evaluator individually spokeindividually spoke and and privately privately withallall with threeChildren three Children at at thethe

conclusion conclusion one one ofof thethe virtual virtual home home observations observations at at Mother's Mother’s SeeEx.Ex.C-lC-1at at13.13. residence.See residence.

6 6 55. 55. 55. The Evaluator The Evaluator The Evaluator reported reported that reported that child that child C.D. child C.D. stated that C.D. stated stated that he that he is he is excited is excited the about the excited about about the

possibility of possibility of possibility moving ofmoving New to New moving to to Jersey New Jersey but Jersey but but fears fears Father that Father fears that that will Father will not will not like not like him like him if him if he if he does. he does. See Ex. does. See See Ex. C- Ex. C- C-

at 1ll at 13. at 13. 13.

56. 56. 56. The Evaluator The Evaluator The reported Evaluator reported that that C.D. reported that C.D. specifically C.D. specifically recounted the recounted the specifically recounted incident the incident incident when when Father when Father Father

allegedly allegedly carried allegedly carried one carried one of one of the ofthe Children the Children up Children up the the stairs up the stairs and stairs and threw and threw him threw him bed and onto aaa bed onto him onto bed and his and his knee went knee went his knee went

through the through through the wall. See thewall. wall. See See Ex. C-1 atat Ex. C-l Ex. C-1 at 113. 3. 13.

57. 57. 57. TheEvaluator The The Evaluator reported Evaluatorreported that C.D. that C.D. reportedthat volunteered C.D. volunteered that volunteeredthat Fathertold thatFather Father told him told him and him and the and the other the other other

Children Children that Childrenthat Mother thatMother cheated Mothercheated on cheatedon him, onhim, that him,that their thattheir grandfather theirgrandfather told grandfathertold to look themtoto toldthem them atthe lookatat look the seventh the seventh seventh

commandment commandment for commandmentfor adultery, foradultery, and adultery,and that andthat Father thatFather wasinin Fatherwas was disbelief indisbelief theChildren thatthe disbeliefthat that the Children would their turntheir wouldturn Childrenwould turn their

backs backs on backson him. onhim. See him. See Ex. SeeEx. C-1 Ex.C-l 13. at13. C-1 atat 13.

58. 58. 58. The Evaluator TheEvaluator The reported Evaluatorreported that thatchild reportedthat child J.D.recalled childJ.D. J.D. recalledinstances recalled instances when Father him hurthim Fatherhurt whenFather instanceswhen hurt him

multiple multiple timesinin times multipletimes the inthe See past. See thepast. Ex. SeeEx. C-1atat C-1 Ex.C-l 14. at14. 14.

59. 59. 59. The TheEvaluator The Evaluator reported Evaluatorreported that reportedthat J.D. statedthat J.D.stated thatJ.D. stated that wantstoto hewants thathehe wants move NewJersey toNew movetoto tomove New and Jerseyand Jersey and

heisis thathehe that that not isnot worried notworried that worriedthat Father thatFather will Fatherwill seethe willsee see the Children less. SeeEx. less. See Childrenless. theChildren See Ex. 14. at14. C-1atat Ex.C-l C-1 14.

60. 60. TheEvaluator The Evaluatorreported reported thatchild reportedthat childE.D. E.D.stated statedthat thatshe enjoysspending sheenjoys enjoys timewith spendingtime with

Mother Motherand Mother and Father, andFather, but Father,but that butthat Fathersometimes thatFather Father sometimes ather yellsatat sometimesyells yells her and herbrothers. andher herand her brothers. SeeEx. brothers. See See C-1atat Ex.C-l Ex. C-1 14. at14.14.

6161. 61. . The TheEvaluator The Evaluator reportedthat Evaluatorreported reported thatE.D. that E.D. deniedthat E.D.denied denied that orFather Motheroror thatMother Mother Father mean or heroror toher meantoto ismean Fatherisis her

hurts hurts her. hurtsher. SeeEx. her.See See Ex. C-1 Ex.C-l 14. at14. C-1atat 14.

62. 62. 62. The Evaluatoreported TheEvaluator The Evaluator reported thatFather reportedthat that Fatherand Father Childrendemonstrated andChildren and Children demonstrated natural and naturaland demonstratednatural and

positive positive interactions interactionsduring positiveinteractions during bothvirtual duringboth both virtualhome virtual home observations. SeeEx. observations.See homeobservations. See 15. at15.15. C-1atat Ex.C-l Ex. C-1

63. 63. TheEvaluator The spokeindividually Evaluatorspoke spoke andprivately individuallyand withallallthree privatelywith threeChildren Childrenatatthe the

conclusionofofone conclusion oneofof thevirtual the virtualhome homeobservations observationsatatFather’s Father'sresidence. SeeEx. residence.See See Ex.C-l C-1atat15.15.

7 77 64. The Evaluator reported that C.D. spoke of Father yelling and that Father will 64. The Evaluator reported that C.D. spoke of Father yelling and that Father will

sometimes ofthe one of grab one sometimes grab the other other Children Children ififthey See Ex. misbehave. See they misbehave. C-1 at Ex. C-l 16. at 16.

65. The Evaluator reported that C.D. stated that he thinks moving to New Jersey is a 65. The Evaluator reported that C.D. stated that he thinks moving to New Jersey is a

good be good. will be change will the change thatthe and that idea and good idea good. See good. See Ex. C-1 atat 16. Ex. C-l 16.

66. The Evaluator reported that J.D. stated that Father has hurt him many times, such 66. The Evaluator reported that J.D. stated that Father has hurt him many times, such asputting as chokehold him ininaachoke puttinghim "outof hold“out ofanger” hemisbehaved. whenhe anger"when SeeEx. misbehaved. See C-1 atat 16. Ex. C-l 16.

67. 67. The Evaluator The Evaluator reported that J.D. reported that J.D. stated stated he he would like to to move move to to New New Jersey and and 67. The Evaluator reported that J.D. stated he would like to move to New Jersey and

that that helikes he thathe 1likes the ikesthe currentcustody current thecurrent custodyarrangement. Ex.C-l SeeEx. arrangement. See Ex. C-1atat C-1 at17. 17. 17.

68. 68. The Evaluator The that E.D. reported that Evaluator reported E.D. recalled recalled she she likes likes to have camp to have outs when they outs when campouts 68. The Evaluator reported that E.D. recalled she likes to have camp when they

sleep downstairs. See sleepdownstairs. sleep downstairs. Ex.C-l SeeEx. Ex. C-1atat C-1 at17. 17. 17.

69. 69. 69. TheEvaluator The The Evaluator reportedthat Evaluatorreported reported thatE.D. that E.D.stated E.D. statedthat stated thatFather that Father willbebe will Fatherwill bemean meanand mean andyell and yellwhen yell when when

shegets she intotrouble. getsinto gets SeeEx. trouble. See C-1atat17. Ex.C-l 17.

70. 70. The Evaluator The Evaluator reported that E.D. that reportedthat E.D. said said that that she she wants to move wants to move to to New New Jersey and and 70. The Evaluator reported E.D. said that she wants to move to New Jersey and

likes NewJersey. houseininNew Mother'shouse likesMother’s SeeEx. Jersey.See C-1atat17.17. Ex.C-l

71. The Evaluator reported that Mother explained explained her reasoning to relocate to New 71 . The Evaluator reported that Mother explained her reasoning to relocate to New

Jerseyis ismotivated Jersey Jersey herdesire motivatedbybyher providea better desiretotoprovide provide lifeforforher life a betterlife childrenininterms herchildren financial, termsofoffinancial,

educational,and educational, educational, andemotional and emotional attainment.See attainment. emotionalattainment. Ex.C-l SeeEx. Ex. C-1 17. C-1at at17.17.

72. The Evaluator reported that Mother has numerous concerns related to Father's 72. The Evaluator reported that Mother has numerous concerns related to Father’s

historyofof history and emotionaland emotional physical physical lack abuse,lack abuse, ofof primarycaregiving, primary giving, care giving, and and history history ofof excessive excessive

drinking drinking driving andriving and thethe under under See influence.See influence. Ex.Ex. C-lC-1at at18.18.

73. The Evaluator reported that Mother petitioned for three PFA orders related to 73. The Evaluator reported that Mother petitioned for three PFA orders related to

Father's Father's Father’s alleged alleged abuse abuse abuse which which which were were were withdrawn withdrawn withdrawn and/or and/or and/or dismissed.SeeSee dismissed. dismissed. Ex. C-lC-1 Ex.Ex. C-1 at 18.18. at at 18.

8 8 74. 74. The Evaluator The Evaluator reported reported that that Mother Mother recounted recounted the the numerous numerous reports to Children reports to Children

and Youth Services and Youth Services (“CYS”) ("CYS") related related to to alleged abuse by alleged abuse Father which by Father which were were all all unfounded. See unfounded. See

Ex. C-l Ex. C-1 at at 18. 18.

75. 75. The Evaluator The Evaluator reported that Mother reported that Mother stated stated she she possessed numerous concerns possessed numerous concerns

relatedto related to the the condition condition of ofthe the marital marital home. See Ex. home. See Ex. C-l C-1 atat 18. 18.

76. 76. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherisisnot notininagreement withMother’s agreementwith Mother'splan plantoto

relocatethe relocate theChildren ChildrentotoNew NewJersey. SeeEx. Jersey. See Ex. C-l C-1 atat 19. 19.

77. 77. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherdenied deniedMother’s Mother'saccusations accusationsof ofphysical and physicaland

emotionalabuse. emotional SeeEx. abuse. See Ex.C-l C-1 atat20. 20.

78. 78. TheEvaluator The Evaluatorreported thatFather reportedthat Fatheracknowledged thatthe acknowledgedthat themultiple reportstotoCYS multiplereports CYS

weredetermined were determinedtotobebeunfounded. SeeEx. unfounded. See Ex.C-l C-1atat20. 20.

79. 79. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherstated statedheheatattimes timesphysically restrainsone physicallyrestrains oneofof

theChildren the Childrenwhen whenthey theybecome becomephysically physicallyaggressive andout aggressiveand outofofcontrol. SeeEx. control. See Ex.C-l C-1atat at 20. 20.

80. 80. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherfeels feelsMother Mothercoached coachedthe theChildren. Ex.C-C- SeeEx. Children.See

1 latat20. 20.

8181. . TheEvaluator The Evaluatoreported thatFather reportedthat Fatherstated statedthat thathehebelieved believedthe thepoor conditionofof poorcondition

themarital the maritalhome waslargely homewas theresult largelythe resultofof Mother'smodifications Mother’s modificationsororher herrefusal refusaltotopermit permitthethe

necessaryimprovements. necessary SeeEx. improvements.See Ex.C-l C-1atat20.20.

82.82. TheEvaluator The Evaluatorreported thatFather reportedthat Fatherbelieves Motherhas believesMother theChildren preventedthe hasprevented Children

fromengaging from engagingin inextracurricular extracurricularactivities activitiesororsocialization socializationin in Pennsylvaniasosoasasto toinfluence Pennsylvania influence thethe

outcomeofof outcome custody custody SeeEx. proceedings.See proceedings. Ex.C-l C-1at at 20.20.

83.83. The The Evaluator Evaluator reported reported that that Father Father believes believes thethe Children's Children’s participationin in participation youth youth

is is sports sports a necessary a necessary way to to way provide provide stability stability and and normally normally forfor thethe Children. Children.

9 9 84. The Evaluator recommended that Mother and Father have shared legal custody of 84. The Evaluator recommended that Mother and Father have shared legal custody of

the primary physical maintains primary Mother maintains while Mother Children while the Children physical custody Father receives and Father custody and receives partial partial

physical custody. physical See Ex. custody. See custody. Ex. C-l 35. C-1 atat 35.

85. 85. permitted to relocate the Children to The Evaluator recommended that Mother be permitted The Evaluator recommended that Mother be permitted to relocate the Children to

New schools. See local schools. the local attendthe them attend havethem and have Jersey and NewJersey Ex. C-l SeeEx. C-I atat35. C-1 35.

86. 86. The Evaluator The Evaluator testified testified that that he he explained the the process to the processtoto the parents parentsprior to priortoto prior 86. The Evaluator testified that he explained the process the parents

conducting theevaluation. conductingthe conducting evaluation. evaluation.

87. 87. The Evaluator The Evaluator testified testified that that he he told told the the parties to be partiestoto be honest honest and and forthcoming, and and 87. The Evaluator testified that he told the parties be honest and forthcoming, and

thathehe that that hewill willalways will back goback alwaysgo tothe backtoto theother the otherparty other toget partytoto party getaaaresponse. get response. response.

88. 88. 88. The The Evaluatorindicated Evaluator TheEvaluator indicatedthat indicated that hedid thathehe didnot did not recallMother recall notrecall Mothertelling Mother himthat tellinghim telling him thatMaternal that Maternal Maternal

Grandfather sufferedfrom Grandfathersuffered fromdrug drugaddiction. addiction.

89. The Evaluator indicated he did not recall Mother sharing sharingthat parentswere that her parents were 89. The Evaluator indicated he did not recall Mother sharing her parents

somepoint separatedatatsome separated time. pointinintime. point

90. 90. 90. The Evaluator The indicated Mother Evaluator indicated Mother conveyed The Evaluator indicated Mother conveyed thatshe that conveyedthat shedoes she doesnot does notuse not usecorporal use corporal corporal

punishment. punishment.

91. The Evaluator indicated that he considered corporal punishment punishment to be acting 91 . The Evaluator indicated that he considered corporal punishment to be acting

physically,in in physically, formofof theform the hittingoror hitting pinchinga child. pinching pinching a child.

92. 92. The Evaluator The Evaluator testified that pushing testified that pushing aa child child against against aa wall wall might be considered be considered 92. The Evaluator testified that pushing a child against a wall might be considered

corporal punishment. corporal punishment.

93. The Evaluator agreed that the PFA Orders at least leading up up until the report were 93 . The Evaluator agreed that the PFA Orders at least leading up until the report were

dismissed. allall dismissed.

94. The Evaluator agreed that any CYS investigations at least leading up until the 94. The Evaluator agreed that any CYS investigations at least leading up until the

report were report found all all were unfounded. found unfounded.

10 10 95. The Evaluator testified that the degree of severity could depend on whether an 95. The Evaluator testified that the degree of severity could depend on whether an

action considered corporal action isis considered corporal punishment. punishment.

96. The Evaluator testified that he found it strange that a friend of hers wanted to 96. The Evaluator testified that he found it strange that a friend of hers wanted to

"help and give others" and help others by selling back by give back home atat below her aa home sellingher marketvalue, below market near $600,000 value, atat aa near $600,000

discount. discount.

97. The Evaluator indicated that he thought the real estate transaction was odd but 97. The Evaluator indicated that he thought the real estate transaction was odd but

thatmaybe that wasaa“good thiswas maybethis "goodguy” mission. withaamission. guy"with

98. The Evaluator testified that he questioned Mother about her statements and did 98. The Evaluator testified that he questioned Mother about her statements and did

not value. facevalue. statementsatatface herstatements takeher nottake

The Evaluator testified that hehedid not recall if there were any 99. 99. The Evaluator testified that arrestsinin did not recall if there were anyarrests

connection withananalleged connectionwith fightthat barfight allegedbar involvedFather. thatinvolved Father.

100. The Evaluator testified that he did not have the time to go into every detailI of the 100. The Evaluator testified that he did not have the time to go into every detail of the

marriage,and marriage, doesa acomprehensive whilehehedoes thatwhile andthat hisfocus interview,his comprehensiveinterview, childcustody focusisisononchild custody

proceedings. proceedings.

1O1. The Evaluator testified that marriages in which one party might stay in an abusive 101. 101 . The Evaluator testified that marriages in which one party might stay in an abusive

relationshipand relationship andthat children,and havechildren, continuetotohave andcontinue thatit itis isnot oddororatypical. notodd atypical.

102. The Evaluator testified that the history of the marriage is presented in the report 102. The Evaluator testified that the history of the marriage is presented in the report

but but thethefocus that that focusofof reportis ischild hishisreport report custody. childcustody.

103. The 103. The Evaluator Evaluator testified testified that that Father Father was was not as suicidal presenting as not presenting suicidal despite Mother's Mother's 103. The Evaluator testified that Father was not presenting as suicidal despite Mother’s

indication indication indication that that he hehe that had had had experienced experienced suicidal suicidal suicidal ideation ideation ideation in in in the thethe past. past.

104. The Evaluator testified that the marital home 104. The Evaluator testified that the marital home was in fair was in fair to poor condition. to poor condition.

105. The 105. The Evaluator testified that he he believed Evaluator testified that believed he knew Mother's boyfriend was a he knew Mother’s boyfriend was a

contractor andand contractor he he that that might be be might might in in involved involved making making repairs. repairs.

11 11 11 106. 106. The Evaluator The Evaluator testified testified that that one one of of Mother’s Mother's concerns concerns about about moving included the moving included the

condition of condition ofthe the marital marital home. home.

107. 107. The Evaluator The Evaluator indicated indicated that that he he was was aware aware that that Mother Mother filed filed three three PFA PFApetitions. petitions.

108. 108. The Evaluator The Evaluator indicated indicated that that he he was was aware aware the the Children Children were were removed removed as as

protectedparties protected parties atatthe parte hearing exparte the ex hearing stage stage of ofthe the PFA process despite PFAprocess despiteMother’s petitionsfor Mother's petitions for

PF Arequesting PFA beincluded. they be requestingthey included.

109. 109. TheEvaluator The Evaluatorindicated indicatedthat thathe hewas wasaware awareall allPFAs PF Aswere wereeventually dismissed. eventuallydismissed.

110. 110. TheEvaluator The Evaluatorindicated indicatedhe hewas wasaware awarethat thatMother Motherhad hadcalled calledthe multiple policemultiple thepolice

times. times.

111. 111. TheEvaluator The Evaluatorindicated indicatedthat thatititseemed seemedMother Motherwas wasnot notwilling willingtotochange changeoror

modify theOrder modifythe Orderororbebeflexible. flexible.

112. The 112. TheEvaluator Evaluatorconsidered consideredthat thatMother Motherhad hadthe theopportunity opportunitytotopossibly becomea a possiblybecome

principalififshe principal shewere weretotorelocate relocatetotoNew NewJersey. Jersey.

113. The 113. TheEvaluator Evaluatortestified testifiedthat Mothermight thatMother nothave mightnot havethe theopportunity opportunitytotobuy buyanan

$800,000house $800,000 houseininPennsylvania forbelow Pennsylvaniafor belowmarket marketvalue. value.

114. The 114. TheEvaluator Evaluatorindicated indicatedthat thatheheunderstood understoodMother Motherwas abletotoget wasable geta abetter betterpaying paying

positionininNew position position NewJersey. Jersey.

115. 115. The 115. The Evaluator TheEvaluator indicated Evaluatorindicated that thathehe indicatedthat did hedid not notdodo didnot research doresearch into researchinto the intothe cost costofof thecost living livinginin ofliving New inNew New

Jersey. Jersey.

116. 116. The 116. The Evaluator TheEvaluator testified Evaluatortestified that testifiedthat hehe that hediddid not didnot not know knowwhat know what thethe what the job market jobmarket job oror market or was processwas process was

in in in Pennsylvania Pennsylvania Pennsylvania with respect withrespect with to to respect Mother toMother becoming Motherbecoming aa principal principalin in becominga principal in Pennsylvania. Pennsylvania. Pennsylvania.

12 12 12 117. 117. Evaluator confirmed The Evaluator The that he confirmed that he spoke Carol Ann to Carol spoke to Cilona, Mother’s Ann Cilona, Mother's

psychotherapist, and indicated he did not believe he investigated whether the psychotherapist had psychotherapist, and indicated he did not believe he investigated whether the psychotherapist had

spoken with spoken spoken Father. with Father.

118. 118. custody determination The Evaluator stated that Cilona did not make a custody The Evaluator stated that Cilona did not make a custody determination and and

indicated thatCilona indicatedthat gaveher Cilonagave gave opinionsbased heropinions opinions solelyon based solely hersessions onher from Mother. sessions from Mother.

119. 119. The Evaluator indicated The indicated Cilona's Cilona's statements provided provided some support for Mother's supportfor Mother's 119. The Evaluator indicated Cilona’s statements provided some support Mother’s

statements as it wasindicia statements as it was thatMother indiciathat wasconsistently Motherwas consistentlytelling anotherthird tellinganother party thirdparty same thesame partythe

commentstold comments theEvaluator. toldtotothe Evaluator.

120. 120. 120. TheEvaluator The The Evaluatorindicated Evaluator indicatedhehe indicated didnot did hedid notrecall not recall ifScott recallifif ScottCohen Scott Cohenprovided Cohen individual providedindividual provided individual

therapy sessionsfor therapysessions therapy sessions forMother. for Mother. Mother.

121. The Evaluator confirmed that Cohen and Veronica Richards had more interactions 121 . The Evaluator confirmed that Cohen and Veronica Richards had more interactions

withMother with with Motherthan Mother thanwith than withFather. with Father. Ex.C-l SeeEx. Father. See Ex. C-1atat C-1 25. 25. at25.

122. The 122. 122. TheEvaluator The Evaluatorstated Evaluator statedthat stated thathehe that hedid didnot did not havea aaprofessional have nothave withCohen relationshipwith professionalrelationship relationship with Cohen Cohen

orRichards. oror Richards. Richards.

123. The 123. 123. TheEvaluator The Evaluatortestified Evaluator testifiedthat testified thatifif that if the Children the Children wanted to play on wanted to on aa sportsteam the Children wanted to play on a sports teaminin team in

Pennsylvaniathat Pennsylvania theyshould thatthey they shouldbebeallowed butrecognized allowedtotododososobut thedistance recognizedthe betweenthethetwo distancebetween two

residences. residences. residences.

1 124. The 124. 24. TheEvaluator The Evaluatorconfirmed Evaluator confirmed confirmed that the that the Children Children relayed instances of corporal instances of corporal that the Children relayed instances of corporal

punishment punishment byby Father Father Father which which which might might might rise rise rise to the thethe to to levelofof level level of being being considered considered considered childabuse. child child abuse. abuse.

125. The 125. The Evaluator Eva! uator Evaluator testified that testified that the first the first PFA A PF was withdrawn in exchange forfor was withdrawn in exchange

exclusive exclusive exclusive possession, possession, and and and that that that the thethe second second second and and and third PFPF third third PF AsAs As were were were granted granted granted initially butbut initially initially but later later later

dismissed. dismissed.

13 13 13 126. 126. The Evaluator The Evaluator testified testified that that he he was was aware aware the the township issued notices township issued notices of of

violations on violations on or or around around 2023. 2023.

127. 127. The Evaluator The Evaluator testified testified that that sometimes sometimes Children Children share share aa bedroom bedroom with with their their

siblings or siblings or other other adults adults and and so so ititmight not be mightnot be surprising surprising ififthe the Children Children share share aa bedroom bedroom atat

Father's house. Father’s house.

128. 128. TheEvaluator The Evaluator indicated indicatedthat thatFather Father and and his his brother brotherhave havean anon on and andoff offbut butoverall overall

goodrelationship good relationshipatatleast leastaccording accordingtotoFather. Father.

129. 129. TheEvaluator The Evaluatorconfirmed confirmedhe hereviewed reviewedthe thepsychological evaluationsfrom psychologicalevaluations fromDr. Dr.

RichardRoeder Richard Roederregarding bothparents, regardingboth andwas parents,and wasaware awareFather’s Father'shair hairfollicle follicletest testwas wastaken takenclose close

totoone-hundred one-hundreddays daysafter afterthe thecourt courtordered orderedit.it.

1130. 30. TheEvaluator The Evaluatortestified testifiedhehedid didnot notbelieve believethat thathehewas wasnot notaware awareofofsignificant significant

issuesinvolving issues Motherviolating involvingMother thecustody violatingthe order. custodyorder.

131. The 131. TheEvaluator testifiedthat Evaluatortestified thatheheisisdiligent abouttreating diligentabout bothparents treatingboth thesame parentsthe sameand and

asking questionsofofeach askingquestions eachparent parentininthe thesame sameorder. order.

132. The 132. TheEvaluator Evaluatorconfirmed confirmed thatheheconsidered confinnedthat consideredboth boththe thegeneral custodybest generalcustody bestinterest interest

factorsasaswell factors wellasasthe therelocation relocationbest bestinterest interestfactors. factors.

133. The 133. TheEvaluator Evaluatorconfirmed confirmedthat thathehethought Fathercould thoughtFather couldbenefit benefitfrom frompursuing pursuing

personal butwas therapybut personaltherapy wasnot notaware awareofof Fatherpursuing Father same. pursuingsame.

134. The 134. TheEvaluator Evaluatortestified testifiedthat thatheheinvestigates intothetheconsistency investigatesinto consistencyofof information information

provided bothofof providedbybyboth thethe parties. parties.

135. The 135. TheEvaluator Evaluatorindicated indicatedthat that oneofof one hishismain main takeawayswas takeaways wasto tocontinue continue thethe

current current child child custody custody schedule schedule ofof sharedlegal shared custody legalcustody as as well well as as thethe current current schedule,and schedule, and to to

extent extent Father'scustodial Father’s custodial time time with with thethe Children Children if there if there was was a three-day a three-day weekend. weekend.

14 14 136. 136. The Evaluator The Evaluator noted the relocation noted the relocation would would not not severely interfere with severely interfere with the the parties’ parties'

abilities to abilities to spend time with spend time with the the Children. Children.

137. 137. The Evaluator The Evaluator stated stated itit would would not not be be aa substantial substantial impact on the impact on the Children Children but but

would provide would them with provide them with an an opportunity opportunity they did not they did not otherwise otherwise have. have.

138. 138. The Evaluator The Evaluator indicated indicatedthat thatMother Motherwaiting three years waitingthree years toto report an incident report an incident

years agoisisnot years ago notnecessarily uncommon and necessarily uncommon andthat thatititwould wouldnot notnecessarily raiseaared necessarilyraise redflag. flag.

139. 139. TheEvaluator The Evaluatorindicated indicatedififthe thecustody were50-50 custodywere 50-50atatthis thistime, time,there thereisisaa

possibility therewould possibilitythere wouldbe beaadifferent differentoutcome, outcome,but butalso alsoaapossibility thatititwould possibilitythat wouldbe bethe thesame. same.

140. 140. OnJuly On 16,2024, July16, 2024,Mother Motherfirst firstappeared forthis appearedfor thismatter matterbefore beforethe theHonorable Honorable

Judge Mackridesand JudgeMackrides andgave hertestimony; gaveher testimony;the thetranscript ofwhich transcriptof whichthis thisCourt Courtreviewed reviewedininfull. full.

141. 141. Mothertestified Mother testifiedthat thatshe shemade madesure suretotohave haveher herpsychological evaluationand psychologicalevaluation and

substanceabuse substance abusetesting testingcompleted completedasasa asoon soonasaspossible. possible.

142. Mother 142. Mothertestified testifiedthat thatthe thepsychological Evaluatoropined psychologicalEvaluator opinedinintheir theirevaluation evaluationofof

Motherthat Mother thatshe sheisisdefensive defensiveand andhas hasanxiety. anxiety.

143. Mother 143. Mothertestified testifiedthat thatthe theongoing legalproceedings ongoinglegal andher proceedingsand hermarriage marriageiningeneral general

contributedtotoher contributed herdefensiveness defensivenessand andanxiety. anxiety.

144. Mother 144. Mothertestified testifiedthat thatfollowing followinghishispsychological evaluation,Father psychologicalevaluation, Fatherattended attendedonly only

a afew fewanger angermanagement sessionsbefore therapysessions managementtherapy beforehehestopped. stopped.

145. Mother 145. Mothertestified testifiedthat thatshe shehas hasbeen beenreceiving receivingtherapy therapyand/or and/ormental mentalhealth health

treatmentforfora few treatment a fewyears. years.

146. Mother 146. Mother testifiedthat testified that shesought she soughta custody a custodyarrangement arrangement that that grantedherher granted primary primary

custody ofof custody thethe Children Children while while Father Father retains retains partial partial physical physical custodyofof custody thethe Children. Children.

15 15 15 147. 147. 147. Mother testified Mother testified Mother that testified that her that her desired her desired custody desired custody would grant arrangement would custody arrangement arrangement would grant Father one Father one grant Father one

week week per week per month per month during month during the during the school the school year school year and year and alternating and alternating weeks alternating weeks during weeks during the during the summer. the summer. summer.

148. 148. 148. Mother testified Mother testified Mother that testified that her that her desired her desired custody desired custody arrangement custody arrangement would would also arrangement would also grant Father also grant grant Father Father

custody for custody for custody spring for spring Easter spring Easter break Easter break and break and that and that she that she and she and Father and Father would Father would alternate would alternate custody alternate custody for alternating for custody for alternating alternating

holidays holidays and holidays and school and school breaks. school breaks. breaks.

149. 149. 149. Mother testified that Mother testified Mother testified that under that under her desired under her her desired custody desired custody arrangement custody arrangement she arrangement she would be okay would be she would be okay okay

with withFather with Father receiving Fatherreceiving additional receiving additional custody additional custody time ifif time custodytime her ifher relocation herrelocation NewJersey toNew relocationto to New is approved. Jersey isis Jersey approved. approved.

150. 150. 150. Mother Mother testified Mothertestified that testifiedthat she thatshe hasno shehas has no support nosupport system supportsystem inPennsylvania system inin Pennsylvania allof becauseall Pennsylvaniabecause because all of her ofher her

family family and familyand close andclose friends closefriends are friendsare located arelocated New inNew locatedinin Jersey. NewJersey. Jersey.

151. 151. 151. Mother testified Mothertestified Mother that testifiedthat the thatthe durationof theduration duration of the ofthe drivebetween thedrive drive theresidence betweenthe between the residenceof residence of Fatherand ofFather Father and and

the the proposed theproposed relocation proposedrelocation residence relocationresidence would residencewould be wouldbe approximately beapproximately hours.. twohours approximatelytwo two hours

152. 152. 152. Mother Mother testified Mothertestified that testifiedthat the thatthe Children theChildren Childrenenjoy enjoy toNew goingtoto enjoygoing going NewJersey New Jerseyand Jersey and isher thatitititisis andthat that her her

belief that beliefthat belief the thatthe proposedrelocation theproposed proposed relocation would relocationwould improvethe wouldimprove improve thequality the forthe lifefor oflife qualityofof quality life for theChildren, the Children, including Children,including including

their their financial, theirfinancial, emotional, financial,emotional, educationalwellbeing. andeducational emotional,and and educational wellbeing. wellbeing.

Mother 153. Mother 153. 153. testified Mothertestified that testifiedthat shehas thatshe she hasnever has never theChildren withheldthe neverwithheld withheld the Childrenfrom Children from Fatherpursuant fromFather Father to pursuanttoto pursuant

the the existing theexisting custody existingcustody order. custodyorder. order.

154. 154. Mother 154. Mother testified Mothertestified hercurrent thather testifiedthat that her currentemployment current inNew employmentinin employment New to hertoto enabledher Jerseyenabled NewJersey Jersey enabled her

increase increase her increaseher yearly heryearly byapproximately salarybyby yearlysalary salary $9,000. approximately$9,000. $9,000.

155. 155. Mothertestified 5. Mother testifiedthat thatshe shewas wasinina acasual relationshipwith casualrelationship relationship withMichael MichaelHarkin Harkin

("Boyfriend") (“Boyfriend”) (Boyfriend")who whoresides residesininNew NewJersey. Jersey.

thather testifiedthat Mothertestified 156. Mother 156. 156. Mother testified that herproposed her relocation proposedrelocation resultinin wouldresult Jerseywould NewJersey inNew relocationinin New Jersey would result ina aa

highercost higher livingthan costofofliving living thanher hercurrent currentresidence residenceininPennsylvania. Pennsylvania.

1616 157. 157. 157. Mother testified Mother testified Mother that testified that she that she possesses she possesses the the opportunity possesses the opportunity to purchase to opportunity to purchase Boyfriend's home Boyfriend's home purchase Boyfriend’s home

New in New in m Jersey New Jersey for Jersey for $200,000 despite for $200,000 $200,000 despite its despite its fair market fair market its fair value market value of value of $740,000 of $740,000 because $740,000 because Boyfriend because Boyfriend seeks to seeks to Boyfriend seeks to

relocate relocate closer relocate closer to closer to New to New York New York City. York City. City.

158. 158. 158. Mother Mother testified Mother testified that testified that Boyfriend is aaa magnanimous Boyfriend isis that Boyfriend magnanimous ex-United ex-United States magnanimous ex-United States States Marine Marine who Marine who who

assists assists assists his fellow his fellow his Marines fellow Marines with aaa variety with Marines with variety of variety of issues including ofissues issues including housing. including housing. housing.

159. 159. 159. Mother Mother testified Mother testified that testified that she that she has shehas lived has lived approximately lived approximately seventeen seventeen toto approximately seventeen nineteen years to nineteen nineteen in years inin years

Delaware County Delaware Delaware County and County and that andthat she thatshe was shewas formerly was formerly employed atat employed formerlyemployed Paramus atParamus Schools. Public Schools. Paramus Public Public Schools.

160. 160. 160. Mother Mother testified Mothertestified that testifiedthat she thatshe has shehas lived inin lived has lived Pennsylvania inPennsylvania than she longerthan Pennsy Ivan ia longer longer than sheever she ever livedinin everlived lived in

New New Jersey. NewJersey. Jersey.

161. 161. 161. Mother testified Mothertestified Mother that testifiedthat her thather sister hersister livesinin sisterlives lives Pennsylvania. Havertown,Pennsylvania. inHavertown, Havertown, Pennsylvania.

162. 162.Mother'testified’that 162; Mother Mother testified sherefused Father's sherefused testified thatsheT-efusedTather’s requests to Father'srequeststo requests spend more tospend'mdre spend withth tine withthe moretimFwitlTthe time

Children because Childrenbecause Children she becauseshe feels shefeels that feelsthat strictly thatstrictly adhering adheringtoto strictlyadhering arrangementprovides custodyarrangement thecustody tothe the custody arrangement better providesbetter provides better

structure structure and structureand consistency andconsistency for consistencyfor the forthe Children. theChildren. Children.

163. 163. ofthe Becauseofof 163. Because Because the amount theamount oftime amountofof time thatpassed timethat that passed thefirst betweenthe passedbetween between the first and the ofthe dayofof secondday andsecond firstand second day the

hearing, hearing, the hearing,the Courtpermitted theCourt Court permitted Mother permittedMother again. calledagain. becalled tobebe Mothertoto called again.

1164. Mother 164. Mother 64. stated Motherstated addressisis currentaddress hercurrent statedher her current address inHavertown, isinin Pennsylvania. Havertown,Pennsylvania. Havertown, Pennsylvania.

165. Mother 165. Mother 165. requested Motherrequested thatshe that requestedthat she wantsprimary shewants wants custodyand primarycustody primary custody andthat and that she relocatetoto canrelocate shecan thatshe can relocate New toNew New

Jersey tobebe Jerseytoto Jersey closer becloser herextended toher closertoto her family. extendedfamily. extended family.

166. 166. Mother 166. Mother testifiedthat Mothertestified testified that makes$91,000 shemakes thatshe she makes $91,000per $91,000 peryear per hercurrent inher yearinin year her current Bergen inBergen jobinin currentjob job Bergen

County asa aahigh Countyasas County Englishteacher. schoolEnglish highschool high school English teacher. teacher.

167. Mother 167. 167. testifiedthat Mothertestified Mother testified thatthere that there alternativehouses arealternative thereareare alternative housesexcept houses exceptbeyond except theproperty beyondthe beyond the for propertyforfor property

which which whichshe she isubject sheis is tothethe subjecttoto subject leaseagreement. thelease lease SeeEx. agreement.See agreement. See P-26. Ex.P-26. Ex. P-26.

17 1717 168. Mother testified that she grew up in Bergen County, New Jersey and that all her 168. Mother testified that she grew up in Bergen County, New Jersey and that all her lives there. family lives family there.

169. lied in a post-graduate principal program and is on Mother testified that she enrolled 169. Mother testified that she enrolled in a post-graduate principal program and is on

track graduate ininMay tracktoto graduate 2026. of2026. May of

170. Mother indicated she believes principals and/or administrators in Bergen County, 170. Mother indicated she believes principals and/or administrators in Bergen County,

New receivehigh Jerseyreceive NewJersey salaries. highsalaries.

171. Mother testified that housing, schooling, and employment have been secured in 171 . Mother testified that housing, schooling, and employment have been secured in NewJersey. New Jersey.

172. Mother said over the past year, the co-parenting relationship between the parties 172. Mother said over the past year, the co-parenting relationship between the parties

have onlygotten haveonly worsethis gottenworse pastyear. thispast year.

173. movingtotoNew thoughmoving shethough thatshe testifiedthat Mothertestified 173. Mother NewJersey wouldimprove Jerseywould co- theco¬ improvethe

parentingrelationship parenting becauseit itwill relationshipbecause wil lessen I lessenthe amountofofphysical theamount andverbal physicaland verbalconflict. conflict.

174. Mother testified that the drive is a little less than two hours without traffic and 174. Mother testified that the drive is a little less than two hours without traffic and

thatshe that hasmade shehas madethe driveonon181 thedrive days. 181days.

175. Mother testifiedthat 175. Mother testified theparties thatthe partiesdodocustody exchangesatata police custodyexchanges a policestation stationinin

Pennsylvania. Pennsylvania.

176. Mother testified thatshe 176. Mother testified that willing sheis iswilling to be flexibleonontransportation. to be flexible transportation. transportation.

177. Mother 177. Mother testified testified that that she she enjoys driving in the driving in the car car with with the Children and the Children and that they that they 77. Mother testified that she enjoys driving in the car with the Children and that they 1

have have playlistsand playlists playlists and routines routines thethe that that Children Children enjoy. enjoy.

178. Mother 178. Mother testified testified that her concerns that her about abuse, concerns about abuse, meaning physical physical 178. Mother testified that her concerns about abuse, meaning physical abuse, have abuse, have abuse, have

intensified. intensified.

179. Mother testified that she did not act in court following her Children's reports of 179. Mother testified that she did not act in court following her Children’s reports of

abuse. abuse. abuse.

18 18 180. 180. 180. Mother testified Mother testified Mother that testified that she that she did she did not did not contact not contact CYS, contact CYS, rather CYS, rather rather other other mandated other mandated did. reporters did. mandated reporters did.

181. 181. 181. Mother testified that Mother testified Mother testified that the that the reports the reports were reports were unfounded, were unfounded, but unfounded, but that but that one that one report indicated one report report indicated that indicated that that

the family the family the might family might qualify might qualify for qualify for services for services for services for reasons for reasons of reasons of Father's of Father’s alleged Father's alleged substance abuse. substance abuse. alleged substance abuse.

182. 182. 182. Mother Mother testified Mother testified that testified that Father that F Father would show would ather would show at up at show up the at the school the school and school and discuss and discuss discuss sports and and sports and

the the move the move to move to New to New New Jersey way in aaa way Jersey inin Jersey she way she described she described as “verbal described as as "verbal abuse." "verbal abuse.” abuse."

183. 183. Mothertestified Mother testified that the oldest thatthe oldest Child Child called called her almost every heralmost day toto discuss day every day discuss his his

concerns aboutFather. concerns about Father.

184. 184. 184. TracyNini, Tracy Nini, the Nini,the daughter'steacher, the daughter’s teacher, did teacher,did not didnot contact notcontact her. contacther. her.

185. 1 85. Ex.P-32 Ex. oneChild’s fromone emailfrom anemail P-32isisan teacherindicating Child'steacher theChild indicatingthe Childwas wasupset upset

about movingtotoNew aboutmoving anddid Jerseyand NewJersey wanttotogo. notwant didnot go.

186. 186. callsthe Fathercalls thatFather testifiedthat Mothertestified Mother theChildren Childrenlosers loserson onFacetime. Facetime.

187. 187. 187. Mother Mothertestified Mother testified testifiedthat the thatthe Children theChildren Childrenare aredysregulated afterthey dysregulatedafter returnfrom theyreturn fromFather’s Father's

house. house. house.

188. testifiedthat Mothertestified 188. Mother thatshe sheisisininother otherrooms roomsand andhears hearswhen whenthe thekids kidsare areupset, and upset,and

then calls. thecalls. withthe interfereswith theninterferes

1 testifiedthat Mothertestified 189. Mother 89. thatFather Fathertells theChildren tellsthe Childrenshe shewears wearslingerie. lingerie.

1190. Mother 90. testifiedthat Mothertestified thathe theChildren Childrenuse usethe thewords words“fucknuts” "fucknuts"and and“foot "footfairy” fairy"toto

describe herfamily, describeher thisisisexactly family,this exactlywhat whatthe theChildren Childrentestified testifiedto.to.

191. Mothertestified 191. Mother testifiedthat thatFather Fathersigned theChildren signedthe Childrenupupfor formultiple baseballteams multiplebaseball teams

withoutconsulting without consultingwith withMother. Mother.

192. Mother 192. Mothertestified testifiedthat thatthe theChildren Childrenonly onlydodosports withFather sportswith Fatherbecause becausehehemakes makes

them. them.

1919 193. 193. 193. Mother Mother testified one that one testified that Mother testified that of one of the of the Children the Children has has aaa learning Children has learning disability in in the disability in learning disability the area area of the area of of

reading reading and reading and qualifies and qualifies for qualifies for special for special education. special education. education.

194. 194. 194. Mother testified testified that Mother testified Mother that she she resigned that she resigned from Garnet Garnet Valley from Garnet resigned from Valley School School District Valley School District in in August. District in August. August.

195. 195. 195. Ex. D-18 D-18 are Ex. D-l Ex. are documents are documents from Garnet from Garnet documents from Valley Garnet Valley School district stating School district Valley School district stating "resigned stating “resigned "resigned

1/17/25.° 1/17/25.” 1/17/25."

196. 196. Ex. D-l Ex. D-18 indicates indicates she she had had aa return-to-work return-to-work date date of ofJanuary January 21, 2025. January 21, 2025.

197. 197. 197. Mother Mother said Mother said the said the Children were begging toto were begging Children were the Children move moveto to move to New toNew Jersey. New Jersey. Jersey.

198. 198. 198. Mother said said the Mother said Mother the kids the kids were kids were devastated were devastated when she when she devastated when did did not she did not get notget relocation. emergency relocation. getemergency relocation.

199. 199. 199. Mother testified testified that Mothertestified Mother that that“I"I don't "I don’t say anythingtoto sayanything don'tsay my to my children aboutadult children about mychildren about adult matters." matters." adultmatters.”

200. 200. Mothertestified Mother testifiedthat thatshe sheonly only followsthe onlyfollows the custody custody order. custodyorder.

201. 201. 201. Mother Mother testified that thatshe testifiedthat Mothertestified she has hasnever shehas never Father providedFather neverprovided with Fatherwith extra withextra custodytime. extracustody time. time.

202. 202. 202. Mother Mother testified thatitit testifiedthat Mothertestified that depends itdepends on who onwho dependson watches whowatches the watchesthe kids thekids when kidswhen they whenthey get theyget an early anearly getan early

dismissal. dismissal. dismissal.

203. 203. 203. InInJanuary January of Januaryof 2024, Mother Mothertestified 2024,Mother of2024, testified that thatFather testifiedthat Father drove Fatherdrove by droveby her herhouse, byher house, and house,and she she andshe

called called the calledthe police. thepolice. police.

204. 204. Mothertestified Mother testifiedthat thatthe theChildren Childrentake takeabout abouttheir theirFather Fatherinintherapy. therapy. therapy.

205. Mother Mothertestified 205. Mother 205. testified that thatshe testifiedthat she cannot hear hearwhat cannothear shecannot what the whatthe Children Childrenare theChildren are doinginin aredoing therapy, intherapy, but but therapy,but

that that she hears oftenhears sheoften thatshe often Father's hearsFather’s Facetime Father'sFacetime calls Facetimecalls with callswith the withthe Children. theChildren. Children.

206. 206. Mother that testifiesthat Mothertestifies 206. Mother testifies she thatshe hassitsit shehas has sitinin sessions insessions with sessionswith the withthe Children. theChildren. Children.

207. 207. 207 Mother Mothertestified . Mother testified that thata aaschool testifiedthat school counselor counselororor schoolcounselor therapist ortherapist recommended the recommendedthe therapistrecommended Children Children theChildren

write write letterstoto writeletters letters Father. toFather. Father.

208. Mother 208. Mothertestified testifiedthat thatone oneofofthe thethree threechildren childrenwanted wantedtotoplay playfootball footballthrough through

SacredHeart, Sacred Heart,the theschool schoolwhere wherethe thechildren childrencurrently currentlyattend. attend.

2020 20 209. 209. 209. Mother testified testified that Mother testified Mother that instead of of playing instead of that instead playing flag football, flag football, playing flag the football, the Children went to Children went the Children went to Cares. Cares. to Cares.

210. 210. 210. Mother Mother testified Mother testified that testified that her that her children her children enjoy children enjoy sports. enjoy sports. sports.

211. 211. 211. Mother Mother testified Mother testified that testified that she that she was she was casually dating the dating the casually dating was casually seller seller of the seller of the ofthe house. the house. house.

212. 212. 212. Mother Mother testified Mother testified that the and the she and that she testified that she and Children Children went the Children went to went to spend to spend time spend time at time at her at her friend's her friend’s friend's

(previous (previous boyfriend) (previous boyfriend) mountain boyfriend) mountain house mountain house for house for Memorial for Memorial Day Memorial Day weekend. Day weekend. weekend.

213. 213. 213. Mother testified that after an an alleged after an that after testified that Mother testified Mother alleged choking alleged choking incident incident atat choking incident at aaa bowling bowling alley, alley, Mother bowling alley, Mother Mother

called called one called one of one of the ofthe Children's the Children’s therapists. Children's therapists. therapists.

214. 214. 214. Mother she that she testified that Mothertestified Mother testified that answered she answered the answeredthe Delaware the Delaware County Delaware County Intermediate County Intermediate Unit Unit IntermediateUnit

("DCIU") (“DCIU”) regarding questions regarding ("DCIU) questions CYS. regarding CYS. CYS.

215. 215. 215. Mother testified testifiedthat Mothertestified Mother that the thatthe children the children have childrenhave been dysregulated beendysregulated have been over the thelast overthe dysregulatedover last year lastyear year

becausethey because feelunsettled theyfeel unsettledabout aboutan anupcoming upcoming move. upcomingmove.

216. 216. 216. Mother Mother testified Mothertestified that testifiedthat she spends of mostof spendsmost shespends thatshe most her ofher time timeinin hertime New inNew Jersey. NewJersey. Jersey.

217. 217. 217. Mother Mother testified she thatshe testifiedthat Mothertestified that volunteers volunteersatat shevolunteers their theirsummer attheir summer camp, summercamp, and that thatthe andthat camp,and the Children Children theChildren

play sportsthere. playsports play there. there.

218. 218. Mothertestified Mother testifiedthat thatshe sheworks worksasaspart partofofaabarter part barterdeal, deal,and andthat thatthe thekids kidsattend attend

summer summercamp summer camp for campfor free forfree because freebecause she becauseshe volunteers volunteersatat shevolunteers times. attimes. times.

219. Mother Mothertestified 219. Mother 219. testified that the thathe testifiedthat Children like Childrenlike theChildren playing likeplaying and sportsand playingsports she andshe would shewould let letthem. wouldlet them. them.

220. 220. Mother testified testifiedthat Mothertestified 220. Mother that thatifif the Children wanted wantedtoto Childrenwanted theChildren ifthe play toplay baseball baseballinin playbaseball New inNew Jersey NewJersey they they Jerseythey

would wouldbebe would allowed allowedtoto beallowed tododo so. doso. so.

221. Mother 221. Mothertestified testifiedthat thatover overthe thelast lastschool schoolyear, year,she shedid didnot nottake takethem themtotoany any any

activities activities because activitiesbecause they becausethey did theydid not didnot want wantoto notwant go. togo.

222. Mother 222. Mothertestified testifiedthat thatshe shehas hasagreed agreedtotoFather’s Father'svacations, vacations,but buthat thatFather Fatherhas hasnot not

agreedtoto agreed agreed hers. tohers. hers.

2121 21 223. 223. 223. Mother testified Mother testified Mothei that testified that the that the Children the Children get upset Children get get upset upset and their and their and voices their voices get voices get loud while loud while get loud in while in in

therapy. therapy. therapy.

224. 224. 224. Mother wants Mother wants Mothei drug wants drug and drug and alcohol and alcohol management alcohol management as management as well as well as well as anger as anger management anger management for for management for

Father. Father. Father.

225. 225. 225. Adam Molineux Adam Adam Molineux testified Molineux testified as testified as one as one of one of Father's ofFather’s witnesses. Father's witnesses. witnesses.

226. 226. 226. Molineux Molineux testified that Molineux testified testified that he thathe lives inin lives he lives Haverford, in Haverford, Pennsylvania Haverford, Pennsylvania and has and Pennsylvania and has two children two children has two children

aged aged about aged about the aboutthe same the same ageasas age sameage the asthe parties' theparties’ Children. parties' Children. Children.

227. 227.. 227 Molineux testified Molineuxtestified Molineux that testifiedthat he thathe has hehas known hasknown the knownthe parties theparties foreight for parties for eightyears eight years thatthe and that years and and that the the

parties parties haveplayed partieshave have played baseball playedbaseball together, baseballtogether, and together,and that andthat the thatthe Children theChildren arebest Childrenare are best friends. bestfriends. friends.

228. 228. 228. Molineux testified Molineuxtestified Molineux testifiedthat that he thathe and heand Father andFather baseballtogether. coachedbaseball Fathercoached coached baseball together. together.

229. 229. 229. Molineux Molineuxtestified Molineux testified that testifiedthat isaaaloving Fatherisis Father thatFather devotedparent anddevoted lovingand loving and devoted whoisis parentwho parent who isalways always always

present present and presentand encouraging. andencouraging. encouraging.

230. 230. 230. Molineux Molineux testified Molineuxtestified that testifiedthat Mother thatMother isa aagreat Motherisis greatparent great justlike parentjust parent just like Father. likeFather. Father.

23231. 231. 1 testified Molineuxtestified Molineux . Molineux thathe testifiedthat that theparties’ the parties'Children parties' Childrenplay Children playless play lesssports less sportsthan sports than usedtoto theyused thanthey they used to

play. play. play.

232. Molineux 232. Molineux 232. testified Molineuxtestified theChildren thatthe testifiedthat that the are“baseball Childrenare Children are buddies." "baseballbuddies.” "baseball buddies."

233. Molineux 233. Molineux 233. testifiedthat Molineuxtestified testified that sonand hisson thathis his son theparties’ andthe and the parties'son parties' sonwere son were toplay weretoto play other eachother againsteach playagainst against each other

onon game ongame day gameday when whenthe daywhen the wereassigned childrenwere thechildren children were teams. differenteams. todifferent assignedtoto assigned different teams.

234. Molineux 234. Molineux 234. testifiedthat Molineuxtestified testified that Motherresponded thatMother Mother thatthe andthat aggressively,and respondedaggressively, responded aggressively, and that theparties’ the parties'Child parties' Child Child

did did not didnot end notend upplaying endupup thegame. inthe playinginin playing the game. game.

testifiedthat Molineuxtestified 235. Molineux 235. 235. Molineux testified that wasa aabirthday therewas thatthere there was birthdayparty birthday party hisson, forhishis partyfor for butthat son,but son, but that Mother did Motherdid thatMother did

not not theChild makethe notmake make the forthe availableforfor Childavailable Child available birthdayparty. thebirthday the birthday party. party.

236. Molineux 236. 236. Molineux Molineux testifiedthat testified testified that that theChildren the the Children onlyplay Childrenonly only playwhen play when kids. thekids. hasthethe Fatherhas whenFather Father has kids.

2222 237. 237. IZl. Molineux testified Molineux testified Molineux that testified that another that another of another of his children’s of his his children's birthdays he children's birthdays birthdays he for aaa scheduled for he scheduled scheduled for

Wednesday Wednesday because itit Wednesday because because was it was Father's was Father’s custodial Father's custodial night, custodial night, but night, but that Mother but that that Mother made Mother made children the children made the the children leave leave the leave the the

party party early party early consistent early consistent with consistent with the with the child the child custody child custody schedule. custody schedule. schedule.

238. 238. 238. Molineux testified Molineux testified Molineux that testified that there that there are there are one are one thousand one thousand children thousand children in children in the in the baseball league the baseball baseball and league and league and

that that Father that Father has Father has control minimal control has minimal minimal of control of the ofthe travel the travel schedule. travel schedule. schedule.

239. 239. 239. testified Molineuxtestified Molineux Molineux thatthere testified that that there was there was incident an incident was an an around incident around oflast Thanksgiving of around Thanksgiving Thanksgiving of lastyear last yearatat year at aaa

bowling bowling alley bowling alley with alley with the withthe Childrenpresent. the Children Children present. present.

240. 240. 240. Molineux Molineux testified Molineuxtestified that testifiedthat there thatthere were therewere manyadults weremany many adults adults present present the bowling atthe presentatat the alleythat bowlingalley bowling alley that that

day. day. day.

241. 241.. 241 Molineuxtestified Molineux Molineux testified thathe testifiedthat that he hewas was tenfeet wasten ten feet feetaway away thefollowing whenthe awaywhen when the incident followingincident following incident

groups happened:groups happened: happened: of groupsof boys ofboys were boyswere playing wereplaying withaaachat with playingwith chat function,there chatfunction, function, wasan therewas there was an indication that one of oneofof thatone indicationthat anindication

the theparties the parties' Children wasgoing Childrenwas parties'Children was goingtoto going chat tochat swear chataaaswear Fatherappropriately thatFather andthat word,and swearword, word, and that Father pulledthe appropriatelypulled appropriately pulled the the

Child Child back Childback and backand not didnot anddid did strangle notstrangle himatat him stranglehim all. atall. all.

242. Molineux 242. Molineux 242. testified Molineuxtestified that testifiedthat Fatherhandled thatFather Father situationappropriately thesituation handledthe handled the situation andthat appropriatelyand appropriately and that the thatthe the

Child Child enjoyed Childenjoyed the enjoyedthe restofof rest therest the ofthe bowling thebowling activityafter bowlingactivity activity after incident. theincident. afterthe the incident.

243. 243. Molineux 243. Molineux testified Molineuxtestified testifiedthat that Fathermay thatFather Father mayraise may raise his raisehis ina aapassionate voiceinin hisvoice voice passionatemanner passionate manner he whenhehe mannerwhen when

isis coaching iscoaching thathehe that buthat coachingbut but heisis neverinappropriate. isnever never inappropriate. inappropriate.

244. 244. John 244. John ("Father")testified. Dilworth(“Father”) JohnDilworth Dilworth ("Father") testified. testified.

245. 245. Father 245. Father inDrexel livesinin Fatherlives lives Hillwith DrexelHill Drexel Hill with hisparents withhishis parentssince parents 2024. 2,2024. January2,2, sinceJanuary since January 2024.

246. Father 246. Fathertestified testifiedthat thathehepreviously livedwith previouslylived withMother Motherand andthe theChildren Childreninin

Havertown Havertown abouteight forabout Havertownforfor about years. eightyears. eight years.

2323 247. 247. 247. Father Father testified Father testified that testified that there that there have there have been have been numerous contempt been numerous numerous contempt petitions, contempt petitions, multiple petitions, multiple multiple

contacts with contacts with contacts with the the Haverford the Haverford Po1ice Haverford Police Department, Police Department, multiple Department, multiple CYS investigations, CYS multiple CYS investigations, and multiple and multiple investigations, and PFA PFA multiple PFA

petitions. petitions. petitions.

248. 248. 248. Father testified Father testified Father that testified that he never that he he never never threw threw Child threw aaa Child through Child through the wall, the wall, through the but wall, but the two that the but that that the two two

children were children were children fighting were fighting so he broke so he fighting so he broke them broke them up, them up, and up, and he tossed when he and when when he tossed Child the Child tossed the the the bed on the Child on on the bed his bed his knee his knee hit knee hit hit

the the wall the wall leaving wall leaving sort some sort leaving some some of sort of impression. ofimpression. impression.

249. 249. 249. Father testified Fathertestified Father that testifiedthat the thatthe Child the Child required Childrequired no required no medical nomedical medical attention attention neitherthe and neither attention and and neither thepolice the police police

nor nor CYS norCYS was CYSwas contacted wascontacted following contacted following the followingthe "knee the“knee incident." "kneeincident.” incident."

250. 250. 250. Father testified Fathertestified Father that testifiedthat on thaton another onanother occasion, anotheroccasion, occasion,he he was Children theChildren withthe outsidewith wasoutside hewas outside with the Children

trimming trimming hedges trimminghedges when hedgeswhen oneof whenone one of the ofthe Children theChildren got cuton gotaacut Childrengot cut hand. thehand. onthe on the hand.

251. 251. 251. Fathertestified Father Father testified that testifiedthat the thatthe Child theChild required Childrequired medicalattention nomedical no requiredno medical attentionfollowing attention following the“cut followingthe the "cut "cut

incident." incident.” incident."

252. 252. 252. Father Father testified Fathertestified that testifiedthat heagreed thathehe agreed withMolineaux’s with agreedwith Molineaux's ofthe assessmentofof Molineaux' sassessment assessment theincident the incident that incidentthat that

happened happened the athe happenedatat bowling thebowling alley. bowlingalley. alley.

253. Fathertestified 253. Father 253. Father testified that testifiedthat believesMother hebelieves thathehe believes Motherinterrogates Mother interrogatesthe interrogates custodial hiscustodial afterhis kidsafter thekids the kids after his custodial

time time and timeand asks andasks the asksthe loaded theloaded questions. loadedquestions. questions.

254. 254. Exhibit 254. Exhibit D-20 ExhibitD-20 isa aaphotograph D-20isis photographofof photograph childrenenjoying thechildren ofthe the children enjoyingthemselves enjoying themselves bowling thebowling athe themselvesatat the bowling

alley. alley. alley.

255. Exhibit 255. Exhibit 255. D-21are ExhibitD-21 D-21 are lettersfrom areletters letters CYSfinding fromCYS from CYS abuse“unfounded” findingabuse finding abuse "unfounded" that findingthat andfinding "unfounded"and and finding that

protective protective services protectiveservices notneeded. werenot serviceswere were not needed. needed.

256. Father 256. 256. testifiedthat Fathertestified Father testified that hisdrug thathishis drugand drug and alcohol negative. wasnegative. testwas alcoholtest andalcohol test was negative.

24 2424 257. 257. 257. Father Father testified that that he testified that Father testified he got he got the the test got the test about test about days ninety days about ninety later later because days later because he because he thought ititit he thought

was was necessary necessary to was necessary to have have itit to have before review, next review, the next before the it before the next and review, and that and that Hearing that Hearing Officer Hearing Officer Martinez Officer Martinez did Martinez did not did not say not say say

when when he had when he he had to had to get to get the get the test the test done. test done. done.

258. 258. 258. Father Father testified on that on testified that Father testified that all all three on all three PFA three PFA petitions PFA petitions Mother petitions Mother sole sought sole Mother sought legal sole legal and and legal and

physical custody. physical custody. custody.

259. 259. 259. Father testified testified that Father testified Father that he that he does he does not does not have anger have anger not have and aggression and aggression anger and issues now. now. issues now. aggression issues

260. 260. Father testified Father testified that that he he and and Mother Mother planned to have planned to have Children Children together afterthey together after they they

got married. gotmarried.

261. 261. 261 Father Father testified an an alleged thatan testified that Fathertestified that alleged incident incidentinin alleged incident the inthe kitchen thekitchen involved kitcheninvolved Mother involved Mother screaming Motherscreaming

curse curse words wordsatat cursewords him, that she thatshe him,that athim, her puther sheput hands onhim handson herhands on him first and andhe firstand himfirst he grabbed grabbedher hegrabbed her hands herhands yelling handsyelling for yellingfor her forher her

toto tostop. stop.

262. 262. 262. Father Father admitted he hecalled admittedhe Fatheradmitted called Mother Motheran calledMother an "Italian c-nt" c-nt"and "Italianc-nt” an“Italian and that thatitit andthat was itwas wrongtoto wrong waswrong do, do,he todo, he he

stated stated she statedshe hit him himfor hithim shehit for sayingitititbut saying forsaying but insinuated insinuateditititmay butinsinuated have mayhave been havebeen partially beenpartially deserved. partiallydeserved. deserved.

263. 263. Fathertestified Father testifiedthat thathe hehas hasnever neverhit, hit,kicked, kicked,ororshoved shovedMother. Mother.

264. 264. Fathersaid Father saidprior priortotohim prior himleaving thehouse, leavingthe house,there therewere wereno noallegations allegations allegationsofofabuse. abuse.

265. 265. 265. Father Fathertestified Father testified that testifiedthat Mother thatMother took photographsofof tookphotographs Mothertook him ofhim sleepingoror sleeping himsleeping passed orpassed out near neara aa outnear passedout

beercan beer canafter afterhehehad hadworked workeda along long dayatathis longday hisnew newcontracting contractingjob. job.

266. Father Fathertestified 266. Father 266. testified that thathehe testifiedthat has never neverbeen hasnever hehas been charged beencharged with withany chargedwith any alcohol anyalcohol related alcoholrelated offense. offense. relatedoffense.

267. 267. 267 Father . Father testified that thatthere testifiedthat Fathertestified there have been beenoccasions havebeen therehave occasions when whenhehe occasionswhen and andMother heand Mother were Motherwere drinking drinking weredrinking

around the theChildren, aroundthe around Children, but that Mother has Motherhas thatMother buthat Children,but never refused refusedtoto neverefused hasnever get getinin toget the thecar inthe car with carwith him. withhim. him.

268. 268. Father testified testifiedthat Fathertestified 268. Father that Mother thatMother has Motherhas called calledthe hascalled the somethinglike policesomething thepolice like seventeen likeseventeen times times seventeentimes

buthat but thathehehas hasnever neverbeen beenarrested arrestedororeven evenhad hada afirm firmtalking talkingto.to.

2525 25 269. 269. 269. Father Father testified Father testified that never has never he has that he testified that he has committed committed aaa PFA never committed PFA violation PF violation while violation while subject while subject to to aaa subject to

temporary temporary PF A. PF temporary PFA. A.

270. 270. 270. Father Father testified Father testified that Mother not not physical was not Mother was that Mother testified that was physical with with the physical with the Children the Children when Children when lived they lived when they they lived

together, together, but together, but that but that she that she might she might be might be physical be physical now. physical now. now.

271. 271. 27 Father testified testified that Father testified Father that Mother does allow not allow does not Mother does that Mother not the the Children allow the Children to Children to transport to transport toys transport toys between between toys between

the the residences. the residences. residences.

272. 272. 272. Father he thathe testified that Father testified Father testified that used he used to used to read to read Hardy read Hardy Boys HardyBoys books to books to Boys books the Children the Children to the and Children and that andthat that

Mother gets Mother gets rid of gets rid ofthose those books books now. now.

273. 273. Fathertestified Father testifiedthat thathe doesnot he does notthink thinkMother Mother isis abusive abusive or oran an alcoholic. alcoholic.

274. 274. 274. Father Father testified that thathis testifiedthat Fathertestified his current contact contactwith currentcontact his current with the withthe Children Childrenisis theChildren very isvery limited, and limited,and very limited, that that andthat

he henever he never agreedtoto agreed neveragreed the tothe temporary thetemporary custody order custodyorder temporarycustody wherein orderwherein hegets he whereinhe gets Wednesday getsWednesday visitation visitationasas nightvisitation Wednesdaynight as

well wellasas well every asevery other everyother weekend. otherweekend. weekend.

275. 275. 275. Father Father testified custody custodyarrangements thecustody testifiedthe Fathertestified the arrangements havealways have arrangementshave always been beenaffected alwaysbeen affected by affectedby PF PFAs byPFAsAs

before before thetemporary beforethe the temporary order custodyorder temporarycustody went orderwent into wentinto effect. intoeffect. effect.

276. 276. 276. Father Father testified Fathertestified that thathehe testifiedthat thought hethought theparties the thoughtthe parties would have haveaaa50-50 wouldhave partieswould 50-50 custody custody 50-50custody

arrangement instead insteadofof arrangementinstead what ofwhat currently theycurrently whathey they have. currentlyhave. have.

277. 277. Father 277. Father testified Fathertestified that thatwhen testifiedthat when thechildren the whenthe children were childrenwere home werehome for fora aasnow homefor snow day dayonon snowday the onthe Monday Monday theMonday

following following hiscustodial followinghis custodialweekend, weekend,Mother Motherdid didnot notletletFather Fatherhave haveadditional additionaltime timewith withthe the

Childrenwhen Children whenheheasked. asked.

278. Father 278. Fathertestified testifiedthat thatMother Motherdid didnot notletletFather Fathersee seethe theChildren Childrenfor forHalloween Halloweenoror

attenda atrunk attend trunkorortreat treatevent eventlast lastyear. year. year.

279. 279. Father 279. Father testified Fathertestified that thatMother testifiedthat Mother threatened threatenedtoto Motherthreatened call tocall the callthe policeifif police thepolice ifhehe went wentoto hewent their totheir home home theirhome

toto off dropoff todrop school offschool clothing. schoolclothing. clothing.

2626 26 280. 280. 280. Father testified testified that Father testified Father that the that the Children the Children regularly Children regularly go regularly go to go to aftercare to aftercare or or hired aftercare or hired babysitters, hired babysitters, and and babysitters, and

sometimes sometimes with sometimes with Maternal with Maternal Grandmother. Maternal Grandmother. Grandmother.

281. 281. 281. Father Father testified he that he testified that Father testified that tried he tried to tried to accommodate accommodate aaa baby to accommodate baby shower shower event baby shower event but but that event but that Mother Mother that Mother

accused accused him and stalking and of stalking him of accused him of stalking that and that the that the Children the Children missed Children missed their missed their tournament their tournament games. tournament games. games.

282. 282. 282. Father testified that Mother was at at aaa wedding was at Mother was that Mother testified that Father testified Father wedding the wedding the weekend the weekend of weekend of the ofthe shower shower inin the shower in

Delaware Delaware County Delaware County with same the same then-boyfriend, the her then-boyfriend, with her County with her then-boyfriend, the individual same individual who individual who has who has volunteered has volunteered to volunteeredto sell sell aaa to sell

home home to home to her to her for her for below for below market below market value. market value. value.

283. 283. 283. Father stated stated that Father stated Father that he that he believes he believes alienation believes alienation and alienation and manipulation andmanipulation have been been occurring. have been manipulation have occurring. occurring.

284. 284. 284. Father Fathertestified Father testified that the told the Mothertold thatMother testifiedthat Mother told Children Children about the Children about the aboutthe divorce thedivorce during divorceduring Christmas duringChristmas Christmas

break break 2023, break2023, and that thathe andthat 2023,and he was the fromthe removed from wasremoved hewas removed from house pursuanttoto pursuant housepursuant thehouse toaaatemporary temporary PFA temporaryPFA granted PF Agranted on grantedon or onor or

around around January aroundJanuary 2025. January2025. 2025.

285. 285. 285. Father testified the thatthe testifiedthat Fathertestified Father that Children Childrennever theChildren never expressed neverexpressed wantingtoto wanting expressedwanting move movetoto tomove New toNew Jersey NewJersey Jersey

until until Labor when 2024,when Day2024, LaborDay untilLabor Day 2024, Mother told theChildren toldthe Mothertold whenMother the Children Childrentoto tell Father Fatherwhat tellFather totell what they whatthey wanted, theywanted, and wanted,and they andthey they

said said they saidthey wanted wantedtoto theywanted move movetoto tomove New toNew Jersey. NewJersey. Jersey.

286. 286. 286. Father testified his eightyear hiseight thathis testifiedthat Fathertestified Father that eight year old oldasked yearold asked why askedwhy Father whyFather was Fatherwas tryingtoto trying wastrying deny todeny him denyhim him

the the chance chanceatat thechance ata aabetter better life? betterlife? life?

287. Father Fathertestified 287. Father 287. testified that thatMother testifiedthat Mother has hasnever Motherhas never had neverhad the hadthe Children Childreninin theChildren Havertown inHavertown during Havertownduring her her duringher

custodial time, not for fora aaplaydate notfor time,not custodialtime, custodial playdateoror playdate partyoror party orparty for orfor any forany reason. anyreason. reason.

288. 288. Father that testifiedthat Fathertestified 288. Father testified Mother thatMother recently Motherrecently did recentlydid not allow allowthe notallow didnot the Child Childtoto theChild attend toattend multiple attendmultiple multiple

birthday birthday partiesinin parties birthdayparties Haverford inHaverford during Haverfordduring her duringher custodial hercustodial time. custodialtime. time.

289. 289. Father that testifiedthat Fathertestified 289. Father testified Mother thatMother has Motherhas not hasnot attended notattended any attendedany sports anysports events eventsinin sportsevents Delaware inDelaware Delaware

County County for Countyfor about abouta aayear. forabout year. year.

290. 290. Father that testifiedthat Fathertestified 290. Father testified the thatthe Children have outonon missedout havemissed Childrenhave theChildren missed out his onhis family's hisfamily’s birthday family'sbirthday parties. birthdayparties. parties.

2727 27 291. 291. Father Father has said has said Father has Mother Mother isis said Mother good is good about good about following about following the following the custody the custody order order but custody order but other other than but other than than

that that there that there is there is no is no compromise. no compromise. compromise.

292. 292. 292. Father testified testified that Father testified Father that while that while the while the parties the parties were parties were together, were together, they they split together, they split parental duties duties like parental duties split parental like like

diapers diapers and diapers and feeding. and feeding. feeding.

293. 293. 293. Father testified testified that Father testified Father that he the coached the always coached he always that he always coached kids' the kids’ sports, kids' sports, signed sports, signed them up them up signed them for piano forpiano up for piano

lessons, lessons, and lessons, and played and played with played with them. with them. them.

294. 294. 294. Father Fathertestified Father testified that he taken has taken he has that he testifiedthat has the the kids taken the kids fishing kids fishing and fishing and crabbing. and crabbing. crabbing.

295. 295. 295. Father Fathertestified Father testified that testified that he cooks and cooks and he cooks that he bakes bakes with and bakes with the withthe children. the children. children.

296. 296. 296. Father Father testified that thathe testifiedthat Fathertestified he and and Mother he and Mother would Motherwould take wouldtake turns taketurns puttingthe turnsputting the Children Childrentoto theChildren bed bed tobed

and and readingtoto reading andreading them. tothem. them.

297. 297. 297. Father Fathei testified the thatthe testifiedthat Fathertestified that Children Childrenhave theChildren have always havealways gonetoto alwaysgone Sacred toSacred Heart SacredHeart here hereinin Hearthere in

DelawareCounty, Delaware PAwith County,PA withfew fewexceptions. exceptions. exceptions.

298. 298. 298. Father Fathertestified Father testified that thatboth testifiedthat both wanted wantedtoto parentswanted bothparents give togive the childrenaaaCatholic thechildren givethe children Catholic education education Catholiceducation

and and that andthat they made madeaaamutual theymade thatthey mutual decision decisiontoto mutualdecision send the sendthe tosend Children Childrentoto theChildren Sacred toSacred Heart. SacredHeart. Heart. ·

299. 299. Fathertestified Father testifiedthat thatthey they walktotoand theywalk andfrom fromschool schoolevery every everyday andthat dayand thatthey they have theyhave

sportspractice sports nearby. practicenearby. nearby.

33 00. 300. Father testified that thathey testifiedthat Fathertestified 00. Father they have havea aatight theyhave tight knit groupofof knitgroup tightknit friends friendsatat offriends Sacred atSacred Heart SacredHeart and and Heartand

through the throughthe community, thecommunity, mainly community,mainly from mainlyfrom sports. fromsports. sports.

301. 301. Father 30 I. Father testified Fathertestified that thathehe testifiedthat sees seesthe hesees the Children Childrenatat theChildren school atschool not nottoto schoolnot tobebe belligerent bebelligerent but but belligerentbut

becausehehemisses because missesand andloves loveshis hisChildren. Children.

302. Father 302. Fathertestified testifiedthat thatMother Motherstarted startedhaving havingpeople drivethe peopledrive theschool schooltwo twoblocks blockstoto

school schoolsoso school sohehe could hecould not Children theChildren meethe notmeet couldnot meet the and Childrenand walk andwalk with walkwith them withthem partofof thempart the ofthe waytoto theway way school. toschool. school.

2828 28 303. 303. Father testified Father testified that that here here in in Delaware Delaware County, parents, his his parents, County, his his brother, brother, and and his his

uncle's family, uncle’s family, are are all all located located nearby. nearby.

304. 304. Father testified Father testified that that the the Children’s Children's godparents live nearby. godparents live nearby.

305. 305. Father testified Father testified that that things have gotten things have gotten aa lot lot better better between between him him and and his his brother brother

since Christmas since Christmas 2024, 2024, even even ififthey they are are not notcurrently currently super close. superclose.

306. 306. Fathertestified Father testifiedthat thatMother Motherwould would occasionally occasionallygo uptotoNew goup NewJersey Jersey totovisit visitand and

thatthey that theywould wouldvisit visitfor forholidays, butininthe holidays, but thepast, therewas past,there wasnever neveraasituation situationininwhich whichthe the

Childrenbegged Children beggedtotogo. go.

307. 307. Fathertestified Father testifiedthat thatMother Motherhas supportnetwork hasaasupport networkhere hereininDelaware DelawareCounty Countyand and

thatshe that shelived livedhere thanthe longerthan herelonger thetotal amountof totalamount oftime timeshe time shelived livedininNew NewJersey. Jersey.

308. Father 308. Fathertestified testifiedthat thatthe theChildren Childreninitially initiallydid didnot notwant wanthe theparties partiestotoget divorced. getdivorced.

309. Father 309. Fathertestified thathehebelieved testifiedthat believedMother Mothertried triedtototurn theChildren turnthe Childrenagainst Father againstFather

becauseshe because shelimited limitedhis hisaccess accesstotothe theChildren Childrenand andthat thatshe sheabused abusedthe civilsystem thecivil systemtotoget getanan

advantageinincustody advantage custodyproceedings. proceedings.

310. Father 310. Fathertestified testifiedthat thathehebelieved Motherinspired believedMother theChildren inspiredthe Childrentotohave haveanxiety anxiety

abouthings about suchasasplaying thingsuch baseball. playingbaseball.

311. Father 311. Fathertestified testifiedthat thathehenever neverstrangled strangledhishisChild. Child.

312. Father 312. Fathertestified thathehemight testifiedthat haveswatted mighthave swattedthe theChild Childwhen whenhehewas wasvery veryyoung youngbut but

nevergot never seriouslyphysically gotseriously aggressive. physicallyaggressive.

313. Father 313. Father testifiedthat testified oneChild thatone Childnow nowalleges allegeshehehas hasstrangled strangledhim himin inthethepast pastwhen when

thatis isnot that true. true. not

314. 31 Father 4. Father testified testified that that hehe feels feels hehe hashas missed missed outout onon eighteen eighteen months months ofof thethe

Children's Children's Children’s lives lives lives and and and that that that it it is it is is time hehe time time he will notnot will will getget not get back. back. back.

2929 29 3315. ] 5. 315. Father Father testified Father testified that testified that Mother that Mother loves Mother loves the loves the Children. the Children. Children.

316. 316. 316. Father Father testifies Father testifies that he daily daily phone/video has daily he has that he testifies that has phone/video contact contact on phone/video contact on the on the Our the Our Family Our Family Wizard Family Wizard Wizard

application application for about application for for about ten about ten to ten to twelve to twelve minutes. twelve minutes. minutes.

317. 317. 317. Father Father testifies Father testifies that Mother with interferes with Mother interferes that Mother testifies that interferes his with his phone phone and his phone and video and video contact. video contact. contact.

318. 318. 3 8. Father testified testified that Father testified Father that he that he asked asked ifif he asked the dog the dog ifthe could could come dog could come with with the come with the kids the kids for kids for custodial custodial for custodial

time time and Mother that Mother and that time and that indicated that be to be have to would have that would indicated that Mother indicated would have to determined be determined by determined by the by the Court, the Court, which Father Court, which which Father Father

believes believes was believes was intended was intended to intendedto be to be spiteful. be spiteful. spiteful.

319. 319. The parties The parties are currently parties are currently about abouttwo two miles miles apart apart and the apartand theproposed proposed move isis about proposedmove about

125 125 miles miles apart. 125 miles apart.

320. 320. 320. Father testified he thathe testifiedthat Fathertestified Father that fears hefears he fearshe will hewill never willnever coach nevercoach them againifif again themagain coachthem they ifthey move movetoto theymove New toNew New

Jersey Jersey and Jerseyand will andwill not willnot see notsee them theminin seethem the inthe mornings themornings anymore. morningsanymore. anymore.

321. 321. 321. Father Father testified that thathe testifiedthat Fathertestified he believes believesMother hebelieves Mother will abuse abusethe willabuse Motherwill the civil thecivil systeminin system civilsystem the inthe future futureifif thefuture if

shemoves. she moves.

322. 322. 322. Father Father testified Mother's thatMother’s testifiedthat Fathertestified that new Mother'snew boyfriend newboyfriend (whichthe boyfriend(which the parties theparties dispute) partiesdispute) stared staredatat dispute)stared at

him him on onatat himon least atleast one leastone occasion. oneoccasion. occasion.

323. 323. Fathertestified Father testifiedthat thatheheworks worksfor forhimself himselfand andthat thathehecan canmake makehis hisown ownschedule, schedule,

and and that andthat Paternal thatPaternal Grandmother Grandmotherisis PaternalGrandmother available availabletoto isavailable assist. toassist. assist.

324. 324. Father 324. Father testified Fathertestified that thathehe testifiedthat tried triedtoto hetried make tomake with compromiseswith makecompromises Mother, Mother,but withMother, but that buthat Mother Motherisis thatMother is

nevercooperative. never cooperative. cooperative.

325. 325. Father 325. Father testified Fathertestified that thathehe testifiedthat has hasa aaYouTube hehas YouTube television YouTubetelevision account, televisionaccount, and account,and that andthat Mother thatMother does does Motherdoes

not not want wantoto notwant share toshare the sharethe account. theaccount. account.

326. 326. Father stated Fatherstated 326. Father there thereisis statedthere isnono historyofof nohistory drugoror drug ofdrug alcohol oralcohol abuse him, abusebybyhim, alcoholabuse Mother, Mother,oror him,Mother, any any orany

member memberofof member his ofhis household. hishousehold. household.

3030 30 327. 327.. 327 Father testified testified that Father testified Father that the that the parties the parties were parties were married for married for were married eleven for eleven years, eleven years, and that that Mother and that years, and Mother Mother

always always had opportunities to get principal to get opportunities to had opportunities always had get principal certification principal certification here certification here in here in Delaware in Delaware County. Delaware County. County.

328. 328. 328. Father Father testified that that Mother testified that Father testified Mother Mother isis is aaa great great teacher great teacher and that that in and that teacher and in the in the past the past Mother did did not Mother did past Mother not not

pursue administrative administrative opportunities pursue administrative pursue opportunities in the the past in the opportunities in past because past because she because she did not not want did not she did want to to work want to work twelve work twelve months months twelve months

out out of out of the ofthe year. the year. year.

329. 329. 329. Father testified testified that Father testified Father that he that he was he was always was always supportive of ofMother’s supportive of always supportive Mother's career. career. Mother's career.

330. 330. 330. Father testified testified that Fathertestified Father that at first, was was supportive Motherwas first, Mother atfirst, that at Mother supportive of his his choice ofhis supportive of choice to choiceto start to start his starthis own own his own

business business but business but that butthat she that she later held held ititit over laterheld she later over his over his head. his head. head.

331. 331. Ex. D-23 Ex. D-23 includes includes information information about aboutMother’s Mother'sproposed relocation, which proposed relocation, which isis

reportedly aahigher reportedly reportedly higher costof highercost ofliving. living. living.

332. 332. 332. Father Fatherstated Father stated he hedoes statedhe does not doesnot believe believeitititmakes notbelieve makes financial financialsense makesfinancial sense for sensefor Mother Mothertoto forMother live liveinin tolive in

333. 333. 333. Father testified testifiedthat Fathertestified Father that Mother's longtime Mother'slongtime thatMother’s friend/boyfriend longtimefriend/boyfriend he has hehas friend/boyfriendhe never nevermet hasnever met before before metbefore

inin his life, life,never hislife, inhis never sent sentaaaChristmas neversent Christmas card, and card,and Christmascard, never attended attendedone neverattended andnever one of the theChildren’s ofthe oneof Children's birthday Children'sbirthday parties. birthdayparties.

334. 334. 334. Father Father testified Fathertestified that testifiedthat Mother Motherisis thatMother not notaaaveteran. isnot veteran. veteran.

335. 335. Fathertestified Father testifiedthat thathehewas waswith withMother Motherfor forthirteen thirteenyears andnever yearsand nevermet metMother’ Mother's s

longtime longtime friend/boyfriend. longtimefriend/boyfriend. friend/boyfriend.

336. Father 336. Fathertestified testifiedthat thathe theChildren’s Children'schurch, church,community, community, friends,schooling, community,friends, schooling,isisallall schooling,

locatedininDelaware located DelawareCounty, County, PA County,PA. PA

33 337.7. Father 337. Father testified testifiedthat Fathertestified that thatatat first, atfirst, after first,after decidingtoto afterdeciding divorce, todivorce, the divorce,the parties theparties were able abletoto wereable partieswere tododo do

things thingstogether things together but butatat togetherbut some atsome around point,around somepoint, January aroundJanuary 2024, January2024, that 2024,that changed. thatchanged. changed.

338. 338. Father 338. Father stated statedhehe Fatherstated wants wantsrelocation hewants relocation denied deniedand relocationdenied and that thathehe andthat wants hewants 50-50 wants50-50 custody, 50-50custody, and andifif custody,and if

she sheisis she permittedtoto ispermitted relocate torelocate that thathehe relocatethat gets hegets custody. primarycustody. getsprimary custody.

3131 31 339. 339. 339. Father Father testified Father testified that testified that the "cut" incident "cut" incident the “cut” that the was incident was reported reported to was reported to CYS. to CYS. CYS.

340. 340. 340. Father Father admitted the the bowling after the admitted after Father admitted after bowling incident incident CYS bowling incident CYS suggested aaa drug suggested CYS suggested drug and alcohol alcohol and alcohol drug and

evaluation, evaluation, and evaluation, and he and he did an did an he did interview with with aaa CYS interview with an interview CYS caseworker. CYS caseworker. caseworker.

341. 341 341. Father Father testified Father testified that court the court ifthe that if testified that if the ordered ordered him court ordered him to him to anger to anger management, anger management, he management, he would he would would

absolutely absolutely do but it, but do it, absolutely do it, that but that he that he does not he feel he not feel does not he does feel has he has an has an anger an anger problem. anger problem. problem.

342. 342. 342. Father Father testified Father testified that the have children have the children that the testified that children been been traumatized have been traumatized by traumatized by all by all this. all this. this.

343. 343. 343. Father Father testified Father testified that he both understands both he understands that he testified that understands sides sides meet both sides meet in meet in the in the middle. the middle. middle.

344. 344. 344. Father testified testifiedthat Fathertestified Father that Mother be to be claims to Mother claims thatMother claims to terrified terrified of be terrified of the ofthe kids the kids when kidswhen they whenthey are with with arewith they are

Fatherand Father and yet choosesto yet chooses to spend spend hertime spend her time during during his custodial duringhis custodial time timevery very far away veryfar away as opposed awayas opposedtoto opposed

seven seven minutes seven minutes away. minutes away. away.

345. 345. 345. Father that testifiedthat Fathertestified Father testified he thathe does hedoes not doesnot have haveaaadrinking nothave drinkingproblem. problem. problem.

346. 346. 346. Father Fathertestified Father testified that testifiedthat he thathe does hedoes not doesnot drink notdrink every drinkevery Lent. everyLent. Lent.

347. 347. 347. Father Fathertestified Father testified that he more caresmore hecares thathe testifiedthat cares about abouthis moreabout his children hischildren than childrenthan drinking. thandrinking. drinking.

348. 348. 348. Father Father testified that thathe testifiedthat Fathertestified he drinks socially sociallywith drinkssocially hedrinks with the withthe Children Childrenbut theChildren but never nevertoto butnever excess toexcess with with excesswith

the the Children. theChildren. Children.

349. 349. Father testified testifiedthat Fathertestified 349. Father that thathehe has hasnot hehas not lived alone alonewith livedalone notlived with the withthe Children, theChildren, but Children,but that thathehe butthat lived helived with with livedwith

hisparents. his parents. parents.

350. 350. Father 350. Father testified Fathertestified that thathehe testifiedthat agreedtoto heagreed toletlet Mother Motherhave letMother have the havethe martial martialhome themartial home because becausehehe homebecause had had hehad

parents nearby parentsnearby whohehecould nearbywho couldlive livewith, with,and andshe shedid didnot. not.

351. 351. 351 Father . Father testified the theparties thatthe testifiedthat Fathertestified that parties did partiesdid not didnot have havea aaplan nothave plan for custody custodyand forcustody planfor and that thatthis andthat this was was thiswas

partofof part the thereason ofthe reason reasonhehe did not moveout move notmove didnot hedid out outofof the thehouse, ofthe house, because becausehehe house,because the thoughthe hethought parties theparties needed aa plan. neededapian. partiesneeded plan.

352. Father 352. Fathertestified testifiedthat thathere therewas wasa aperiod period during whichhehehad duringwhich periodduring hadsupervised supervised custody. supervisedcustody.

3232 32 353. 353. 353. Father testified Father testified Father that testified that his that his father his father (paternal father (paternal grandfather) had (paternal grandfather) grandfather) had to had to be to be be supervised supervised at some supervised at at some some

point. point. point.

354. 354. 354. Father testified Father testified Father that testified that he originally that he he originally suggested originally suggested four suggested four days four days on, on, four days on, four days four days as aaa 50-50 off, as off, days off, as 50-50 50-50

proposal proposal would proposal would be would be consistent be consistent for consistent for them. for them. them.

355. 355. 355. Father Father testified Father testified that testified that Mother that Mother went Mother went to aaa wedding to went to wedding learned and learned and wedding and learned that that theknot.com. from theknot.com. that from from theknot.com.

356. 356. 356. Father testified Fathertestified Father thatthe testified that that the Children the Children missed Children missed on out on missed out out time on time with time with and sports friends and the friends with the the friends and sports sports

when when Mother whenMother was Motherwas not was not even noteven with evenwith them withthem despite itititbeing despite them despite being custodial hercustodial beingher her time. custodial time. time.

357. 357. 357. Father Fathertestified Father testified that testifiedthat Mother thatMother has Motherhas babysitteroror hasaaababysitter babysitter neighbortaking orneighbor neighbor takingthe taking the children the children to childrentoto

schoolinin school school the inthe morning themorning instead morninginstead of insteadof letting ofletting Father lettingFather take Fathertake the takethe children thechildren school. toschool. childrentoto school.

358. 358. 358. Father Father testifiedthat Fathertestified testified that he thathe does hedoes not doesnot berate notberate beratethe the inthe Childreninin theChildren Children themornings the totake morningstoto mornings take them takethem them

toto school. toschool. school.

359. 359. 359. Father Fatheradmitted Father admitted that admittedthat vacations thatvacations needtoto vacationsneed need beagreed tobebe agreedon agreed onand on and to agreedtoto hasagreed Motherhas thatMother andthat that Mother has agreed

vacations. vacations. vacations.

360. 360. Father 360. Father testified Fathertestified that testifiedthat thathehe saidnono onlysaid heonly only said itwas becauseitit vacationbecause Mother'svacation toMother’s nototo Mother's vacation because during wasduring was during

Christmas Christmas becausehehe because Christmasbecause wantedtoto wanted hewanted tosplit split theday splithe the dayofof day andshe Christmasand ofChristmas Christmas and wantedtoto shewanted she wanted take Children theChildren takethe totake the Children

onon vacation onvacation starting vacationstarting Christmas startingChristmas Eve. ChristmasEve. Eve.

361. 361. 361 . Father Father testified Fathertestified thatone testifiedthat that oneofof one Childrenput theChildren ofthe the Children putonon put ChristmasList hisChristmas onhis his Christmas Listfor List for his parents hisparents forhis parents

nototobreak not up. breakup. up.

362. 362. Father 362. Father testifiedthat Fathertestified testified that toldthe hetold thathehe told Childrenthat theChildren the Children thathehe that notwant didnot hedid did not thisand wantthis want this and Children theChildren andthe the Children

did did not didnot want notwant this. wanthis. this.

363. 363. Father 363. Father testified thathehe testifiedthat Fathertestified that asked the Children anyofof ifany Childrenif if theChildren askedthe heasked any of thekids’ the the kids' friends whose friendswhose kids'friends whose

parents parents were parentswere sothat divorced,soso weredivorced, divorced, haveother wouldhave kidswould thekids thatthethe that kids would have otherpeople other totalk peopletoto people talk to. talkto.to.

3333 364. 364. 364. Father admitted admitted he Father admitted Father he makes comments comments that makes comments he makes that their their friends that their friends or friends or baseball or baseball teammates teammates baseball teammates

missed missed them missed them on them on certain on certain occasions. certain occasions. occasions.

365. 365. Father said Father said the the kids kids have have been been playing playing baseball since playing baseball since they they were four they were four and and two two

years years old. years old. old.

366. 366. 366. Father Father testified Father testified that testified that he has never has never he has that he called called the never called the children the children losers. children losers. losers.

367. 367. 367. Father testified Mother that Mother testified that Father testified Father that interferes interferes with Mother interferes with the withthe calls. phone calls. the phone calls.

368. 368. 368. Father said said Mother Father said Father Mother has Mother has attended almost no almostno attended almost has attended activities activities in no activities in Delaware in Delaware County Delaware County that that County that

involve involve the involvethe Children. the Children. Children.

369. 369. Fathertestified Father testified that thathe heknows knows where whereMother Motherisis because becausewhen whenthe the children children call call

their their mother will ask about the aboutthe askabout will ask they will motherthey theirmother they or dogor thedog otherwise orotherwise make makeitititclear otherwisemake clear where clearwhere Mother whereMother is. Motheris. is.

370. 370. Fathertestified Father testifiedthat thathe heisiscoaching coaching coachingatatsports sports eventsand sportsevents andnot notininaaposition positiontotostalk stalkor or

harass harass her. harassher. her.

371. 371. 371. Father Father testified Mother thatMother testifiedthat Fathertestified that has recorded him recordedhim hasrecorded Motherhas himatat sporting atsporting events yelling, eventsyelling, sportingevents "50 feet "50feet yelling,“50 feet

John, John, 50 John,50 feet 50feet John." feetJohn.” John."

372. 372. 372. Father Fathertestified Father testified that testifiedthat on the occasion occasionofof theoccasion onthe thaton his ofhis sitting hissitting near Mother Motheratat nearMother sittingnear ata aachild’s child's child's

basketball basketballgame, basketball there game,there were wereonly therewere only bleachers on onone bleacherson onlybleachers one side sideofof oneside the ofthe and gymand thegym only andonly three onlythree bleachers. threebleachers. bleachers.

373. Father 373. Fathertestified testifiedthat thathehesigned theChildren signedthe Childrenup up forbaseball upfor baseballbecause becausethe thechildren children

always loved alwaysloved always baseball lovedbaseball and andhehe baseballand wanted wantedtoto hewanted maintain tomaintain normalcy maintainnormalcy and normalcyand consistency. andconsistency. consistency.

374. Father 374. Fathertestified testifiedthat thatduring duringtournament tournamentseason, season,sometimes sometimesthere theremight mightbebeseveral several

baseball baseball gamesonon games baseballgames ona aagiven given weekend givenweekend day. weekendday. day.

375. Father 375. Fatheradmitted admittedthat thathehehas hasdiscussed discussedthe thelitigation withthe litigationwith theChildren. Children.

376. Father Fathertestified 376. Father 376. testified that thatthe testifiedthat the Children would wouldoccasionally Childrenwould theChildren occasionally visit occasionallyvisit New NewJersey visitNew Jersey but Jerseybut that that butthat

Motherchose Mother chosetotogogototoschool schoolhere, here,work workhere, here,and andnow nowshe shehas haschanged changedher hermind. mind.

3434 377. 377. 377. Father testified Father testified Father that testified that he that he has he has not has not missed not missed any missed any of scheduled his scheduled of his any of his weekends. scheduled weekends. weekends.

378. 378. 378. Father testified Father testified Father that testified that there that there there are are three are three bedrooms, three bedrooms, and bedrooms, and that occasionally and that that his parents occasionally his occasionally his parents parents

sleep sleep in separate in separate sleep in bedrooms, during bedrooms, during separate bedrooms, which during which time which time the time the have Children have the Children Children different have different sleeping different sleeping sleeping

arrangements. arrangements. arrangements.

379. 379. 379. Father Father testified Father testified that testified that Mother thatMother stays Mother stays withthe with stays with the children inin children the children one-bedroom in aaa one-bedroom apartment in one-bedroom apartment apartment in in

New New Jersey. New Jersey. Jersey.

380. 380. 380. Father Fathertestified Father testified that testifiedthat he thathe enrolled he enrolled the enrolledthe child inin child thechild in aaapublic public schooljust school public school to get justtoto just information get information get information

for for his forhis IEP. hisIEP. IEP.

381. 3 81. 381. Father Father testified Fathertestified thatifif that testifiedthat Sacred ifSacred Heartcould SacredHeart Heart could accommodatethe notaccommodate couldnot not accommodate theIEP, the IEP,they IEP, they might theymight might

attend attend the attendthe public thepublic school publicschool district schooldistrict here. districthere. here.

382. 382. 382. Father Fathertestified Father testified thathehe that testifiedthat would hewould trytoto try wouldtry themarital affordthe toafford afford the maritalhome marital home but could hecould ifhe thatifif butthat homebut that he could

not,hehe not, not, would hewould trytoto try wouldtry nearby buyaaanearby buy tobuy property nearbyproperty based onassets basedonon propertybased assetsfrom assets fromequitable from distribution,other equitabledistribution, equitable distribution, other other

savingshehe savings savings and has,and hehas, has, help andhelp from helpfrom family fromfamily and familyand friends. andfriends. friends.

383. Father 383. 383. Father testified Fathertestified that testifiedthat believesexperience hebelieves thathehe believes lotofof experiencea aalot experience lot anxietyand ofanxiety anxiety and beenput havebeen andhave have been ina aa putinin put

toughposition tough tough positiontoto position pick topick between pickbetween their betweentheir andfather. motherand theirmother mother and father. father.

384. 384. Father 384. Father testified Fathertestified testifiedthat that hasbeen hehas thathehe has involvedinin beeninvolved been involved thechildren’s inthe the children'stherapy children's therapyand therapy was thatit ititwas andthat and that was

originally originally scheduled originallyscheduled for scheduledfor Wednesdays. forWednesdays. Wednesdays.

385. Fathertestified 385. Father testifiedthat thathehebelieves believesthe thechildren childrenneed needsomeone someonetototalk talkto,to,and andthat thathehe

does thinktherapy nothink doesnot therapyis isdumb. dumb.

386. Fathertestified 386. Father 386. Father testifiedthat testified that thetherapy thatthe the beencontrolled hasbeen has therapyhas been controlledbyby controlled therapists thetherapists thatthe Mother,that byMother, Mother, that the therapists

dodonot reachout notreach outotohim, andhehewonders him,and wonderswhy therapisthas thetherapist whythe therapist hastold toldhim himthings thingsare aregoing goingwell well

when when seemsthe itseems whenit it seems Childrenareare theChildren the Children areupset. upset. upset.

387. Father 387. Fathertestified testifiedthat that“Miss "MissA”A"is isomeone someonehehelikes. likes.

3535 388. 388. 388. Exs. P-33 Exs. P-33 Exs. and P-33 and P-34 and P-34 are P-34 are handwritten are handwritten letters handwritten letters from letters from the parties’ from the the parties' oldest two oldest parties' oldest two children two children children

stating stating they stating they want they want to want to relocate to relocate to relocate to New to New Jersey. New Jersey. Jersey.

389. 389. 389. Father Father testified Father testified that testified that he isis he that he quick is quick to anger to anger quick to but also but also anger but quick also quick to to calm quick to calm down. calm down. down.

390. 390. 390. Father testified Father testified Father that he testified that that he believed he believed the believed the Children the Children were Children were being were being coached, one that one and that coached, and being coached, and that one

example isis example example how is how the how the Children the Children told Children told the told the Evaluator the Evaluator that Evaluator that Father that Father but yells, but Father yells, yells, Mother but Mother raises her only raises Mother only only raises her her

voice. voice. voice.

391. 391. 391. Father Father admitted Fatheradmitted that admittedthat his thathis feelings his feelings that he isis he thathe feelingsthat being is being alienated alienated from being alienated from his and children and his children from his children and

that that the thatthe civil thecivil system civil system isworking systemisis working against workingagainst him isis againsthim him frustrating. isfrustrating. frustrating.

392. 392. 392. The The keytoto key Thekey any toany custody anycustody trial custodytrial is:What trial is: is: What isinin Whatisis thebest inthe the bestinterests best interests of Children? theChildren? ofthe interestsof the Children?

393. 393. 393. InIn 2010,the In2010, 2010, the Pennsylvania thePennsylvania General PennsylvaniaGeneral Assembly GeneralAssembly passedcomprehensive Assemblypassed passed custody comprehensivecustody comprehensive custody

legislation specified thatspecified legislationthat legislation that factorsaaacourt factors specifiedfactors court mustconsider courtmust must consider whendetermining considerwhen when whatisis determiningwhat determining what isbest best for child, foraaachild, bestfor child,

which has whichhas which been hasbeen recently beenrecently updated recentlyupdated following updatedfollowing enactmentofof theenactment the followingthe enactment of“Kayden’s Law." "Kayden'sLaw.” "Kayden's Law."

394. 394. 394. This Thismatter This matterisis matter therefore istherefore governedbyby thereforegoverned governed 23Pa. by2323 Pa. C.S.§ $$5329(a), Pa.C.S. C.S. 5329(a), interest bestinterest thebest 5329(a),the the best interest

factors factorswhich factors which applytoto apply whichapply disputes todisputes relating relatingtoto disputesrelating child custody matters. See custodymatters. childcustody tochild matters. •M.P., E.D.v.v. SeeE.D. M.P.,3333 M.P., A.3 73, A.3d73, 33A.3d 73,

8080 (Pa. 80(Pa. Super. (Pa.Super. 2011). Super.2011). 2011).

395. 395. This 395. This matter Thismatter alsogoverned isalso matterisis also governedbyby governed 23Pa. by2323 Pa. C.S.§ $§5337(h), Pa.C.S. C.S. whichapply 5337(h),which 5337(h), which todisputes applytoto apply disputes disputes

regardingtoto regarding regarding relocation torelocation matters. relocationmatters. matters.

396. TheCourt 396. The Courtfinds findsthat thatit ithas jurisdictionover hasjurisdiction jurisdiction overthis thismatter matterasasFather residesinin Fatheresides

DelawareCounty, Delaware County,Pennsylvania thisCourt andthis Pennsylvaniaand Courthas previouslymade haspreviously previously madechild childcustody custody

determinations. determinations. 23Pa. See2323 determinations.See See C.S.§ §$5421-22. Pa.C.S. Pa. C.S. 5421-22. 5421-22.

397. Pennsylvania 397. 397. Pennsylvania lawprovides Pennsylvanialaw law provides that,inin providesthat, that, inweighing the weighingthe factors, "noparty factors,“no thefactors, "no partyshall party receive shallreceive shall receive

preference preference preferencebased genderininany upongender basedupon upon gender anyaward any awardgranted underthis grantedunder chapter."2323Pa.Pa.C.S. thischapter.” chapter." 5328(6). C.S.§ §5328(b). 5328(b).

398. “The 398. "TheCustody onlythat requiresonly Actrequires CustodyAct requires only that thetrial the trialcourt courtarticulate articulatethethereasons reasonsforforitsits

3636 custody custody decision there .... there decision .... custody decision .... is there is no is no required amount for detail for of detail amount of required amount no required of detail the for the trial the trial court's trial court’s explanation; court's explanation; all explanation; all all

that that isis that required required isis is required that the the enumerated that the is that enumerated factors factors are enumerated factors are considered and and that considered and are considered that the that the custody the custody decision decision isisis custody decision

based based on those considerations. considerations.'' M.J.M. those considerations.” on those based on M.J.M. v.v». ML.G. 63 M.L.G., 63 v. M.L.G., A.3d 63 A. 331, A.3d 331, 336 (Pa. 336 331,336 (Pa. Super. (Pa. Super. 2013) Super. 2013) (internal 2013) (internal (internal

citations citations omitted). citations omitted). omitted).

399. 399. 399. Under 23 Pa. 23 Pa. Under 23 Under C.S. §$§ 5328, C.S. Pa. C.S. 5328, Factors 5328, Factors to Factors to consider to consider when consider when awarding when awarding custody: awarding custody: "In custody: “In

ordering ordering any ordering any form the court custody, the ofcustody, form of any form of custody, the court shal determine shallI determine court shall the determine the best the best interest best interest of interest of the ofthe child the child by child by by

considering considering all considering all relevant all relevant factors, relevant factors, giving factors, giving substantial weighted considerationtoto weighted consideration substantial weighted giving substantial consideration those to those the thosethe factors the factors factors

specified specified under (2), (2.1) (1), (2), paragraphs (1), under paragraphs specifiedunder paragraphs (1), (2), (2.1) and (2.2) affectthe which affect (2.2) which and (2.2) (2.1) and which affect the safety the safety of safetyof the ofthe child child ... the child. .

400. 400. 400. "After considering the under factors under thefactors consideringthe "Afterconsidering “After factors section under section 5328(a)(2), ifif 5328(a)(2), section5328(a)(2), the ifthe court thecourt finds courtfinds that findsthat that

there thereisis there an isan ongoing risk riskof ongoingrisk an ongoing of harm harmtoto ofharm the or childor thechild tothe child an abused abusedparty an abused oran party and andawards partyand awards any awardsany form anyform of formof custody ofcustody custody

toto toaaaparty party who committed the abuse or who orwho abuseor theabuse committedthe whocommitted partywho has household hasaaahousehold whohas member householdmember who memberwho committed whocommitted the committedthe abuse, theabuse, abuse,

the the court shall include includeinin shallinclude courtshall thecourt the custody custodyorder thecustody inthe order safety safetyconditions ordersafety conditions designed designedtoto conditionsdesigned protect toprotect the protectthe child childoror thechild the orthe the

abused abused party." abusedparty.” 23 party." 23 Pa. 23Pa. C.S. §§$5323(e). C.S. Pa.C.S. 5323(e). 5323(e).

401. 401. 401. The Theparty The party proposing partyproposing the proposingthe relocation therelocation has the burden theburden hasthe relocationhas of ofestablishing burdenof establishing that establishingthat the thatthe the

relocation will serve the servethe willserve relocationwill relocation best interest interestofof bestinterest thebest the thechildren ofthe children childrenasas shown asshown under the thebest underthe shownunder best interest bestinterest factors. interestfactors. Id. Id. factors. Id.

§ §§5337(i). 5337(i). 5337(i).

CUSTODYFACTOR CUSTODY FACTORANALYSIS ANALYSIS PURSUANT TO 23 Pa, C.S. $ $5328(a)(D-(16) PURSUANT TO 23 Pa. Pa. C.S. 5328(a)(1016) 5328(a)01-(16)

InIn ordering Inordering any orderingany form formofof anyform custody,the ofcustody, custody, the Court shall shalldetermine Courtshall theCourt determine the thebest determinethe best interests interestsofof bestinterests the the ofthe

child childby child by consideringallall considering byconsidering relevant factors, considering factors,considering relevantfactors, allrelevant those thosefactors consideringthose factors which whichaffect factorswhich affect the affectthe safety safetyofof thesafety of

the child childasas thechild the set setforth asset forth forthinin in2323 Pa. 23Pa. C.S. Pa.C.S. 5328(a). C.S.§ §$5328(a). See 5328a). See C.M.K. C.M.K.v.• SeeC.M.K. K.E.M., K.E.M.,4545 •K.E.M., A.3d 417, A.3d417, 45A.3d 421 417,421 (Pa. 421(Pa. (Pa.

Super. Super.2012). Super. 2012). Father 2012).Father seeks Fatherseeks partial seekspartial physical physicalcustody partialphysical custody custodyinin the form formofof theform inthe every otherweekend. everyother ofevery other weekend. weekend.

1.1. 1. Which partyisis Whichparty Which more ismore likelytoto likely morelikely ensure toensure the ensurethe safetyofof safety thesafety the ofthe child. child.2323 thechild. Pa. 23Pa. C.S. Pa.C.S. C.S. § §$5328(a)(1). 5328(a)(l). 5328(a)(1).

3737 37 Mother testified testified and Mother testified Mother and the custody the custody and the Evaluator custody Evaluator reported Evaluator reported that Mother's that Mother’s reported that New proposed New Mother's proposed Jersey New Jersey Jersey

residence residence isis residence in in excellent is in excellent condition. See Ex. C-1 Ex. C-l See Ex. condition. See excellent condition. 9-10. at 9-10. C-1 at Likewise, 9-10. Likewise, Father Likewise, Father testified Father testified that testified that he that he he

intends intends to try try to to try intends to to afford marital home and, home and, marital home the marital afford the to afford the if not, not, would ifnot, and, if would seek seek to would seek to purchase aaa new purchase to purchase new home new home using home using using

proceeds proceeds from from equitable proceeds from distribution equitable distribution and financial financial assistance and financial distribution and assistance from assistance from friends friends and from friends and family. Moreover, and family. Moreover, Moreover,

Father Father testified, Father testified, and testified, and the the custody and the custody Evaluator custody Evaluator that reported that Evaluator reported Father's that Father’s current Father's current residence residence isis current residence is inin excellent excellent in excellent

condition. See condition. See Ex. C-l See Ex. C-1 atat 10. 10. In In addition, addition, both both parties parties testified that parties testified that the the PFAs PFAs pursued pursued against pursued against against

Father were were withdrawn/dismissed Fatherwere Father withdrawn/dismissed and that and that withdrawn/dismissed and the the CYS thatthe CYS investigations CYS investigations into Father's into Father’s investigations into suspected Father's suspected abuse abuse suspected abuse

ofthe of the Children Childrenwere were determined determinedtoto be be unfounded. unfounded.

This This factor This factor favors factorfavors no favors no party. noparty.

2.2. 2. The Thepresent The present and past pastabuse and past presentand abuse committed committed by abusecommitted by byaaa party or partyor member memberof ormember of the ofthe party's theparty’s party's household, whether there is a continued risk of harm to the child or an abused household, whether there is a continued risk of harm to the child or an abused party and household, whether there is a continued risk of harm to the child or an abused party and and which party can better provide adequate physical safeguards and supervision which party can better provide adequate physical safeguards and supervision of the child which can better provide adequate physical safeguards and supervision of of the the child child which whichmay which may include mayinclude past includepast or pastor current orcurrent protection from abuse abuseor fromabuse protectionfrom currentprotection or sexual orsexual violence sexualviolence protection violenceprotection protection orders orders wherethere orderswhere where there has beenaaafinding hasbeen therehas been of findingof abuse. ofabuse. 23 abuse.23 Pa. 23Pa. C.S. C.S.§§5328(a)(2). Pa.C.S. 5328(a)(2). 5328(a)(2).

Both Both Mother and andFather Motherand BothMother Father testified testifiedtoto Fathertestified the multiple themultiple tothe filed PFA filedPFA multiplefiled orders ordersand PFAorders and CYS andCYS investigations CYSinvestigations

whichwere which wereall allwithdrawn/dismissed withdrawn/dismissedorordeclared declaredunfounded, unfounded,respectively. respectively. respectively.

This This factor Thisfactor favors factorfavors no noparty. favorsno party.

2.1 2.1 The 2.1 The information Theinformation set forth forthinin setforth informationset section section5329.1(a) insection 5329.1(a) (relatingtoto (relating 5329.1(a)(relating consideration considerationofof toconsideration of child abuse and involvement with involvementwith andinvolvement abuseand childabuse child protective withprotective services). services). 2323 protectiveservices). Pa. 23Pa. C.S.§ §§5328(a)(2.1). C.S. Pa.C.S. 5328(a)(2.1). 5328(a)(2.1).

Mother Mother and Motherand Father andFather testified testifiedtoto Fathertestified the tothe existence existenceofof theexistence multiple ofmultiple CYS investigations CYSinvestigations multipleCYS into investigationsinto suspected intosuspected

abusecommitted abuse committedbyby Father;however, byFather; however,allallthe theinvestigations investigationswere weredetermined determinedtotobebeunfounded. unfounded.

the Additionally,the Additionally, custody thecustody Evaluator Evaluatoracknowledged custodyEvaluator acknowledged these investigations investigationsand theseinvestigations acknowledgedthese and their theiroutcome andtheir outcome outcomeinin the the inthe

custody custody evaluation. custodyevaluation. See evaluation.See Ex. SeeEx. C-1 C-1atat Ex.C-l 23. at23. 23.

This This factor Thisfactor favors favorsnono factorfavors party. noparty. party.

3838 38 a. a. Violent or Violent or assaultive assaultive behavior behavior committed committed by by aa party. 23 Pa party. 23 Pa. C C.S. §$ 5328(a)(2.2). § 5328(a)02.2). 5328(a)(2.2).

Both Mother Both Mother and and Father Father testified testified to to the the multiple PF As against multiple PFAs Father and against Father and CYS CYS

investigations into investigations into Father’s Father's alleged abuse. Likewise, alleged abuse. Likewise, both both parties testified that parties testified that the the PFAs PF As were were

withdrawn or withdrawn or dismissed dismissed and and that that the the CYS CYS investigations were determined investigations were determined to to be be unfounded. unfounded.

Whilethe While the Children Children did didreference reference instances instances of ofalleged violent or allegedviolent orassaultive assaultive behavior behavior by Father, byFather,

theirsuspected their coachingrenders suspected coaching renderstheir theirtestimony testimonyminimally minimallyprobative. probative.

Thisfactor This factorfavors favorsno noparty. party.

b.b. Whichparty Which partyisismore morelikely likelytotoencourage encourage encourageandandpermit permit frequent permitfrequent frequentandandcontinuing continuing continuing contact between the child and another contact between the child and another party if contact is consistent withthe partyif contact is consistent with party the safety safety needs safetyneeds of needsof the ofthe child. thechild. 23 child.23 23Pa.Pa. C.S. C.S.§§5328(a)(2.3). Pa.C.S. 5328(a)(2.3).

Mothertestified Mother testifiedthat thatshe shestrenuously adherestotothe strenuouslyadheres theletter letterofofthe theexisting existingcustody order custodyorder

anddoes and doesnot notgrant Fatherany grantFather additionalcontact anyadditional contactwith withthe theChildren Childrenoutside outsideofofthe theorder. order.

Similarly, Fathertestified Similarly,Father testifiedthat thatMother Motherroutinely andrepeatedly routinelyand refusestotogrant repeatedlyrefuses Fatherany grantFather any

additionaltime additional timewith withthe theChildren, Children,even evenwhen whendoing doingsosowould wouldbebemore moreconvenient convenientororefficient efficientfor for

bothparties. both Likewise,Father parties. Likewise, Fathertestified testifiedthat thatMother Mothergenerally generallyprohibits theChildren prohibitsthe Childrenfrom from

engagingininany engaging socializationactivities anysocialization activitiesininPennsylvania. Pennsylvania.Indeed, Indeed,Mother Mothertestified testifiedthat thatshe shespends spends

mostofofher most timeininNew hertime NewJersey. GivenMother’s Jersey.Given Mother'shistory historyofofobstinance obstinanceand andrefusal refusaltoto

compromisewith compromise requestsbybyFather withrequests Fatherand andFather’s expresseddesire Father'sexpressed desireforforsplit splitequal custody,thethe equalcustody,

Courtfinds Court findsthat thatFather Fatheris ismore morelikely likelytotoencourage encourageand andpermit andcontinuing frequentand permitfrequent continuingcontact contact

betweenthetheChildren between Childrenand andMother. Mother.

Thisfactor This factorslightly slightlyfavors Father. favorsFather.

3939 3. 3. The parental The parental duties duties performed performed by each party by each on behalf party on behalf of of the the child. child. 23 23 Pa. Pa. C.S. § C.S. § 5328(a)(3). 5328(a)(3).

Mother testified Mother testified that that she performs typical she performs typical parental parental responsibilities responsibilities when when the the Children Children are are

in her in her custody. custody. To To that that end, end, Mother Mothertestified testified she she has has gone so far gone so far as as to to secure secure housing and housing and

education for education forthe the Children Children ininNew New Jersey. Jersey. Likewise, Likewise, Father Father also also testified testified that that he he performs performs

typical parental responsibilities typicalparental whenthe responsibilities when the Children Children are are inin his his custody, custody, including includingsupporting and supportingand

coachingthe coaching theChildren’s Children'svarious variousyouth youthsports endeavors. Indeed, sports endeavors. Indeed,Father Fathertestified testifiedthat thathe hebelieves believes

Mothertotobe Mother beaa“great "greatmother.” mother." However, However,the theterms termsof ofthe thecurrent currentcustody custodyarrangement arrangement

neverthelessmean nevertheless meanthat thatMother Motherperforms moreparental performsmore parentalresponsibilities thanFather responsibilitiesthan Fatheratatthis thistime. time.

Thisfactor This factorslightly favorsMother. slightlyfavors Mother.

4.4. Theneed The needfor stabilityand forstability continuityininthe andcontinuity thechild’s child'seducation, life familylife education,family life and and communitylife, community life,except exceptififchanges changesarearenecessary necessarytotoprotect thesafety protectthe safetyofofthe thechild childorora aparty. party. 2323Pa. C.S.§ §5328(a)(4). Pa.C.S. 5328(a)(4).

Mothertestified Mother testifiedthat thatshe shecurrently currentlyspends mostofofher spendsmost hertime timeininNew NewJersey, Jersey,including including

whenthe when theChildren Childrenare areininher hercustody. custody. Consequently, theChildren Consequently,the Childrensimilarly similarlyspend mostofoftheir spendmost their

timeininNew time NewJersey andhave Jerseyand haveestablished establishedsocial socialrelations relationsthere, there,such suchasastheir theirparticipation participationinin

summercamp. summer However,asasboth camp.However, bothparties testified,the partiestestified, theChildren Childrenwere wereborn bornand andraised raisedinin

Pennsylvania wherethey Pennsylvaniawhere havelived theyhave formost livedfor mostofoftheir theirlives. lives.AsAsa aresult, result,they theystill stillpossess possess

considerableeducational, considerable educational,family, andcommunity family,and communityconnections connectionsininPennsylvania. Pennsylvania.Nevertheless, Nevertheless,

giventhe given thetime elapsedsince timeelapsed sincethe theestablishment establishmentofof thecurrent the currentcustody custodyarrangement, arrangement,a asignificant significant

modificationwould modification wouldlikely constitutea disruption likelyconstitute a disruptiontotothetheChildren’s Children'sstability stabilityand andcontinuity continuityin in

theireducation, their education,family, family,and andcommunity communitylife. life.

Thisfactor This factor favors favors Mother. Mother.

4040 5. 5. 5. The The availability The availability of availability of extended of extended extended family. family. Pa. 23 Pa. family. 23 23 C.S. C.S. §§$ 5328(a)(5). Pa. C.S. 5328(a)(5). 5328(a)5).

Mother testified Mother Mothei testified that she testified that that she maintains she maintains and close and maintains close close continuing and continuing with contact with contact continuing contact her with her extended her extended family extended family family

who primarily who primarily who reside primarily reside in reside in New Jersey. in New New Jersey. Father Jersey. Father testified Father testified he testified he maintains he maintains similar maintains similar close similar close and close and continuing and continuing continuing

contact with contact with contact his with his extended his extended family extended family in family in Pennsylvania. in Pennsylvania. In particular, Pennsylvania. In particular, Father testified Father testified particular, Father he presently that he testified that that he presently presently

lives with lives with Jives his with his his parents, parents, and parents, and that and that his that his brother, his brother, his brother, his uncle's family, his uncle’s uncle's family, and the and family, and the Children's the Children’s godparents live Children's godparents godparents live live

near near the nearthe marital the marital home inin home marital home Pennsylvania. inPennsylvania. Pennsylvania.

This This factor This factor favors factorfavors noparty. favorsno no party. party.

6.6. 6. The The child's Thechild’s sibling child'ssibling relationships. siblingrelationships. 23 relationships. 23 Pa. 23Pa. C.S. C.S. §$§5328(a)(2). Pa. C.S. 5328(a)(2). 5328(a)(2).

Although Although the Althoughthe Children theChildren werenervous Childrenwere were and nervousand nervous stressed andstressed when stressedwhen whenspeaking theCourt, withthe speakingwith speaking with the Court,they Court, they they

generallyappeared generally generally appearedtoto appeared possess topossess healthy possesshealthy and andnormal healthyand normalsibling normal sibling relationships. Moreover, siblingrelationships. relationships. Moreover, noparty Moreover,no no party party

testified testified astoto testifiedasas any toany issues issuesbetween anyissues between the betweenthe Children, theChildren, and Children,and thecustody andthe the custodyEvaluator custody Evaluator notreport didnot Evaluatordid did not reportany report any any

significant significant relationship significantrelationship issues relationshipissues between issuesbetween the betweenthe Children. theChildren. at1 C-1atat Ex.C-l SeeEx. Children. See See Ex. C-1 11. 1. 11.

This This favors factorfavors Thisfactor factor noparty. favorsno no party. party.

7.7. 7. The The well-reasonedpreference Thewell-reasoned well-reasoned preference ofthe preferenceofof thechild, the child, basedon child,based based child's thechild’s onthe on the child's developmental developmental stage, stage, maturity maturity and and judgement. judgement. 23 $ developmental stage, maturity and judgement. 23 Pa. C.S. § 5328(a)(7). 23 Pa. Pa. C.S. C.S. § 5328(a)(7). 5328(a)(7).

The Children TheChildren The testified Childrentestified that testifiedthat thathey they ratherlive wouldrather theywould would rather live with to desiretoto expresseda aadesire andexpressed Motherand withMother livewith Mother and expressed desire

relocate relocatetoto relocate New toNew Jersey. InIn Jersey. NewJersey. doingso, Indoing doing so, tosupport informationtoto volunteeredinformation Childrenvolunteered theChildren however,the so,however, however, the Children volunteered information support support

their their desire theirdesire that desirethat reflected thatreflected bothcoaching reflectedboth both byMother coachingbyby Mother andconcerning Motherand and ofinvolvement levelsofof concerninglevels concerning levels involvement the ofthe involvementofof the

Childreninin Children Children this inthis custody thiscustody matter. custodymatter. Inparticular, matter.InIn particular,two particular, two theChildren ofthe twoofof the citedtoto Childrencited Children cited their research crime ofcrime researchofof theirresearch totheir crime

statistics for statisticsfor statistics Delaware forDelaware DelawareCounty, Pennsylvaniaand Pennsylvania County,Pennsylvania andBergen and Bergen NewJersey, County,New BergenCounty, County, New Jersey,asas Jersey, evidence for evidenceforfor asevidence

their desiretotorelocate. theirdesire Similarly,the relocate.Similarly, Similarly, theChildren Childrenuncharacteristically offeredtheir uncharacteristicallyoffered negativeviews theirnegative negative views

ofof of the thequality the of qualityofof teachingand teaching educationoffered andeducation and education offeredatat offered theirschools attheir their inPennsylvania. schoolsinin schools Pennsylvania. contrast, the contrast,the Pennsylvania.InIncontrast, the

Childrenspoke Children spokeunusually andglowingly unusuallyand glowinglyofof thethequality qualityofof educationoffered education offeredbybytheir proposed theirproposed proposed

4141 new school school in new school new in New Jersey. New Jersey. in New Accordingly, Jersey. Accordingly, the Accordingly, the Children appeared Children appeared the Children to be to be appeared to coached, be coached, limiting coached, limiting the the limiting the

probative value probative probative value of value of their of their testimony. their testimony. testimony.

This This factor This factor favors factor favors no favors no party. no party. party.

8. 8. 8. The attempts attempts of The attempts The of of aaa party party party toto turn to turn the turn the child the child against child against the against the other the other party, party, except other party, except except inin in cases of domestic violence where reasonable safety measures are necessary cases of domestic violence where reasonable safety measures are necessary to protect the cases of domestic violence where reasonable safety measures are necessary to to protect protect the the child child from harm. A from harm. child from harm. A party's A party’s reasonable party's reasonable concerns concerns for reasonable concerns for the of safety of the safety for the safety the ofthe child the child and child and the and the party's the party’s party's reasonable efforts to protect the child shall not be considered attempts reasonable efforts to protect the child shall not be considered attempts to turn the child reasonable efforts to protect the child shall not be considered attempts to to turn turn the the child child against against the other party. party. AA other party. the other against the child's A child’s deficient or or negative deficient or child's deficient negative relationship relationshipwith negative relationship with with aaa party party shall party shall not shall not be notbe be presumed presumed to presumed to be caused caused by be caused to be by the other other party. the other by the party. party. 23 23 Pa. 23 Pa. C.S. 5328(a)(8). C.S. §§§ 5328(a)(8). Pa. C.S. 5328(a)(8).

Father credibly credibly testified Father credibly Father testified that Mother thatMother testified that has made has made Motherhas attempts toto attempts made attempts turn to turn the turnthe Children the Children against Children against him him againsthim

duringthis during this tumultuous tumultuous separation. separation. Even more, separation. Even more, Father Fathertestified testified that that children childrenwere were consistently consistently consistently

opposed opposedtoto opposed relocation relocation toto to relocation New toNew Jersey until until Labor Jersey until NewJersey Labor Day Day2024 LaborDay 2024 when 2024when they whenthey called theycalled Father Father inin calledFather the inthe the

presenceof presence presence of Mother, ofMother, exclaiming Mother, exclaiming that exclaimingthat they thatthey wanted wantedtoto theywanted move. tomove. Additionally, move. Additionally, when interviewed interviewedby wheninterviewed Additionally,when by by

the Court, Court,the theCourt, the the Children Childrenappeared theChildren appeared coached appearedcoached with withrespect coachedwith respecttoto inquiriesabout toinquiries inquiries about the aboutthe proposed theproposed relocation relocation proposedrelocation

and their theirapparent andtheir and apparent approval approvaland apparentapproval and andtoto Father's alleged Father'salleged toFather’s abuse. The TheChildren abuse. The allegedabuse. Children unusually Childrenunusually and freely andfreely unusuallyand freely

volunteeredinstances volunteered instancesof ofalleged abuseby allegedabuse by Fatherininaaatypical byFather mannerfor atypicalmanner forthe theChildren’s Children'sages and agesand

Moreover, development. Moreover, development. the Children Childrenvolunteered theChildren Moreover,the volunteered information informationregarding volunteeredinformation Father ostensibly ostensibly Fatherostensibly regardingFather

outside outsidethe outside the scopeofof scope thescope their oftheir knowledge expectedknowledge theirexpected for knowledgefor their age;inin age; theirage; fortheir particular, inparticular, the Children Childrenrecounted theChildren particular,the recounted recounted

the theparticular the particular typesofof types particulartypes alcohol by consumedby alcoholconsumed ofalcohol consumed Father, Father,including byFather, including the design thedesign includingthe designofof thecans the ofthe cans and cansand precise andprecise precise

volumes drank, drank,and volumesdrank, volumes and that Father thatFather andthat uses Fatheruses specifically usesspecifically brand Zynbrand specificallyZyn nicotine brandnicotine pouches. nicotinepouches. Father credibly Fathercredibly pouches. Father credibly

testified testified that thathehe testifiedthat has never neverabused hasnever hehas abused the Childrenand theChildren abusedthe Children and denied stronglydenied andstrongly that thathehe deniedthat abuses heabuses alcohol. abusesalcohol. alcohol.

This This factor Thisfactor favors factorfavors Father. favorsFather. Father.

9.9. 9. Which Which partyisis Whichparty more likelytoto likely morelikely ismore maintain maintaina aaloving, tomaintain loving, stable, loving,stable, consistent stable,consistent and consistentand and nurturing relationship with the child adequate for the child's emotional needs. nurturing relationship with the child adequate for the child’s emotional needs. 23 Pa. nurturing relationship with the child for the child's emotional needs. 23 23 Pa. C.S. Pa.C.S C.S. § § 5328(a)(9). $ 5328(a)(9). 5328(a)(9).

Both Bothparties Both parties can partiescan maintain maintaina aaloving, canmaintain loving, stable, stable,consistent, loving,stable, consistent, and andnurturing consistent,and relationship nurturingrelationship with relationshipwith the the withthe

children. Mother Mothertestified children.Mother children. testified she sheenrolled testifiedshe enrolled the theChildren enrolledthe Children Childreninin various invarious recreational recreationalactivities variousrecreational activities for activitiesfor the the forthe

4242 42 summer, and summer, and summer, that and that she that she takes she takes them takes them on them on trips on trips to trips to the to the New the New Jersey New Jersey shore. Jersey shore. Additionally, shore. Additionally, Father testified Father testified Additionally, Father testified

that he isis he that he that the is the coach the coach of coach of the of the Children's the Children’s youth Children's youth sports teams. youth sports sports The teams. The teams. testified Children testified The Children Children that testified that that Father Father takes Father takes takes

them to them them the pool to the to the pool over pool over the over the summer the summer in summer in addition in addition to addition to their to their sporting their sporting events. sporting events. With events. With respect With respect to their to their respect to their

emotional needs, emotional needs, emotional Mother needs, Mother testified Mother testified that testified that she that she assists she assists the assists the Children the Children with therapy. Children with with therapy. Father Father testified therapy. Father testified that testified that that

she she began toto began she began cut to cut of two of cut two two the ofthe Children's the Children’s hair atat hair Children's hair some at some some point point during point during the COVID-19 the COVID-19 during the and pandemic, and COVID-19 pandemic, pandemic, and

that he that he that speaks he speaks with speaks with them with them more about more them about about emotional more emotional subjects emotional subjects during that time that during that subjects during time time as as well others. as others. well asas as well others.

Furthermore, the Furthermore,the Furthermore, custodyEvaluator thecustody custody Evaluator reported Evaluatorreported that Mother, thatMother, reportedthat Father, Mother, Father, the Children and the Father, and and the Children demonstrated Children demonstrated demonstrated

normal and normaland normal well-functioning andwell-functioning family well-functioningfamily interactions familyinteractions during interactionsduring their respectivevirtual theirrespective duringtheir respective home virtual home virtual home

observations. observations. See observations. See Ex. SeeEx. C-1 atat C-1 Ex. C-l 11-12; at 11-12; 14- 15. 11-12; 14-15. 14-15.

This This favors factorfavors Thisfactor factor no favorsno party. noparty. party.

10. 10. 10. Which Which partyisis party Whichparty more ismore likelytoto likely morelikely attend toattend attendtoto thedaily tothe the dailyphysical, daily emotional, physical,emotional, emotional, developmental, educational and special needs of the child. 23 Pa. C.S. $ 5328(a)(10). developmental, educational and special needs of the child. 23 Pa. C.S. § 5328(a)(10). developmental, educational and special needs of the child. 23 Pa. C.S. § 5328(a)(10).

Both Bothparties Both parties are arecapable partiesare capable ofattending capableofof attending thedaily tothe attendingtoto the dailyphysical, daily physical,emotional, physical, emotional,developmental emotional, and developmentaland developmental and

educational educational needsofof needs educationalneeds the ofthe children. thechildren. Mother children. Mother Mothertestified testified sheisis thatshe testifiedthat that she iscurrently currentlytaking currently takingcare taking care thedaily ofthe careofof the daily daily

physical physicalneeds physical needsofof needs the ofthe children. thechildren. Additionally, children. Additionally, hasenrolled Motherhas Mother Additionally,Mother has enrolledthe enrolled the children of formofof someform insome childreninin thechildren some form

therapy therapy which whichshe therapywhich she assists sheassists with. Father assistswith. with. Fatherspends Father spendsasas spends timewith muchtime asmuch much time withthe with the children hecan ashehe childrenasas thechildren canbut can but does butdoes does

not not currently notcurrently provide currentlyprovide for providefor the forthe dailyneeds thedaily daily children. thechildren. ofthe needsofof needs the children.

This This factor Thisfactor slight factorslight Mother. favorsMother. slightfavors favors Mother.

11. 11. 11. The The Theproximity ofthe proximityofof theresidences the residences theparties. ofthe residencesofof the parties.2323 parties. 5328(a)(ll). C.S.§ §§5328(a)(ll). Pa.C.S. 23Pa. Pa. C.S. 5328(a)(ll).

Mother’s relocationwould Mother'srelocation approximately125 wouldbebeapproximately approximately 125miles awayfrom milesaway away fromboth bothFather’s Father'sresidence residence

and currentcommunity thecurrent andthe communityofofthe thefamily. Mother'srelocation family.Mother’s relocationis isnot necessityand nota anecessity necessity andproposed proposedonon

own herown her her accord.Moreover, ownaccord. accord. Moreover, hastestified Motherhas Moreover,Mother Mother has thatshe testifiedthat testified that sheis is she withthis comfortablewith iscomfortable comfortable with driveand thisdrive this drive andloves and loves loves

spendingtime spending timewith withthe theChildren Childrenininthe thecar. car.

This Thisfactor factorslightly slightlyfavors favorsFather. Father.

4343 12. 12. 12. Each Each party's Each party availability party's availability to availability to care to care care for for the for the child the child or child or ability to or ability ability to make to make appropriate make appropriate appropriate child-care arrangements. 23 Pa. C.S. § 5328(a)(12). child-care arrangements. 23 Pa. C.S. § 5328(a)(12). child-care arrangements. 23 Pa. C.S. § 5328(a)(12).

Both parties Both parties Both are parties are are available available to available to care to care for care for the for the Children the Children and Children and make and make appropriate make appropriate child-care child-care appropriate child-care

arrangements. arrangements. However, arrangements. However, currently Mother currently However, Mother Mother spends currently spends more more time spends more time taking time taking care taking care of now Children now the Children of the care of the Children now

due to due to due the to the current the current arrangement. custody arrangement. current custody custody arrangement.

This This factor This factor slightly factor slightly favors slightly favors Mother. favors Mother. Mother.

13. 13. 13. The The level The level of level of conflict ofconflict between conflict between the parties between the the parties parties and thewillingness and the and the willingness and ability willingness and and ofthe ability of ability of the the parties parties to parties to cooperate to cooperate with with one one another. another. A party's party's effort cooperatewith one another. A party’s effort to protect A effort to to protect a a child or self from abuse protecta child or self from abuse child or self from abuse by by another by another another party party not is not partyisis evidenceof notevidence evidence of unwillingness ofunwillingness unwillingness oror inability orinability to cooperate inability toto cooperatewith cooperate with that with thatparty that party. party. 23 23 Pa. 23Pa. C.S. §§§ 5328(a)(13). C.S. Pa. C.S. 5328(a)(l3). 5328(a)(13).

Bothparties Both Both parties testifiedtoto testified partiestestified significant tosignificant animosity significantanimosity between betweeneach animositybetween each other. Bothparties other. Both eachother. Both testified partiestestified parties testified

that thecurrent thatthe that the current co-parenting currentco-parenting efforts co-parentingefforts areunsuccessful. effortsare are testifiedthat Fathertestified unsuccessful. Father unsuccessful. Father testified thatMother that Mother does want notwant doesnot Motherdoes not want

toto cooperate tocooperate with cooperatewith any withany form formof anyform of co-parenting. ofco-parenting. Fathercredibly Father co-parenting. Father crediblytestified credibly testified tomultiple testifiedtoto multipleinstances multiple instances where instanceswhere where

Mother denied Motherdenied Mother reasonable deniedreasonable reasonablerequests requests from requestsfrom Father fromFather anyform destroyingany Fatherdestroying destroying any form the betweenthe cooperationbetween ofcooperation formofof cooperation between the

parties. parties. Mother testifies Mothertestifies parties. Mother that testifiesthat she thatshe does shedoes not doesnot denythese notdeny deny thesecompromises these shestrictly insteadshe compromisesinstead compromises instead she strictlyadheres strictly adheres to adherestoto

the the current thecurrent custody currentcustody arrangement. custodyarrangement. arrangement.

This This factor Thisfactor favors factorfavors Father. favorsFather. Father.

14. 14. 14. TheThe historyofof history Thehistory ofdrug drug alcoholabuse oralcohol drugoror alcohol ofa aaparty abuseofof abuse party ofa aaparty’s memberofof ormember partyoror member party's party's household. 23 Pa. C.S. § 5328(a)(14). household. 23 Pa. C.S. § 5328(a)(14). household. 23 Pa. C.S. § 5328(a)(14).

Mother Mother testified Mothertestified thatFather testifiedthat that Father hasa aahistory has Fatherhas history withalcohol historywith with Thecustody abuse. The alcoholabuse. alcohol abuse. The custodyEvaluator custody Evaluator also Evaluatoralso also

testified Fatherseemed thatFather testifiedthat seemeddefensive defensivearound aroundthe theallegations allegationsofofalcohol alcoholabuse. abuse.Additionally, Additionally,allall

threeChildren three Childrentestified testifiedasastotosome someinstances instancesofofthis thisoveruse. overuse.Father Fathertestified testifiedvehemently vehementlydenying denying

thathehe that that abuses heabuses abusesalcohol. alcohol. Fatherdid However,Father alcohol.However, However, Father testifythat didtestify did testify thathehe that undergoinga aa beforeundergoing daysbefore 97days waited9797 hewaited waited days before undergoing

court ordereddrug courtordered court ordered drugand drug and alcoholtest andalcohol alcohol testwhich test losesefficacy whichloses which loses efficacy 90days after9090 efficacyafter after daysfrom days from last fromlast consumption. lastconsumption. consumption.

This factorslightly Thisfactor This factor Mother. favorsMother. slightlyfavors favors Mother.

44 4444 15. 15. 15. The physical and physical mental and The mental The mental and condition physical condition of of aaa party condition of party or party or member or member of of aaa party’s member of party's party's household. 23 Pa. C.S. household. 23 Pa. C.S. § 5328(a)(15). household. 23 Pa. C.S. § $ 5328(a)(15). 5328(a)015).

Both parties parties testified Both parties Both testified that the that the testified that mental the mental or mental or physical or physical conditions physical conditions of conditions of the ofthe other the other party other party were were not party were not at at not at

risk risk in risk in this in this case. this case. case.

This This factor This factor favors factor favors no favors no party. no party, party.

16. 16. 16. Any Any other other relevant Any other relevant factor. relevant factor. 23 factor. 23 Pa. 23 Pa. C.S. §$$ 5328(a)(16). C.S. Pa. C.S. 5328(a)(16). 5328(a)(16).

The The Court The Court does Court does not does not find not find any find any other any other factor other factor relevant. factor relevant. relevant.

This This factor This factor favors factorfavors no favors no party. no party. party.

RELOCATION RELOCATION FACTOR FACTORANALYSIS RELOCATIONFACTOR ANALYSIS ANALYSIS PURSUANT PURSUANT TO PURSUANT TO 23 TO 23 Pa. 23Pa, C.S. Pa. C.S. § 5337(h){l)-{10) C.S. $$5337(h)(D-(10) 53370)0D) (10)

1.1. Thenature, The nature,quality, extentof quality,extent ofinvolvement involvementand andduration durationof ofthe thechild’s child's relationshipwith relationship with the party proposing partyproposing theparty withthe proposingtoto relocate and relocateand torelocate with andwith the withthe nonrelocating thenonrelocating party, nonrelocatingparty, sibling party,sibling sibling and and other othersignificant andother personsinin significantpersons significant the inthe child's thechild’s life. child'slife. life. Both Bothparties Both parties are partiesare the thebiological arethe biological parents of ofthe parentsof biologicalparents the Children, theChildren, and Children,and both testified testifiedthat bothtestified andboth that they thatthey have have theyhave

been been caring for forand caringfor beencaring and involved involvedinin andinvolved inthe the Children's theChildren’s lives since sincebirth. livessince Children'slives birth. Further, birth. Further, priortoto prior Further,prior Mother toMother and Motherand and

Father's Father’s divorce, cohabitated partiescohabitated bothparties divorce,both Father'sdivorce, both parties and cohabitatedand lived andlived with livedwith the withthe Children. theChildren. Following Children. Following the Followingthe the

establishment establishmentofof establishment the current thecurrent ofthe custody currentcustody arrangement, custodyarrangement, both arrangement,both parties bothparties have partieshave maintained havemaintained their maintainedtheir respective theirrespective respective

parental parental responsibilities parentalresponsibilities andrelationships responsibilitiesand relationships withthe relationshipswith theChildren. Children.

Thisfactor This factorfavors favorsnonoparty. party. party.

2.2. 2. The Theage, The age, developmental age,developmental stage, developmentalstage, needs needsofof stage,needs the child thechild ofthe and andthe childand the likely likelyimpact thelikely the impactthe the relocationwill relocation willhave haveononthe thechild’s child'sphysical, physical, educationaland physical,educational andemotional emotionaldevelopment, development, taking development,taking into into consideration considerationany intoconsideration anyspecial needs needsofof specialneeds special the ofthe child. thechild. child.

TheChildren The Childrenare arerelatively relativelyyoung, being young,being ages eleven,nine, ageseleven, beingages nine,and andsix, six,respectively. SeeEx. respectively.See Ex.

C-l 10-11.Mother C-1atat10-11. Mothertestified testifiedthat thatone oneofofthe theChildren Childrenhas hasa alearning learning disabilityand learningdisability andqualifies qualifiesfor for

special needseducation. specialneeds education.Mother Mothertestified testifiedthat thatshe shehas hasentered enteredananagreement agreement agreementotopurchase purchasea afour- four-

4545 45 bedroom, three-bathroom bedroom, bedroom, three-bathroom home three-bathroom home in home in Bergen in County, New Bergen County, Bergen County, New Jersey. New In addition, Jersey. In Jersey. In addition, the addition, the custody the custody

Evaluator reported Evaluator Evaluator reported that reported that the that the proposed the proposed relocation proposed relocation residence is relocation residence residence is in is in excellent in excellent condition excellent condition whereas condition whereas the whereas the the

marital home marital marital home isis home is inin poor in poor to poor to fair to fair condition. fair condition. See condition. See Ex. See Ex. C-l Ex. C-1 at C-1 at 9-10. at 9-10. Moreover, 9-10. Moreover, Mother Moreover, Mother testified Mother testified that testified that that

her new her her new employment new employment in employment in New in New Jersey New Jersey raised Jersey raised her raised her salary her by approximately salary by salary by $9,000 and approximately $9,000 approximately $9,000 and that and that school that school school

principals and/or principals principals and/or administrators and/or administrators in administrators in Bergen in Bergen County, Bergen County, New Jersey County, New New Jersey make more Jersey make make more money more than those money than money than those in those in in

Pennsylvania. Mother Pennsylvania. Pennsylvania. Mother also Mother also testified also testified that testified that most that most of most of her of her extended her extended family extended family resides family resides in resides in New in New Jersey. New Jersey. Jersey.

Furthermore, despite Furthermore, Furthermore, despite the apparent despite the the apparent coaching apparent coaching ofthe coaching of of the Children the Children by Children by Mother, by Mother, the Mother, the Children the Children do Children do seem do seem to seem to to

possess possess some some desire desire to to relocate relocate to to New New Jersey. Jersey. Given Given the quality of the quality quality ofthe proposed the proposed proposed relocation relocation

home and home home and the and the quality the quality ofeducation quality of of education offered education offered by offered by schools by schools inin schools in Bergen County, New Bergen County, Bergen County, New Jersey, New the Jersey, the Jersey, the

relocation relocation would would likely likely have positive impact have aa positive positive impact on impact on the physical, educational, the physical, physical, educational, and and emotional emotional

development ofthe development of development of the Children. the Children. Children.

This factor This This factorfavors factor favors Mother. favors Mother. Mother.

3. 3.3. Thefeasibility The The feasibilityof feasibility ofpreserving of therelationship preservingthe preserving the betweenthe relationship between between thenon-relocating the non-relocating non-relocating party and the partyand and thechild the child through child through suitablecustody throughsuitable suitable custodyarrangements, custody arrangements,considering thelogistics consideringthe the and logisticsand logistics and financial financialcircumstances financial circumstancesof circumstances ofthe of theparties the parties parties

Mothertestified Mother Mother testifiedthat testified thatthe that thedriving the drivingdistance driving distanceand distance andtime and time betweenthe timebetween between the proposedrelocation theproposed proposed relocationinin relocation in

County,New BergenCounty, Bergen Bergen County, NewJersey New Jerseyand Jersey andFather’s and Father'sresidence Father's residenceisis residence is 125 125miles 125 miles andapproximately milesand and twohours approximatelytwo approximately two hours hours

withouttraffic. without without traffic. Additionally, traffic. Additionally, Mothertestified Additionally,Mother Mother testifiedthat testified thatshe that sheisis she iswilling tobe willingtoto willing beflexible be flexiblewith flexible with with

transportation. However, transportation. transportation. However,Father Fathercredibly crediblytestified testifiedtotoaahistory historyof ofobstinate obstinaterefusal refusalby byMother Mothertoto

engageinin engage engage inco-parenting co-parentingcompromise co-parenting compromise withFather, compromisewith with Father,even Father, evenwhen even whendoing when sowould doingsoso doing wouldlikely would likelybebe likely bemore more more

efficientoror efficient efficient orinin inthe thebest the bestinterests best interestsofof interests ofthe theChildren. the Children. This Children. Thisisis This isfurther further evidencedbyby furtherevidenced evidenced bythe theapparent the apparent apparent

coachingofof coaching coaching ofthe the Childrenby theChildren Children byMother. by Mother. Likewise, Mother. Likewise, theproposed Likewise,the the proposedrelocation proposed relocationdistance relocation distancewould distance wouldlikely would likely likely

Father'scustodial compromiseFather’s compromise compromise Father's custodialtime custodial time underthe timeunder under theexisting the custodyarrangement. existingcustody existing custody arrangement. Nevertheless, arrangement. Nevertheless, Nevertheless,

Mothertestified Mother Mother testifiedthat testified thatshe that shehas she hasa aaunique has uniqueopportunity unique topurchase opportunitytoto purchasethe purchase theproposed the proposed relocationresidence proposedrelocation relocation residence residence

46 4646 at aaa significant at at significant discount significant discount in discount in conjunction in conjunction with the conjunction with with the salary increase the salary salary increase offered increase offered by her offered her new her new employment new employment employment

in New in in New Jersey. New Jersey. Similarly, Jersey. Similarly, although Similarly, although Father although Father does Father does not does not agree not agree with agree with relocation, with relocation, he relocation, he did he did not did not testify not testify that testify that that

he isis he he is financially financially or financially or logistically or logistically incapable logistically of maintaining incapable of of maintaining his maintaining his relationship his with the relationship with relationship with the Children the Children ifif Children if they they they

relocate to relocate relocate to New to New Jersey. New Jersey. Jersey.

This factor This This factor slightly factor slightly favors slightly favors Mother. favors Mother. Mother.

4. The 4.4. The child’s The child's preference, child's preference, taking preference, taking into consideration taking into into consideration the consideration the age the and maturity age and age and of the maturity of maturity of the child. the child. child.

The The Children testified The Children Children testified to testified to the to the Court the Court that Court that they that they desire they desire to desire to relocate to relocate to relocate to Bergen to Bergen County, Bergen County, New County, New New

Jersey. In Jersey. Jersey. In addition, In addition, the addition, the Court the Court found Court found the found the Children the Children to testify competent toto Children competent competent and that testify and testify and that they that understood they understood they understood

the the difference between the difference difference between the between the truth and the truth truth and and aaa lie. lie. However, lie. However, the However, the Children the Children did Children did appear did coached by appear coached appear coached Mother, by Mother, by Mother,

particularly with particularly particularly with respect with respect to their respectto to their desire their desire to desire to relocate to relocate as relocate as expressed as expressed inin aaa manner expressed manner uncharacteristic for manner uncharacteristic uncharacteristic for for

their respective their their respective ages respective ages and maturity. ages and and maturity. Nevertheless, maturity. Nevertheless, the Nevertheless, the Children the Children do Children do seem do seemtoto seem possess some topossess possess some desire some desiretoto desire to

relocatetoto relocate relocate toNew NewJersey New Jerseydespite Jersey the limited despitethe the limitedprobative limited value of probativevalue probative value oftheir of theirtestimony. their testimony. testimony.

This This factor factorslightly slightlyfavors favorsMother. Mother.

5. 5.5. Whetherthere Whether Whether thereisis there isan anestablished an established pattern established patternof pattern ofconduct of conductof conduct ofeither of eitherparty either partytoto party topromote promote promote or orthwart thwartthe therelationship relationshipof ofthe thechild childand andthe theother otherparty party party

Fathertestified Father Father testifiedthat testified thathe that hebelieves he believesMother believes Motheralienated Mother alienatedthe alienated theChildren the Childrenfrom Children fromhim from himtoto him toinduce inducetheir induce their their

expressdesire express express desirefor desire forrelocation. for relocation. InIn relocation. Inparticular, particular,Father particular, Fathercredibly Father testifiedtoto crediblytestified credibly testified toananunusual an unusualphone unusual callon phonecall call on on

LaborDay Labor Labor 2024toto Day2024 Day 2024 toFather Fatherwhere Father whereMother where Motheraudibly Mother audiblydirected audibly directedthe directed theChildren the Childrentoto Children totell tellFather tell Fatherthat Father thatthey that they they

suddenly desiredtoto suddenlydesired suddenly desired torelocate. relocate. Likewise, relocate. Likewise,Father Likewise, Fathercredibly Father testifiedthat crediblytestified testified thathehe that herepeatedly triedtoto repeatedlytried repeatedly tried toreach reach reach

outtoto out out toMother Motherand Mother andcoordinate and coordinatemore coordinate moretime more timewith time withthe with theChildren, the Children,but Children, butdue but duetoto due toher herstrict her strictadherence strict adherencetoto adherence tothe the the

temporarycustody temporary temporary custody orderthese custodyorder order theseattempts these attemptshave attempts haveprovided have providedlittle provided littleresults. little results. Notably, results. bothparties Notably,both both offered partiesoffered offered

testimonyregarding conflictingtestimony conflicting conflicting testimony regardingthe regarding theChildren’s the Children'slevel Children's levelofof level ofinterest interestinin interest inparticipating participatinginin participating inyouth sports,anan youthsports, sports, an

inwhich activityinin activity activity which Father'spresence whichFather’s Father's presenceisis considerableasas isconsiderable considerable ascoach coachofof coach ofthe theChildren’s the Children'ssports Children's teams. sportsteams. sports teams.

4747 Likewise, Father's Likewise, Father’s Likewise, witness Father's witness witness Molineux Molineux credibly Molineux credibly testified credibly testified to testified to Mother's to Mother’s hostility apparent hostility Mother's apparent apparent him toward him toward hostility toward him

when Molineux noted when Molineux when Molineux noted noted that that one that one of his of his one of his children children and one children and and one the of the one of of would Children would the Children Children be would be on be on opposing on opposing opposing

sports teams. sports teams. sports Molineux's teams. Molineux’s testimony Molineux's testimony also testimony also tracks also tracks Father's testimony tracks Father’s Father's testimony that Mother that Mother testimony that deliberately Mother deliberately deliberately

withholds the withholds the withholds Children the Children from Children from socializing from socializing with socializing with their with their existing their existing friends in Pennsylvania friends in existing friends in Pennsylvania and and Pennsylvania and

participating inin participating participating their in their youth sports their youth youth sports (and sports (and thus (and thus spending thus spending time spending time with time with Father). with Father). Accordingly, Father). Accordingly, the Court the Court Accordingly, the Court

finds that finds that finds Mother has thatMother Mother has engaged has engaged established an established in an engaged inin an pattern establishedpattern ofconduct of pattern of conduct to conductto to undermine undermine the relationship undermine the the relationship relationship

of of the ofthe and Children and the Children Children Father. andFather. Father.

This This factor This factor favors factorfavors Father. favorsFather. Father.

6.6. 6. Whether Whether Whetherthethe relocation therelocation will relocationwill enhance willenhance the enhancethe thegeneral general oflife qualityof generalquality quality of forthe lifefor life for theparty the party party seeking the relocation, including, but not limited to, financial or emotional benefit seeking the relocation, including, but not limited to, financial or emotional benefit and seeking the relocation, including, but not limited to, financial or emotional benefit and and educational educational educationalopportunity. opportunity. opportunity.

Mother testified Mothertestified Mother that testifiedthat her thather quality herquality oflife of qualityof life lifewill will increaseddue beincreased willbe be increased tothe duetoto due therelocation. the relocation. Mother relocation. Mother Mother

testifiedthat testified testified she thatshe that hasa aajob has shehas job witha aapossibility with jobwith possibility promotiontoto possibilitypromotion promotion an NewJersey. inNew administratorinin anadministrator toan administrator New Jersey. Jersey.

Additionally, Additionally, Mother Additionally,Mother provided Motherprovided evidence providedevidence towardsthis evidencetowards towards increasedstandard thisincreased this increased ofliving standardofof standard livingoffered living offeredbyby offered the bythe the

relocation. relocation. See Ex. SeeEx. relocation. See D-29. Ex.D-29. Motheralso D-29. Mother Mother also thather testifiedthat alsotestified testified that newemployment hernew her new employmentinin employment NewJersey inNew New Jersey Jersey

increased increasedbyby increased yearlysalary byyearly yearly salary byapproximately salarybyby approximately andthat $9,000and $9,000 approximately$9,000 and that schoolprincipals thatschool school and/or principalsand/or principals and/or

administratorsinin administrators administrators Bergen inBergen BergenCounty, County, NewJersey County,New New standtoto Jerseystand Jersey stand tomake moremoney makemore make more moneythan money thanthose than thoseinin those in

Moreover, Pennsylvania.Moreover, Pennsylvania. Motheralso Moreover,Mother Mother also toanan testifiedtoto alsotestified testified estateopportunity realestate unusualreal anunusual unusual real estate opportunityprovided opportunity providedbyby

her her former apparentlyformer herapparently formerBoyfriend toacquire Boyfriendtoto acquireher acquire herproposed her proposedrelocation proposed relocation residence extreme anextreme atanan residenceatat relocationresidence extreme

discount. addition,Mother discount.InInaddition, Mothertestified testifiedthat thatshe shelacks lacksa asupport networkininPennsylvania, supportnetwork whereas Pennsylvania,whereas

mostofof most most her ofher herfriends friends andfamily friendsand and inNew resideinin familyreside reside NewJersey New Jersey inclose andinin Jerseyand and closeproximity close tothe proximitytoto proximity the relocation area. relocationarea. therelocation area.

Nevertheless,Mother Nevertheless, Motherdid didadmit admitthat thather hersister currentlyresides sistercurrently currently residesininHavertown, Pennsylvania,and Havertown,Pennsylvania, Pennsylvania, and

that shehas thatshe that she haspent has spentmore spent of moreofof more herlife her her inPennsylvania lifeinin life thaninin Pennsylvaniathan than NewJersey. inNew New Jersey. Even Motheralso more,Mother Evenmore, Jersey.Even more, Mother also also

admittedthat admitted thatrelocation County,New BergenCounty, relocationtotoBergen Bergen County, NewJersey Jerseywould wouldultimately ultimatelyresult resultin ina higher a highercost costofof

4848 living than remaining living than remaining in in Pennsylvania. Pennsylvania. Therefore, Therefore, the the Court Court finds finds that that relocation relocation would would likely likely

enhance the enhance the general general quality of life quality of life for Mother. life for Mother.

This factors This factors slightly favors Mother. slightly favors Mother.

7.7. Whether the Whether the relocation will enhance relocation will enhance the the general general quality oflife quality of life for for the thechild, child, including but not limited to, financial or emotional benefit or educational including but not limited to, financial or emotional benefit or educational opportunity. opportunity.

Mothertestified Mother testifiedthat thatthe therelocation relocationwould wouldenhance enhancethe thequality oflife quality of lifefor forthe theChildren Childrenasas

weltasasthe well theeducational educationaland and emotional emotionalbenefit. benefit. Mother Mothertestified testifiedthat thatBergen BergenCounty, NewJersey County,New Jersey

hasbetter has betterschools schoolsand andquality ofeducation, qualityof education,aafact factthat thatthe theChildren Childrenwere privytotoasas notablyprivy werenotably

reflectedinintheir reflected theirtestimony testimonytotothe theCourt. Court. Mother Motheralso alsotestified testifiedthat thatshe shehas hasenrolled enrolledthe thekids kidsinin

therapy andisislooking therapyand lookingtotopromote theiremotional promotetheir emotionalwell-being withthe well-beingwith therelocation relocationsosoasastoto

minimizefurther minimize furtheracrimony betweenherself acrimonybetween herselfand andFather. Father. InInaddition, addition,Mother’s Mother'srecent recentand and

continuedpresence continued presenceininNew NewJersey whilethe Jerseywhile theChildren Childrenare areininhere herecustody hasresulted custodyhas resultedininthe the

Childrendeveloping Children somedegree developingsome degreeofofconnection connectionand andfamiliarization familiarizationwith withthe theproposed relocation proposedrelocation

area. Likewise, area. Likewise,Mother’s Mother'sunusual unusualreal realestate estateopportunity wouldgrant opportunitywould theChildren grantthe Childrenananincreased increased

qualityofoflife quality lifegiven theproperty’s giventhe sizeand property'ssize andexcellent excellentcondition. SeeEx. condition.See Ex.C-l 9-10. C-1atat9-10.

Accordingly, theCourt Accordingly,the Courtfinds findsthat thatrelocation relocationwould wouldenhance enhancethe thegeneral qualityofoflife generalquality lifefor forthethe

Children. Children.

Thisfactor This factorfavors favorsMother. Mother.

8. 8. The 8. The reasons Thereasons and reasonsand motivation motivationofof andmotivation of each eachparty each party for seekingoror forseeking partyfor the opposingthe oropposing relocation. therelocation. relocation.

Mother Mother testified testified that that thethe relocationis isboth relocation bothforfor thethebetterment bettermentofof thethe childreneducation children educationasas

wellas asananincrease well increase to to herher financialability. financial Additionally, ability.Additionally, Mother Mother testified testified that that her her extended extended

family family and and and friends friends friends primarily primarily reside reside in in reside in New New New Jersey. Father Father Jersey.Father Jersey. testified testified testified that that that hehe he opposes opposes opposes relocation to to relocation relocation to

maintain maintain a sense a sense ofof stability stability and and in in consistency consistency thethe Ilives lives ofof ives thethe children.In In children. particular, particular, Father Father

4949 49 testified that testified that testified he that he opposes he opposes relocation opposes relocation as itit as relocation as would compromise it would would compromise his relationship his compromise his relationship with with the relationship with the Children the Children Children

and continue and continue and to continue to have aaa relationship to have have relationship with relationship with with them them such as coaching such as them such as their sports coaching their coaching their sports teams. teams. sports teams.

This This factor This factor slightly factor slightly favors slightly favors Father. favors Father. Father.

9.9. 9. The The The present present and present and past and past abuse past abuse committed by abuse committed committed by aaa party by of party of party member of member member of the party’s of the of the party's party's household and whether there is a continued risk of harm to the child or an abused household and whether there is a continued risk of harm to the child or an abused party. household and whether there is a continued risk of harm to the child or an abused party. party.

Both Both parties Both parties testified to multiple testified toto parties testified multiple filed filedPFAs multiple filed PF As and PF As and CYS investigations and CYS CYS investigations filed against filed investigations filed Father against Father against Father

by Mother by Mother by whichwere Motherwhich which were all were all dismissed all dismissed or dismissed or resultedinin resulted orresulted an in an status, respectively. "unfounded" status, an “unfounded” "unfounded" status, respectively. respectively.

This This factor This factor favors factorfavors no favorsno party. no party, party.

10. 10. Any 10.Any other Anyother factor otherfactor affecting factoraffecting the best thebest affectingthe interest bestinterest thechild. ofthe interestof of the child. child.

The Court TheCourt The does Courtdoes not doesnot find notfind any findany other anyother factor otherfactor factorrelevant relevant relocationanalysis. toaaarelocation relevanttoto relocation analysis. analysis.

This This factor Thisfactor favors factorfavors noparty. favorsno no party. party.

DISCUSSION DISCUSSION DISCUSSION The Court's TheCourt’s The analysis Court'sanalysis demandsmore analysisdemands demands more merelycounting thanmerely morethan than merely thefactors countingthe counting the factorsand factors anddeciding and deciding deciding

which whichparty which party scored more scoredmore partyscored points.AA morepoints. points. custodyanalysis Acustody custody "isnot analysis“is analysis "is nota aascorecard” not scorecard" and select factors selectfactors andselect scorecard"and factors

may mayserve may serveasas serve the asthe motivating themotivating forcebehind force motivatingforce behinda aaCourt’s behind Court's decision.See Court'sdecision. decision. Whitev. v.Malecki, SeeWhite See White Malecki,296 Malecki, 296 296

A.A.3d A.3d 1214 1210,1214 1210, 3d 1210, 1214(Pa. (Pa.Super. 2023).The 2023). Super.2023). TheCourt The Court isguided Courtisis byconsideration guidedbyby consideration the above theabove allthe ofallall considerationofof above

factors and factorsand factors then, andthen, afterscrutinizing then,after after scrutinizing items,determining thoseitems, scrutinizingthose those items, determiningfrom determining thebroad fromthe from the broad what canvaswhat broadcanvas canvas what

design designwill design willserve servethe thebest bestinterests interestsofofthe theChild, Child,allallwhile payingspecial whilepaying paying specialconsideration special considerationtotothe the

factors factors thatimpact factorsthat that thesafety the impacthe of safetyofof the theChild. the Child.See Child. SeeC.M.K. See C.M.K. K.E.M.,4545 •K.E.M., C.M.K.v. • K.E.M., A.3d417, 45A.3d A.3d 417,421 417, (Pa. 421(Pa. 421 (Pa.

2012)(discussing Super.2012) Super. 2012) theimportance the (discussingthe importance of importanceofof the safety-related factors the of contextofof thecontext inthe factorsinin safety-relatedfactors thesafety-related the context

5050 relocation). Because relocation). Because Mother Mother isis the party proposing the party proposing relocation, relocation, she she bears bears the the burden burden of proving ofproving

that relocation that relocation would would serve serve the the Children’s Children's best best interests interests as as well well as as the the integrity of her integrity of her motives motives in in

seeking relocation. seeking See relocation. See 23 Pa. See 23 Pa. C.S. C.S. §§ 5337(i). 5337(i).

Even though Even though this this isis aa close close call, call, the the Court Court finds finds that that Mother Mother has has met met her her burden burden and and will will

permitthe permit the relocation. See relocation. See The best id. The See id. best interest interestfactors factors impacting the safety impactingthe ofthe safety of the Children Childrendo do

notmake makeaasignificant significantdifference differenceininthis thismatter. See id. §§ 5328(a), 5337(h). To the extent See matter. See not id. §§ 5328(a), 5337(h). To the extent

Motherclaims Mother claimsotherwise, otherwise,the theCourt Courtfinds findsher hernot notcredible; credible;indeed, indeed,her herproposed finalcustody proposedfinal custody

ordersuggests order suggestsFather Fathershould shouldget getmore physicalcustody morephysical custodythan thanhe currentlyhas. hecurrently has. And Andbecause becauseboth both

parents clearlylove parentsclearly lovethe theChildren Childrenvery much,the verymuch, thefactors factorsinvolving providingaaloving involvingproviding lovingrelationship relationship

arenot are notparticularly instructive. Instead, particularlyinstructive. Instead,the theCourt Courtputs putsparticular particularemphasis onitsitsfindings emphasison that findingsthat

therelocation the willenhance relocationwill enhancethe theChildren’s Children'seducational educationaldevelopment andthereby developmentand theirquality therebytheir qualityofof

life. See life. See 5337(h)(2)&&(7). Seeid.id.§ §5337(h)(2) Therelocating (7). The schooldistrict relocatingschool districtisishigh highquality andthere qualityand aremany thereare many

opportunities forthe opportunitiesfor theChildren Childrenthere. See there. See Theconcededly Seeid.id. The oddcircumstances concededlyodd circumstancesofofthe thesingle¬ single-

family homeavailable familyhome availabletotoMother Motherininthe therelocating relocatingarea areais isunique andnot uniqueand nottransferable, transferable,and andthe the

Courtcredits Court creditsMother’s Mother'stestimony testimonyand andthe theinferences inferencesthat thatshe shewould wouldnot nototherwise otherwisebebeable abletoto

affordreal afford realestate estateatathe theprice pointofofthe pricepoint therelocating Seeid.id. It Itis isa anice See home.See relocatinghome. niceneighborhood neighborhoodinina a

nicecommunity, nice andwhile community,and whileit itis isa adistance distancefrom fromFather’s Father'sextended extendedfamily familyand andchildhood childhoodfriends, friends,

it itis isclose closetotoMother’s Mother'sextended extendedfamily. family.

Furtherfactors Further factorsweigh weighininfavor favorofof grantingthetherelocation. granting relocation.Because BecauseMother Motheris isemployed employedinin

thethe relocation relocation areain ina job area a jobthat that pays morethan paysmore than her her previous previous job,it itis isfair job, fair totosay saythat that thethe

relocation relocation willenhance will enhance her her qualityofof quality lifelife from from a financial a financial opportunity opportunity standpoint standpoint and, and, byby

extension, extension, thethe See Children.See Children. § 5337(h)(6)& &(7).(7).The id.id.§ 5337(h)(6) See The Court Court also also credits credits herher testimony testimony that that

51 51 there there are unique some unique are some there are some educational unique educational or educational or professional or professional opportunities professional opportunities available opportunities available in available in the in the relocation the relocation area relocation area area

that will provide her provide her will provide that will that with her with unique professional and unique professional with unique and potential financial and potential financial opportunities. financial opportunities. See opportunities. See id. See id. id.

Indeed, Indeed, she has already acquired aaa better already acquired has already she has Indeed, she better paying better paying job in in the job in payingjob the relocating area the relocating area (and, area (and, to (and, to her to her credit, her credit, credit,

followed followed the order existing order the existing followed the existing and order and not and not used the long as commute as long commute the long used the not used commute an as an excuse an excuse for excuse for limiting for limiting Father's limiting Father’s Father's

time or insisting transportation be transportation be insisting transportation or insisting time or time shared), and and isis shared), and be shared), pursuing is pursuing professional advancement. professional advancement. pursuing professional See advancement. See id. See id.

The Court Court recognizes The Court The that recognizes that when the the parties when the that when parties separated parties separated on or or around on or separated on around January around January 2024, Father Father 2024, Father January 2024,

wanted wanted shared of custody of physical custody shared physical wanted shared physical custody the ofthe Children the Children despite Children despite the despite the entry the entry of entry of the Temporary the Temporary ofthe PFA Temporary PFA Orders PFA Orders Orders

and, and, eventually, and, eventually, the Temporary Order Custody Order Temporary Custody theTemporary eventually, the granting Mother Motherprimary grantingMother Order granting primary custody. physical custody. primaryphysical This custody. This This

Court Courtacknowledges Court that acknowledges that the Statute RelocationStatute theRelocation thatthe Relocation states Statutestates that states that courts thatcourts "shall courts“shall hold "shallhold an hold an expedited anexpedited full expeditedfull full

hearing" hearing” onany hearing"on any anyproposed relocation. See proposed relocation. See id. id §§§ 5337(g). See id. This Court 5337(g). This Courtfurther furtheracknowledges acknowledges thatatat acknowledgesthat

somepoint, some point,this matterwas thismatter reassignedfollowing wasreassigned following sectionreassignments followingsection reassignments andthat reassignmentsand thatjudicial judicial judicial

resources resources are limited, and that both thatboth andthat limited,and arelimited, resourcesare parties bothparties for foraaaresolution hopedfor partieshoped resolution of resolutionof thismatter ofthis this matter matterasas soon soonasas assoon as

possible. possible.

Butthe But thereality realityisisthat reality thatsince sincethe theparties’ parties' separation, parties'separation, forapproximately separation,for approximately thelast approximatelythe lasteighteen eighteen eighteen

months, months, Mother had hadprimary hashad Motherhas months,Mother has primary custodyofof primarycustody the ofthe Children. theChildren. Because Children. Because Mother BecauseMother has Motherhas been hasbeen the beenthe the

Children's Children'sprimary Children’s caretaker for the forthe caretakerfor primarycaretaker past thepast eighteen pasteighteen months, months,itititisis eighteenmonths, fair isfair tosay fairtoto say that saythat she sheisis thatshe more ismore more

involvedininthe involved theChildren’s Children'sday-to-day day-to-day lifeand day-to-daylife andcompletes moreparental completesmore See Seeid.id. duties. See parentalduties. id.

5328(3)&&(4), §§§§5328(3) 5328(3) (4), 5337(h)(l). Sheattends 5337(h)(l). She (4),5337(h)(1). attendstotothe thedaily daily needsofofthe dailyneeds theChildren Childrenand andisislikely likelytoto

attend attendtoto attend the Children's Children'sdaily theChildren’s tothe emotional dailyemotional and developmentalneeds. anddevelopmental emotionaland needs. See Seeid.id. needs. See id§ §5328(10). 5328(10). The 5328(10).The The

Children Children did not didnot Childrendid express notexpress upsetoror anyupset expressany upset reservations about daily theirdaily abouttheir reservationsabout orreservations their life lifeoror dailylife their ortheir current theircurrent current

Althoughthe arrangement.Although arrangement. Although theCourt Courtbelieves believesthe theChildren Childrenhave havebeen been“coached” "coached"asaswell wellasas

improperly improperlyinfluenced improperly influenced influencedbyby Mother byMother (moreonon (more Mother(more that thatoto onthat follow), follow),it it tofollow), does not mean notmean doesnot itdoes that meanthat the thathe Children theChildren Children

havecompletely have completely lostheir completelylost theirability abilitytotoexpress ability express any expressany preferenceatatall— preference anypreference alltheir preference preferenceis isjust their preference just

5252 52 perhaps not perhaps not as as probative probative or or controlling controlling as as itit would would have have been been had had the the Court Court found found they had not they had not

been improperly been improperly coached. coached. The The Children Children are are close close with with their their Mother Mother and and insist they want insist they want to to move move

to New New Jersey. id. $$ See id. Jersey. See id. §§ 5328(7), 5337(h)(4). Even despite the coaching, the Court believes to §§ 5328(7), 5337(h)(4). Even despite the coaching, the Court believes

the Children the Children's preference preference isis to to relocate, relocate, even even ififitittheir theirpreferences are exaggerated preferences are due to exaggerated due to

impropercoaching improper coaching by See id. Mother. See byMother. id. The The Children Children are are familiar familiarwith with the the area area as as Mother’s Mother's

extendedfamily extended familyhas has lived livedthere there for forsome sometime, time, including beforethe includingbefore theparties partiesseparated, when separated,when

Motherwould Mother wouldbring themtotothe bringthem thearea areafor forvisits. Seeid.id. ItIttherefore visits. See thereforemakes makessense sensethat theywould thatthey would

haveaapositive have ofthe impressionof positiveimpression therelocating Seeid.id. area. See relocatingarea.

TheCourt The Courtalso alsoemphasizes emphasizesitsitsfinding thatititisisfeasible findingthat feasibletotopreserve therelationship preservethe relationship

betweenthe between thenonrelocating nonrelocatingparty andthe partyand theChildren Childrenthrough suitablecustody throughsuitable custodyarrangements. See arrangements. See

5337(h)(3). InInsosodoing, id.id.§ §5337(h)(3). theCourt doing,the Courtdoes doesnot notminimize minimizethat thata anonrelocating partyisisalmost nonrelocatingparty almost

always,totosome always, somedegree, degree,adversely affectedbybythe adverselyaffected thegranting grantingofofa arelocation. SeeCarrero relocation. See Carrerov.v.

Lopez, Lopez, 300A.3d Lopez,300 A.3d494, 494,505 505(Pa. (Pa.Super. 2023)(“That Super.2023) theparties ("Thatthe mightincur partiesmight incuradditional additionalcosts costsand and

hardshiptotofacilitate hardship facilitatecustody exchangesisistrue custodyexchanges trueininvirtually everyrelocation virtuallyevery relocationcase.”). case."). But Buthe the

Courtnotes Court notesthat thatfor forapproximately thepast approximatelythe months,Father eighteenmonths, pasteighteen Fatherhas hashad hadpartial partialphysical physical

custodyininthe custody theform formofofevery-other-weekend visitsasaswell every-other-weekendvisits wellasasone onedinner dinnerper week(not perweek (notanan

overnight). Thealternating overnight).The weekendcustodial alternatingweekend custodialtime can(at(ata aminimum) timecan minimum)bebepreserved preservedasasthe the

proximityofof proximity theparties’ the residencesis isapproximately parties'residences a two-hourdrive. approximatelya two-hour See2323Pa.Pa.C.S. drive.See C.S.

5328(a)(l1),l),5337(h)(3). §§§§5328(a)(l Further,arrangements 5337(h)(3).Further, canbebemade arrangementscan madeinintotoprovide provideforforFather Fatherhaving having

overallmore overall more partialphysical partial (onananannual custody(on physicalcustody annualbasis) thanhehecurrently basis)than currentlyhas hasbybyincreasing increasing hishis

weekend weekend visitationduring visitation thetheschool during schoolyear andincreasing yearand hishisoverall increasing overallvisitation visitationduring during thethesummer summer

months months to to primary primary physical Seeid.id.ByBy custody.See physicalcustody. doing doing this, this, Mother Mother willstill will stillbebe thethe Children's Children’s

53 53 53 primary custodian, primary custodian, primary but custodian, but Father but Father have will have Father will will time more time have more more with time with the with the Children the Children during Children during the the summer during the summer months summer months months

to to compensate to compensate for compensate for the for the hardship the hardship he hardship he will he will face will face during face during the school during the the school year. school year. See year. See id. See id. id.

In reaching In reaching In this determination, reaching this this determination, itit determination, bears it bears mentioning bears mentioning which which best mentioning which best interest best interest factors interest factors favored factors favored favored

Father. Father. Because Father. Because the Because the Children the Children grew Children grew up here, grew up up here, here, the the Court the Court acknowledges Court acknowledges relocation that aaa relocation that acknowledges that relocation

necessitates necessitates some necessitates some discontinuity some discontinuity the in the discontinuity in in Children's the Children’s education Children's education and community education and and community life. See life. community life. See id. See id. id.

§§§ 5328(a)(4). 5328(a)(4). That 5328(a)(4). That said, That said, because said, because because of of the ofthe the Children’s Children's ties toto ties Children'sties the tothe relocating the relocating community asas relocating community community the as the well asas as well well the

abilitytoto ability ability maintain tomaintain tiestoto ties maintainties the tothe current the current area currentarea during areaduring time duringtime with timewith Father, withFather, factor isis this factor Father, this this factor notcontrolling. is not not controlling. controlling.

See See id. See id. id.

That That evenifif said,even Thatsaid, said, even theproposed ifthe the proposed relocation proposedrelocation wouldimprove relocationwould would Children'squality theChildren’s improvethe improve the Children's oflife qualityof quality of life life

and andprovide and provide for more formore providefor opportunities, moreopportunities, the Court theCourt opportunities,the finds Courtfinds thatMother findsthat that Mother madeefforts hasmade Motherhas has made effortstoto efforts undermine toundermine undermine

the the Children's theChildren’s relationship Children'srelationship with relationshipwith their withtheir Father. theirFather. See Father. See id. §§§§ Seeid.id. §§5328(a)(2.3) &(8); 5328(a)(2.3)&& 5328(a)(2.3) 5337()(5). She (8);5337(h)(5). (8); 5337(h)(5). is Sheisis She

therefore not thereforenot therefore the notthe party theparty more likelytoto likely morelikely partymore encourage toencourage andcontinuing frequentand encouragefrequent frequent and continuingcontact continuing contactwith contact with theother withthe the other other

party, party, rather, she rather,she party,rather, has shehas made hasmade effortstoto efforts madeefforts turn toturn theChildren turnthe the Childrenagainst Children against Fatherby theirFather againsttheir their Father byalienating by alienatingthem alienating them them

from fromtheir from their Father. theirFather. See Father. See id.§§§§ Seeid.id. 5328(a)(2.3) §§5328(a)(2.3) &(8); 5328(a)(2.3)&& 5337(h)(5). Not (8);5337(h)(5). (8); 5337(h)(5). Not Children'sanxiety theChildren’s allthe Notallall the Children's in anxietyinin anxiety

being being interviewed interviewedbyby beinginterviewed the Court theCourt bythe canbebe Courtcan can toMother’s attributedtoto beattributed attributed Mother'sactions, Mother's actions, theexperience asthe actions,asas the experiencecan experience be canbebe can

stressfulinin stressful stressful general, ingeneral, and general,and children andchildren manifesthat childrenmanifest manifest thatstress that stress differentways. indifferent stressinin different thedegree Buthe ways. But ways. But the degreetoto degree which towhich which

the awareofofthe wereaware Childrenwere theChildren thecontentious litigationbetween contentiouslitigation litigation betweenthe parties-for theparties— parties-for instance, for instance,

volunteeringtoto volunteering volunteering the tothe Courta aacomparison theCourt Court comparison ofcrime comparisonofof crime inthe statisticsinin crimestatistics statistics therelocating the relocatingand relocating andnonrelocating and nonrelocating nonrelocating

asanan countiesasas counties counties anexplanation forwhy for explanationfor theywanted whythey why they wanted unnecessary,obvious totallyunnecessary, relocate-wastotally torelocate—was wantedtoto relocate-was totally unnecessary, obvious obvious

evidence evidence ofcoaching, evidenceofof notinin andnot coaching,and and not theirbest intheir their interest. bestinterest. best interest.

Mother'srepeated Further,Mother’s Further, Further, Mother's repeated andsteadfast repeatedand and steadfastrefusal steadfast refusal theTemporary fromthe deviatefrom everdeviate toever refusaltoto ever deviate from the Temporary

Custody Order,even CustodyOrder, eventotoallow allowthetheChildren enjoythe Childrentotoenjoy enjoy thelast lastfew fewminutes minutesofof birthday a friend'sbirthday a friend’s birthday

5454 party, was party, was particularly particularly noteworthy noteworthy in in itit showed showed just how unwilling just how she has unwilling she has been been to to cooperate cooperate

with Father. with Father. See See§§§ 5328(a)(13). 5328(a)(l 3). Mother 5328(a)(13). Mother seems seems to to confuse confuse blind blind adherence adherence to to aa custody order custody order

with being with being aa willing willing and and flexible flexible co-parent. There were co-parent. There were times times when when Father Father would would ask ask ififhe he could could

pickthe pick the Children Children up up earlier earlier than than the the scheduled scheduled time time and and she she declined, declined, even even when when itit seemed seemedthe the

Children were Children were with with aa babysitter babysitter or orother othernon-relative. non-relative. While Whilethat thatisis not necessarily an notnecessarily an

inappropriate childcarearrangement, inappropriatechildcare arrangement, ititsure sure isisnot notevidence evidenceof ofpromoting promotingfrequent and frequentand

continuing contactbetween continuingcontact betweenthe theChildren Childrenand andthe theother otherparent. See §§ 5328(a)(2.3). parent. See 5328(a)(2.3). Accordingly, Accordingly,

theCourt the Courtisisgoing goingtotoenter enteraaright offirst rightof firstrefusal refusalininits itsfinal finalcustody order. custodyorder.

Although theCourt Althoughthe Courtacknowledges thatFather acknowledgesthat Fatherhas hasused usedabhorrent abhorrentlanguage towards languagetowards

Motherininthe Mother thepast, andthat past,and thathis hisbehavior behaviorcontributed contributedtotothe theconflict conflictbetween betweenthe theparties, parties,itit

wonders:InIn wonders: whatway Inwhat hasMother wayhas Mothercooperated withFather cooperatedwith Fatheraside asidefrom fromfailing failingtotoviolate violatethe the

TemporaryCustody Temporary CustodyOrder? Order? Yes, Yes,she approvedhis sheapproved hisvacation, vacation,but butfailing failingtotododososowithout withouta a

compelling reasonmight compellingreason haveconstituted mighthave constituteda aviolation violationofofthe theTemporary CustodyOrder. TemporaryCustody Order.And Andno, no,

Fatherobjecting Father objectingtotoMother’s Mother'sproposed vacation-in proposedvacation— whichFather in which Fatherwould wouldhave havecompletely missed completelymissed

thefirst the firstChristmas Christmaswith withhis hisChildren, Children,ononthe thefirst firstChristmas Christmassince sincethe separation-is parties'separation— theparties’ not is not

indicativeofofa afailure indicative failuretotocooperate cooperateasasa aco-parent. Howwould co-parent.How wouldMother Motherhave havefelt feltififFather Fathertook took

theChildren the Childrenononvacation vacationfor forthat thatholiday, andshe holiday,and shemissed missedChristmas ChristmasEve Evebedtime, bedtime,Christmas Christmas

morning, andChristmas morning,and Christmasdinner dinnerwith withher heryoung children?Probably youngchildren? Probablypretty terrible.AtAtleast prettyterrible. leastJudge Judge

Mackrideswas Mackrides abletotointervene wasable intervenein inthat thatinstance, instance,unlike unlikearound aroundHalloween, Halloween,when whenMother Mother was was

unwilling to toaccommodate unwilling accommodateany any trick-or-treatingoror trick-or-treating trunk-or-treating trunk-or-treating timeforfor time Father,and Father, and hehe

completely completely missed missed out.AsAs out. every every parent parent knows, knows, childrengrow children grow upup quickly, quickly, and and one one cannot cannot getget

time time back. back. time back.

55 55 55 The Court The Court opines opines on on this this to to emphasize emphasize that that courts courts in in general can only general can do so only do so much much in in aa

custody order. custody order. We We cannot cannot foresee foresee every every potential potential problem and solve problem and solve for for itit in in advance. advance. We We can can

only try only try to to resolve resolve as as much much as as possible, as quickly possible, as as we quickly as we can, can, within within the the confines confines of ofthe the law, law, and and

hopefully set hopefully set the the stage for less stage for less conflict conflict in in the the future. future. Of Ofcourse, course, following the custody following the order isis custody order

the status the status quo, not every quo, not every accommodation accommodation isis feasible, feasible, and and nonstop modifications are nonstopmodifications are disruptive. disruptive.

Butthat But thatdoes doesnot notmean meanthat that occasional occasional compromise compromise isisaabad badthing. thing. Compromise is, ininfact, Compromiseis, fact,aa

hallmarkof hallmark ofsuccessful successfulco-parenting. Andone co-parenting. And onestraightforward straightforwardway ofdetermining wayof whetherone determiningwhether one

isisacting actingasasaacooperative co-parentisisby cooperativeco-parent byasking oneself,how askingoneself, howwould wouldI Iwant wanttotobe betreated treatedififIlIwas was

ininthe theother otherparent’s parent'sposition? position?

AnOrder An Orderdesigned designedtotoaccommodate accommodatethe thebest bestinterests interestsofofthe theChild Childisisbeing beingentered entered

contemporaneously andconsistent contemporaneouslyand consistentwith withthe theabove abovefindings, findings,conclusions, conclusions,and anddiscussion. discussion.

BYTHE BY THECOURT: COURT:

RACHEL EZZELL BERRY, J. RACHEL EZZELL BERRY, J.

Notice:No Notice: NoParty makea change maymake Partymay a changein inthe theresidence residenceofof anychild any childwhich whichsignificantly significantlyimpairs impairs the of the other to exercise custodial rights without first complying the ability of the other party to exercise custodial rights without first complying with all thethe ability party with all applicable applicable provisionsofof provisions 23Pa.Pa.C.S. 2323 § 5337(c)and C.S.§ 5337(c) andPa.Pa.R.C.P. R.C.P.1915.17 1915.17regarding regardingrelocation. relocation.

5656 Circulated 02/18/2026 02:12 PM

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IN THE COURT IN THE COURT OF OF COMMON COMMON PLEAS OF DELAWARE PLEAS OF DELAWARE COUNTY. CIVIL ACTION LAW LAW COUNTY, PENNSYLVANIA COUNTY, PENNSYLVANIA PENNSYLVANIA I A.D., A.D.. CIVIL CIVIL LAW AMA I Plaintiff Plaintiff

v. TRIAL TRIAL CT, NO. CV-2023-006819 CT, NO. TRIAL CT.

IN CUSTODY IN IN CUSTODY NO. CV-2023-006819

‘ ’>Jv u I II i SEP 23 ^12^ J;D., J.D., J.D., Defendant Defendant Iii APP. CT. NO. APP. CT. APP. CT. NO. 2242 NO. 2242 EDA EDA 2025 2025

Lucas Clark, Esquire, Lucas Clark, Lucas Clark, Esquire, Attorney Esquire, Attorney for for Mother-Plaintiff Mother-Plaintiff A.D. A.D ■ Manaras, Esquire, Peter Manaras, Peter Manaras, Attorney for Esquire, Attorney Esquire, for Father-Defendant Father-Defendant J.D. Father-Defendant J.D J.D

OPINION OPINION OPINION Bery.J BerryJ. Bery.J p.. , Filed: med 9[aals 9[aals J.D. ( Father ) appeals JD.(Father") JD.(Father") this appeals this trial this trial trial court's Final Final Custody court's Final Custody Order dated Custody Order July 30, dated July July 2025, on 30, 2025, 30, 2025, on on

which date the which date the trial court also count trial count also issued also of Fact Findings of issued Findings of Law. Conclusions of and Conclusions Fact and Law. This trial Law. This trial cu trial court cu

entered aa Final entered Final Custody Final Order granting Order Custody Order granting A.D. granting A.D.'s request to (“Mother") request ’s (Mother") A.D.'s (Mother") request to from Delaware relocate from to relocate relocate from Delaware Delaware

County, Pennsylvania County, County, Pennsylvania to to Bergen County, to Bergen County, New Jersey. New County, New The trial Jersey. The Jersey. court the parties granted the further granted court further trial court granted parties parties

shared shared legal custody, Mother custody, legal custody, Mother primary physical custody, physical custody, and and Father Father partial partial physical physical custody custody of

I shared legal primary physical custody, partial physical custody of of

the parties' the children during parties' children during the the school school year, school and Father year, and year, Father primary primary physical primary physical custody and physical custody custody and Mother Mother Mother

partial physical partial physical the parties' of the custody of physical custody parties' children parties' children during the children during during Because Father break. Because summer break. summer the summer break. Because does does Father does

not demonstrate not not demonstrate an an abuse abuse of discretion or discretion of discretion legal error, his appeal error, his legal error, or legal appeal is appeal without merit, and without merit, is without merit, and the trial and the the trial trial court’s Final court's court's Final Custody Final Order should Order Custody Order should be should be affirmed. affirmed. affirmed.

I. IL. FACTUAL AND PROCEDURAL PROCEDURAL HISTORY HISTORY

The parties The parties were married on were married on or July 7, July around July or around 2012. They 7,2012. They have three children have three children together: together: together: C;D. (bom March C.D. (bor C.D. (bor March 2014), J.D. (born 2014),J.D. 2014),J.D. (bom (born September September 2015), 201 E.D. (bom and E.D. 2015), and January 2019) (born January (born January 2019) 2019)

R.R. 1 R.R. R.R. 1 (collectively, "Children"). Fmm (collectively, the “Children"). (collectively, "Children"). From mrtage From separation, the marriage until section, marriage separation, parties and the parties parties and the and the Chiidren the Children Children resided In resided in County, County, Pennsylvania. Delaware County, in Delaware Pennsylvania, Mother Pennsylvania, Mother used Mother in Delaware work in to work used to to in County, Delaware County, County, Pennsylvania but Pennsylvania Pennsylvania but more but more recently recently started recently started working working in in New in New toy. New Jersey. At Jersey. times, most all times, At all At times, most of Mother’s most of of Mother's Mother's extended family, extended including her.parents family, including including her parents her lived in parents lived lived New Jersey. in New in New Jersey, Mother Jersey, Mother credibly Mother credibly testified credibly testified that testified that that

throughout the throughout throughout Children’s lives Children's the Children's lives she she regularly regularly brought regularly brought them brought them to them Jersey to New Jersey to New Jersey to visit her to visit her relatives her relatives relatives and to celebrate holidays. to celebrate to holidays. holidays.

Because Mother’s actions Mother's Because Mother's actions influenced influenced its its ultimate its ultimate decision, decision, and decision, and because because itit relates relates to to to

Father's issues Father’s Father's issues on appeal. appeal. the trial appeal, the trial court provides some additional provides some additional procedural additional procedural information procedural information information

regarding the parties’ c regaling regarding parties' divorce parties' divorce and history of and history history of Protection Protection from from Abuse from Abuse (FA") (FA") actions. This (“PFA”) actions. actions. T%, T%,

matter was originally matter assigned to originally assigned originally to the the Honorable Honorable William William C. William C Mackrides Mackrides on Mackrides on or around August or around 10, I0, August I0, August 2023, when 2023, 2023, when Mother Mother filed Mother filed for filed for divorce for no. D). On no. I). (docket ho. divorce (docket D). On or or around September 1 around September September 1I, 1I, 2023, Father 1, 2023, 2023, Father Father

■- . fil filed ed an Answer (docket Answer an Answer (docket no. (docket no. 3). 3). Or or around On or 3). Or around November November 9, November 2023, the 9,2023, parties entered the parties parties into%a entered into entered into% stipulation regarding stipulation stipulation regarding matters regarding matters relating relating to the to relating to the divorce divorce (docket (docket no.. 8). (docket no. no.. 8). 8).

On or On around December or around December 14, December 2023, Mother 2023, 14, 2023, Mother filed aa Custody Mother filed filed as aa Petition well as as well Complaint as Custody Complaint Complaint well Petito Petito

Special for Special Relief for Special Relief for Exclusive Exclusive Possession Possession of of the the marital marital residence marital residence (docket nos. 99 & (docket nos. nos. & 10). On or 10), O% 10), % %

around December around December 18, December 18, 2023, 2023, Father 2023, Father filed filed Answers filed Answers to Answers to both to both petitions (docket nos. petitions (docket nos. 12 nos. 12 & 13). 12 & & 13). Judge 13). Judge Judge

Mackrides scheduled aa hearing Mackrides scheduled hearing on hearing on the the Motion Motion for for Special Relief for Special for Exclusive Relief for Possession for Exclusive Possession for for

January Januaiy 19, January 2024. But 19, 2024. 2024. But on But January 2, on January 2, 2024, 2024, Mother 2024, filed aa Petition Mother filed filed Petition for PF Petition for for against Father, PFA against against Father, which Father, which

the trial trial court ex parte granted after an ex court granted parte hearing. The Temporary PFA Order Temporary PFA PFA Order listed Order listed just listed just Mother just as Mother as

aa protected party, excluded Father party, excluded party, Father from from the from the marital marital residence, residence, and residence, granted Mother and granted Mother temporary Mother temporary temporary physical custody physical physical custody of custody of the Children Children (case (case no. (case no. CV-2024-08001 no. 0, docket CV-2024.-080010, CV-2024.-080010, 6) (Krull, J.). 6) (Krull, no. 6) docket no. no. (Krull, A), The The The Temporary PFA temporary Temporary PFA Order PFA Order was was later dismissed upon later dismissed upon Mother’s Mother's motion Mother's to withdraw motion to discontinue the or discontinue withdraw or withdraw the

action (case action action (case no. no. CV-2024-080010, docket no. CV-2024-080010, docket no. CV-2024-080010, no. 10) no. 10) (Lowe, J.). (Lowe. 10) (Lowe. 19, 2024, January 19, around Januaiy or around On or J). On J). On January 19, 20924, 20924,

R.R. R.R. R.R. 2 2 2 2 i i I I i „ ; the parties entered into a stipulation regarding Mother's Petition for Special Special Relief, permitting parties entered into a stipulation! regarding Mother's Petition for Special Relief, pennitting I ' Mother to remain

following remain at at the marital marital residence (docket (docket no. no. 1I18). Also

the trial following an appearance before a hearing officer, the Also on

trial court or around on or around January I9, 2024, Motherto remain at the marital residence (docket no. 18). Also on or around January 19,2024, court issued January I9,

issued a Temporary Custody following an appearance before a hearing officer, the trial court issued a Tempos Custody 2024,

, II Order granting Mother primary physical custody, Father partial physical custody, and and joint legal Order granting Mother primaty physical custody. Father partial physical custody, and joint legal custodyofof . custody of the Children (docket no. 3J6). 36). the Children (docket no, 36). I On 2024, Mother filed On January 30,2024, filed another Petition Petition for PFA PA against Father, which the On January 30, 2(^ aether Petition for PFA against Father, which the trial court granted after an ex parte hearing. The Temporary PFA Order also listed just Mother ■: trial court granted after an ex parte hearing. The Temporary PFA Order also listed just Mother as a protected party, but made made no changes to the current custody order (case no, no. CV-2024- . -as a protected party, but made no changes to the current custody order (case no. CV-2024- 080182, docket no. 3) (Berry, I.). I). After several continuances, on April 4, 2024, following a 080182, docket no. 3) (Berry, J.). After several continuances, on April 4, 2024, following a hearing, the hearing, the trial trial court court dismissed Mother's Mother's Petition for fer PFA (case no, FA (case no. CV-2024-080182, CV-2024-080182, docket hearing, the trial court dismissed Mother’s Petition for PFA (case no. CV-2024-0801 82, docket no.no. no.12)12) (Lowe, (Lowe, (Lowe, J). J.),J).

Starting around this time, many petitions were filed, mostly by Starting by Mother. These petitions Starting around this time, many petitions were filed, mostly by Mother. These petitions mostly requested special relief or for findings of contempt against Father. Father. More importantly for mostly requested special reliefer for findings of contempt against Father. More importantly for this appeal, purposes of this appeal, on or around March 8, 2024, March 8, 2024, Mother Mother filed filed a Notice of Proposed for I purposes of this appeal, on or around March 8, 2024, Mother filed a Notice of Proposed Relocation (docket no, 4!), for which on or around March 14, 2024 Father filed a Counter- no. 41), Counter- Relocation (docket no. 41), for which on or around March 14, 2024 Father filed a Counter Affidavit (docket no. On or around March 26, 2024, Mother no. 44). On Mother filed a Petition Petition for for Custody ? Affidavit (docket no. 44). On or around March 26, 2024, Mother filed a Petition for Custody Relocation (docket no. 48), to which Father filed an Answer on or around April 4, 2024 (docket (docket no. Relocation (docketno. 48), to which Father filed an Answer on or around April 4, 2024 (docket no. 50). Meanwhile, the parties' filings continued. no - M Meanwhile, the parties’ filings continued.

On July 16, 2024, Judge Mackrides the first Mackrides held the first day of trial, but the matter was not tried Oh July 16, 2024, Judge Mackrides held the first day of trial, but the matter was not tried to completion. On July 29,2024, Mother filed a third Petition Petition for PFA against Father, which the to completion. On July 29, 2024, Mother filed a third Petition for PFA against Father, which the trial court, after an ex parte hearing, granted. This Temporary PFA Order listed listed both Mother and trial court, after an ex parte hearing, granted. This Temporary pFA Order listed both Mother and the three Children as protected parties, and and entered a temporary custody order providing for only the three Children as protected parties, and entered a temporary custody order providing for only phone and video calls between Father and the Children pending the next court hearing (case no. phone and video calls between Father and the Children pending the next court hearing (case no. R.R. 3 R.R. 3 3 3 CV-2024-081322, (Berry, J). €V-2024-081322, docket no. 4) (Berry, On August 8, 2024, the trial court dismissed J.). On CV-2024-08 1322, docket no. 4)/ v(Berry ; J ) un0nAupu«8 onok the trial court dismissed August 8, 2024, Mother's Petition following a hearing on the matter (case no. no, CV-2024-081322, docket no. 9) , Mother s Petition following a hearing on the matter (case no. CV-2024-O8 1322, docket no. 9) ’ D). (Bery,J,). (Berry, (Berry, I).

On Agust 16, 2024, Mother filed an Emergency Custody Motion/Petition to August I6, for to Allow for on August 16, 2024, Mother filed ah Emergency Custody Motion/Petition to Allow for Relocation, which Judge Mackrides denied. Still, the filings continued. It appears the matter : which Judge Mackrides denied. Still, the filings continued. It appears the matter was then continued multiple times. At some point, Judge Mackrides ordered a custody ; j w» ttendontinued multiple times. At some point. Judge Mackrides ordered a custody grant evaluation. The custody evaluator recommended that the court approve the relocation and grant evaluation, ^e custody.evah|ator reComn^ primary physical custody to Mother. (See Ex.C-1) primary Ex.C-1.) primary physical custody to Mother. (See Ex, C-l .) My 2025, following judicial reassignment, this matter was assigned to Judge Berry. In May In May 2025, following judicial reassignment, this matter was assigned to Judge Berry. On June 6, 2024, Mother filed another Petition for Contempt, which on June 13, 2025 this trial On On June.6, 2024, Mother filed another Petition for Contempt, which on June 13, 2025 this trial court denied (docket no. no, 149). On June 30, 2025, Mother filed a Motion in Limine, which on ' ■ court denied (docket no. ! 49,. On June 30, 2025. Mother filed a Motion in Limine, which on July 8, 2025 this trial court granted, indicating that the Children would participate inin the custody July 8, 2025 this trial court granted, indicating that the Children would participate in the custody tried the mater trial proceedings (docket no. 152). This trial court then tried matter to completion on July 2l, 2I, , trial proceedings (docket no. 152). This trial court then tried the matter to completion on July 21 , the handling or resolution of the matter 2025, at which time the parties were invited to object to the 2025, at which time the parties were invited to object to the handling or resolution of the matter two different jurists heard it. Neither party objected. On July 30, 2025, this trial court because two ? because two different jurists heard it. Neither party objected. On July 30, 2025, this trial court entered its Final Custody Order as well as Findings of Fact and Conclusions of Law (docket nos. ' entered its Final Custody Order as well as Findings of Fact and Conclusions of Law (docket nos. ' 154 & 155. 155). This trial court proceeded to grant Mother's request for relocation, award primary

IiI : 154 *155). "Jbis trial court proceeded to gram Mother’s request for relocation, award primary physical custody to Mother and partial physical custody to Father (while providing for different physical custody to Mother and partial physical custody to Father (while providing for different custodial periods depending on whether school was was in session) as well as shared legal custody to j . j Pilstodiat periods depending on whether school was in session) as well as shared legal custody to I bothboth parties. parties.

or around On or around August 5, 2025, Father filed aa motion for reconsideration, which this motion for this trial On or around August 5, 2025, Father filed a motion for reconsideration, which this trial and denied on August 25, 2025 (docket no. 168). Father's timely appeal followed. court heard and court heard and denied on August 25, 2025 (docket no. M8). Father’s timely appeal followed.

R.R. 4 R.R. 4 4

I I

i On or around September 9, 2025, Father filed his Concise Statement, which included thirty-sir . On or around September 9, 2025, Father filed his Concise Statement, which included ■ issues' issues' stylizedinin the form inthe form of questions.' issues 1stylized form of questions. 2 I IL. II. IL DISCUSSION DISCUSSION DISCUSSION I Child custody actions are governed by the Child Custody Aet,23 Pa. C.S. $5 Act,23 PA. $$ 5321-40. Child custody actions are governed by the Child Custody Act, 23 Pa. C.S. §§ 5321- -It). Section 5328(a) sets forth the factors that a trial court count must consider when awarding custody.' .. Section 5328(a) sets forth the factors that a trial court must consider when awarding custody? II I Section 5337h) sets forth the ten sets forth ten factors that a trial court court must also consider when when a parent seeks . Section 5337(h) sets forth the ten factors that a trial court must also consider when a parent seeks to relocate with to The party with a child. The pany requesting requesting the relocation, here Mother, has has the burden of . to relocate, with a child. The party requesting the relocation, here Mother, has the burden of the best interest of the children. See id. $ 5337(i) establishing that the relocation will serve the 5337(). establishing that the relocation will serve the best interest of the children. ice id § 5337(i). Mother and Father each have the burden of establishing the integrity of their their motives in either Mother and Father each have the burden of establishing the integrity of their motives in either seeking the relocation or seeking seeking to prevent the relocation. See id. "[TJhe paramount concern of id. "[T]he j seeing the relocation orseekfag to prevent the reiocati p^ ount TOncern o( the trial court is the best interest of the A.. the child." A.V, S.T., 8787 A.34 818, 820 (Pa. (Pa. Super. 2014). ?:«< * Wal is die test interest of the child.” A.Kv.S.T., 87 A.3d 818, 820 (Pa. Super. 2014).

This trial court incorporates the reasoning set forth in its July 30, 2025 2025 Findings of Fact This trial court incorporates the reasoning set forth in its July 30, 2025 Findings of Fact and Conclusions of Law as responsive to the issues of whether it abused its discretion, and Conclusions of Uw as responsive to the issues of whether it abused its discretion, law, acted unreasonably, or committed reversible error in its analysis or misapplied the law, ... misapplied the law, acted unreasonably, or committed reversible error in its analysis or '

I pis pH trial lengthy lengthy lengthy tial court explanations explanations explanations appropriately Appropriately concise ass““ ** ’’t5 court observes that Rule 1925 requires that the Statement should not be redundant or provide as to any error. Where non-redundant, as tomanner, maer, lta« the ’Statement nor-redundant, no-frivolous nor-frivolous of errors raisednon-frivolous numbernon-redundant, the Where any error. should not be are issues issues will not aloneissues redundant set forth forthfinding are set for be grounds in inprovide orin an waiver." waiver" I See Pa. Pa. RA.P. 1925(h)(4), 1925(h)(4). For unknown reasons, reasons, the Order this trial trial court signed on August1 August 27, 2025 is I not yet reflected included reflected on the docket (even though included contemporaneously with though this is likely a fast-track the notice with the notice of of appeal). In ft-track appeal requiring the any event, event, this this trial court the statement to be i contend the contends that the Statement is not concise and quite redundant, In any court respectfully arguably serves as a basis to quash redundant, which arguably I „ Father's Father's appeal its entirety. See id appeal in its id -***->«. which arguably serves as a basis to quash he trial court notes that posing the concise statements"as The as questions confusing, and that [w]ben questions is confusing. "[w]ben a * Thecourt court trialhas whatposing notes that to guess an “concise issuesthe Appellantstatements” Appellant is appealing. questions as that that is confusing is not enough and that “ton™ for meaningful review."a See Coomeatl v. Commonwealth , MeCree, Me-Cree, 857 $$7 A.24 192(%. Super, 2004) (internal quotation marks omitted) A.2d 188, 192(Pa. omitted. i-ississsrsBS' This rial respectfully contends thatssnsrssrj triad court respectfully the statement is often unclear, and that that this arguably arguably serves as a basis to quash Father's besis to Faber's appeal in part or in part or in its entirety. in its entirety.

The General Assembly amended 29, 2025. Both days of amended Section of the trial as well SeCti Section 5328(a) °n 5328 53284a) on

(13) in Father’s (1)in (1)in Father's favor. Retrial favor. Father's favor. trial court The trial The found $$§532800(1), found court found 5328(a)(1), (2), 5328(a)(1), (2), (2,1), (2.1(a), (2.1), (2), (2.1), (2.1)^^^ (2.1(a), (5), (6), (5), (6), (7),(9), (7),(9),

.

to to the to the relocation relocation factors, this relocation factors, this court weighed trial court this trial (3), (4), 5337()02), (3), weighed $§ 5337(h)(2), 5337()02), (3), (4), and (7) (6), and (4), (6), (6), and (7) in (7) in Mother’s in Mothee¢ Mothee¢

■ favor. trial court This trial favor. This weighed $§ 5337(h court weighed X 5) and 5337(¥5) 5337(¥5) (8) in Father’s (8) in and (8) in Father's favor. The Father's favor The trial The trial court found trial court court found found

: $§ 5337h)(1), 5337(h)(1), (9), 5337h)(1), to (10) to and (10) (9), and be neutral. to be neutral. neutral. (See pp. 45-50.) at pp. id. at (See id. pp. relatively voluminous The relatively The 45-50.) The 45-50.) relatively voluminous voluminous

recotd record amply record amply supports these findings. supports these findings. Although findings. Although on on an annual basis annual an annual basis Mother will remain Mother will Mother will the remain the remain the

primary custodial pnmary primary custodial parent, custodial parent, this parent, this trial trial court granted Father granted court granted primary physical Father primary primary custody during physical custody physical custody summer summer during summer during break, and r^ uirea Mother 3 break, required required Mother 10 Mote provide almost all transportation to provide almost to almost provide all transportation between the all transportation between the residences. between residences. residences. (See (See Trial Trial Court Court Order, Order, 7/30/2025, Order, 7/30/2025, at 7/30/2025, at pp. at pp. 1-6.) pp. 1-6.) 1-6.)

In revicwing . r JIn reviewing aaa custody reviewing custody order, custod order, [the order» [the [ appellate court’s] the appellate appellate court's] scope court's] scope isis of is of the broadest the broadest broadest type type type and [the and appellate court’s] appellate [the appellate court's] standard is court's] standard standard is abuse of discretion. abuse of discretion. [The appellate discretion. [The [The appellate court] appellate court] court] must must must aoocpt findings of accept of court that of the trial court court that are supported by that by competent evidence of competent evidence competent of record, record, as record, as [the appellate [the court’s] role court's] appellate court's] role does not role not include include making independent independent making independent factual factual determinations. determinations. determinations. In a™ In 00 with addition, addition, with regard regard toto issues of to issues of credibility credibility and credibility and weight weight weight of of the the evidence, [the evidence, evidence, [the appellate [the appellate appellate count] must defer court] must count] must defer to defer to the to the presiding presiding trial trial judge judge who who viewed viewed andand assessed assessed the witnesses first- the witnesses witnesses first- first- hand. hand. However, hand. However, [the However, [the appellate court is] appellate court is] not not bound by not by the trial trial court’s court's deductions court's deductions or deductions or or inferences inferences from its factual inferences from its its factual factual findings. findings. Ultimately, Ultimately, Ultimately, the the test test is whether the is whether is whether trial court’s the trial cou'g cou'g conclusions are conclusions are unreasonable unreasonable as as shown shown by by the the evidence evidence of of record. record. [The record. [The appellate appellate court] [The appellate count] count] may reject may conclusions of reject the conclusions of the the trial court only trial court only if only if they they involve involve anan error error of law, are of law law, or or or are are unreasonable in unreasonable in in light light of of the the the sustainable sustainable findings findings of of the the trial court. trial cour cour

••• *••• **

The evidentiary The evidentiary record evidentiary record of record of aa custody custody appeal custody appeal will appeal will often often support often support aa conclusion support different than conclusion different conclusion than than I ' the one reached the one reached by reached is not by the the lower not aa sufficient That the court. That lower court. lower court. That the trial the trial court court’s could have court could court count's decision. found for have found decision. Deference for [the for Deference must [the [the other other other be given I party]is party]is not sufficient basis basis to reverse the to reverse the count's decision. must be must given to given to to the the trial court, court, who court, who viewed viewed the parties, the the parties, the witnesses, and the witnesses, and witnesses, the evidence evidence firsthand. firsthu

Whie * v. Maiec 296 A3d ^ 296 Malecki, 296 A.3d 1210 A.3d 1210, 1213, 1215 1210,> 1213, 1213, 1215 (Pa. 1215 (Pa. Super. (Pa. (quotation omitted). 2023) (quotation Super. 2023) Super. 2023) omitted). omitted). R.R. R.R. R.R. 6 66 ii A custody analysis "is not A custody analysis scorecard and not a scorecard and any select factors may serve as the not a scorecard" and any select factors may serve as the behind a trial court's decision, motivating force behind decision, so long as the trial court gives substantial I ; 5l^ vaJIn ® ^oree ^9hind a trial court’s decision, so long as the trial court gives substantial weighted consideration toto the factors that affect a child's safety. factors that White , safety. See Whie • Malecki, 296 296 A.3d ; /weighted consideration to the factors that affect a child’s safety. See B M^eeld, 296 A.3d

1210, 1214 (Pa, (Pa, Super. 2023). See also 23 Pa. C.S. $$ 5328 (naming the See also the safety-related factors). factors). ' 1210. 1214 (Pa. Super. 2023). See eke 23 Pa. C.S. §5328 (naming the safety-related factors), The The Superior Court has explained that the amount of weight a trial court factor is count gives any one factor nte Superior Court has explained that the amount of weight a trial court gives any one factor is entirely discretionary. almost entirely

Custody Act M.L. G., 63 4.3d discretionary. See M.J.M. • M.LG., A.34 331, 339 (Pa. Super. 2013). "The J almost entirely discretions^, SeeM.JtlKy. M.L.G., 63 A.3d 331, 339(Pa Super. 2013). “Ute requires only that the trial Act requires trial court count articulate articulate the reasons reasons for its custody decision... for its Te iI ;, Custody Act requires only that the trial court articulate the reasons for its custody decision

J required is that there is no required amount of detail for the trial court's explanation; all that is required there is no.required amount of detail for the trial court’s explanation; all that is required is that ! • the enumerated factors are considered the considered and that the custody decision is based on those the enumerated, factors are considered and that the custody decision is based on those considerations." See id. at 336 (internal citations omitted), considerations." See id at 336 (internal citations omitted). This trial court addressed all factors, noted what what weight it gave each factor, and and explained This trial court addressed all factors, noted what weight it gave each factor, and explained which factors motivated its decision. With respeet motivated its respect to the custody factors, this trial court which factors motivated its decision. With respect to the custody factors, this trial court explai explained it put particular emphasis on the factors factors relating to each parent's involvement in the : explained it put particular emphasis on the,factors relating to each parent’s involvement in the Children's daily life and completion of parental duties, which favored Mother. See23 See 23 Pa. Children’s daily life and completion of parental duties, which favored Mother. See 23 Pa. C.S. PA. CS. i $ 5328(2)3) & (4). (See(See also atso Trial Court Opinion, 7/30/2025, p. 52.) With at p. 7/30/2025, at respeet to the With respect § 5323(a)(3) & (4). (See eke Trial Court Opinion. 7/30/2025, at p. 52.) With respect to the

I! relocation factors, this relocation factors, this trial court explained it put particular emphasis on factors relating on the fctors io relating to r. relocation factors, this trial court explained it put particular emphasis on the fectors relating to the Children's educational development and the and quality quality of Life, favored Mother. See 2J Life, which also favored the Children’s educational development and quality of life, which also favored Mother. See 23

Pa - CS. $5337(h)02) & (7). (See Pa.C.S. (See also Trial Court Opinion, 7/30/2025, at p. SL) CS- § 5337(h)(2)* (7). (See eke Trial Court Opinion, 7/30/2025, at p. 5

trial court emphasized its fiding

Children finding that

Children was feasible through suitable custody arrangements, and altered the custody 5L.) Further, Further, this 1.) Further, this that preserving the relationship between Father and ’ trial court emphasized its finding that preserving the relationship between Father and the Children was feasible through suitable custody arrangements, and altered the custody the and the this

l than he had enjoyed for the arrangement so that Father overall had more overnight custody than , aiWhgement so that Father overall had more overnight custody than he had enjoyed for the previous eighteen months. See 23 Pa.C.S. $ 5337(¥3). (See also Trial Court Opinion, 5337(h)03). (See previous eighteen months. &e23Pa.c.S. § 5337(hX 3). (See eke Trial Court Opinion, 7/31/2025, 53-54.) pp. 53--54.) at pp.at53—54.)

I 7/31/2025. R.R. 7 R.R. 7 71

! 7 I At At the onset, this trial court notes that what Father really really asks on appeal appeal is for for the At the onset, this trial court notes that what Father ready asks or. appeal is for rhe

I appellate evidence--namely, to assign determinative weight to the appellate court to re-weigh the evidence-namely, the factors ’ / appellate court to re-weigh the evidence-timely, to assign determinative weight to the factors coaching the that address Mother alienating the Children from Father, coaching the Children, and refusing to C Mm address, Mother alienati^theChUdren from Father, coaching the Chikta, and refusing to I with Father. The parties cannot dictate cooperate with dictate the amount of weight the trial trial court count places on cooperate with Father. “The parties cannot dictate the amount of weight the trial court places on evidence." A.V. , S.T,, 87 A.3d A.1d 818, 820 (Pe. Sper. 2014) (internal quotation omitted). In any (P%. Super. evidence. wS.T„ 87A.3d818, 820(Pa. Super. 20 1 4) (internal quotation omitted). Inany now turns to the thirty-six event, the trial court now thirty-sir issues raised in Father's Concise Statement. , event, the trial court now turns to the thirty-six issues raised in Father's Concise Statement. Ihe rial •I. The. did trial court did not commit an error of Jaw not commit.as kw or.abuse of discretion in weighing abuse of weighing * thecustody custodyfactors, .custody ** factors, fcars <”" l"lit "" or abuse of discretion In wriahia, the ■ - - - ai - - In his first issue raised in his Concise Statement, Father ask: asks: In his first issue raised in his Concise Statement, Father asks: Did the Did the trial trial court court commit commit an an error error oflaw law and'or and'or abuse ofdiscretion abuse of discretion by failing to byfailing to adequately weigh the adequately weigh \

The trial court expressly considered and weighed all sixteen custody factors. (See (See Trial The trial court expressly considered and weighed all sixteen custody factors. (See Trial Court Count Opinion, 7/31/2025, at 37-45.) The amount of weight a trial court gives any one factor is Court Opinion, 7-31/2025. at 37-45.) The amount of weight a trial court gives any one factor is almost entirely discretionary. See M.J.M..,63 See M.J.M., 63 A.3d at 339, 339, To Father disagrees with To the extent Father ; almost entirely discretionary. SeeMJ.^ 63 A.3d at339. To the extent Father disagrees with

I the amount of weight the trial court afforded each factor, {he] "{he] cannot dictate the amount of ' theamount of weight the trial court afforded each factor, “[he] cannot dictate the amount of weight the trial court places on evidence." See See A.V., 87 A.3d at 820. : weight the trial court places on evidence.” See A. V., 87 A.3d at 820. 2. The 2. The trial eeurtdid trialseosrt did not not commit an error commit.an of law error of or abuse la or of ofdiscretion abusefdiscretion Xbe trial court did not commit an error of law or abuse o its itapplication its application I of of the.custody of thethe custody custody factors meter factors. : ! -- - ~ In his second issue raised raised in his Concise Statement, Father asks: In his second issue raised in his Concise Statement, Father asks: Did the trial trial court court commit commit an an error law and/or error oflaw and/or abuse ofdiscretion in abuse of its application of in its of d°Pirnit the custody factors as errorin anforth as set vet forth 23 C.S. $abuse Paand/or inoflaw 23 Pa.C.S. 5328(a)(1) its application of throughin(a)(16)? ofdiscretion 5328(a)(l) through (a)(16)? the custodyfactors as setforth in 23 Pa C.S. $ 5328(a)(1) through (a)(16)? Although the verb used has switched from "weighed" applied," this is the same as weighed" to applied," Although the verb used has switched from “weighed" to “applied,” this is the same as Father's first issue, The trial court expressly considered and applied all sixteen custody custody factors. factors

I Father’s first issue. The trial court expressly considered and applied all sixteen custody factors, (See Trial Court Opinion, 7/31/2025, at pp. 37-45.) A custody analysisis is not aa scorecard" and r (See Trial Court Opinion, 7/31/2023, at pp. 37-45.) A custody analysis “is not a scorecard" and any select factor(s) may serve as the motivating force behind a trial trial court's decision. See White ■any select factorfs) may serve as the motivating force behind a trial court’s decision. See Mute, R.R. R.R. 8 8 I 8 8

I 296A.3d L214. To the extent Father believes other factors should have been the motivating A.3d at 1214. .296 A3d at 1214. To tfefttenlRuher believes other factors should have tea, the motivating force behind the trial court's ultimate decision, again, [he] cannot dictate the amount of force of weight behind the trial court’s ultimate decision, again, -[he] cannot dictate the amount of weight I court places on evidence." See A. the trial court A.V., 87 A.3d at ,,87 a1 820. : : SeeA.K, 87 A.3d at 820. 3. tial 3. Ile court's court's desision 1he. tial wt et decision was et againstthe weight aaisst the of the weiht of or sidense, srsdible thesxidenee, or srsdible i * otherwise, otherwise ’ ,y, "“* aw ^‘dence. eredlhie nr

In his third third issue raised in his Concise Statement, Father asks: In his third issue raised in his Concise Statement, Father asks: With regard to was the to custody factors was the trial trial court's 's decision against the weight ofthe III II, regard evidence in to custody factors contradiction was to the to bulk trial theof bulk court’s credible credible decision against the weight nftho evidence? I I I evidence mcontradiction to the bulk of credible evidence? * This is also functionally the same as Father's first and and second issues in that tbat he is asking This is also functionally the same as Father's first and second issues in that he is asking

. ■ the^llate court lo re-weigh the evidence. The trial court considered all evidence- ; the the appellate court to re-weigh the the evidence. The trial trial court court considered all evidence- evidence

unsurprisingly, Father identifies no specific piece of evidence that the trial court failed to unsurprisingly, Father identifles.no specific piece of evidence that the trial court failed to I consider, he just disagrees with how the trial court weighed it. (See Trial Court Opinion, consider, he just disagrees with how the trialcourt weighed it. (See Trial Court Opinion, 7/31/2025, at pp. I-36, 1-391.) Yet again, [he] pp. 1--36,(1--391.) of weight the trial "[he] cannot dictate the amount of 7/31/2025, atpp. Wb, W 1-391.) Yet again, »[he] cannot dictate the amount ofweight the trial See A.,, 87 A.3d at 820. court places on evidence." See I court places on evidence.” See A. K, 87 A.3d at 820. Most credibility findings the Court made were beneficial to Father: that Mother Mother was not Most credibility findings the Court made were beneficial to Father: that Mother was not credible in fearing for the safety the Children when safety of the Father was credible when in Father's care, that Father credible I . .credible in; fearing for the safety of the Children when in Father’s care, that Father was credible in asserting Mother attempted to tum the the Children against him, that Father was credible in in stating in asserting Mother attempted to tum the Children against him, that Father was credible in stating he never abused abused the Children, that that Father was was credible in stating Mother was was obstinate, that I he never abused the Children, that Father was credible in stating Mother was obstinate, that Father was credible regarding the Children's sudden and unusual request to to relocate, and that I Father was credible regarding the Children’s sudden and unusual request to relocate, and that Father's witness Molineux was credible regarding Mother's hostility. (See (See Trial Court Opinion, Father’s witness Molmeuxwas credible regarding Mother’s hostility. (See Trial Court Opinion, 7/3102025, 51.) But the trial Court 7/312025, at pp. 42, 46-48, 51) Court also found some of Mother's Mother's testimony 7/3172025, at pp. 42, 46-48, 51.) But the trial Court also found some of Mother’s testimony credible. (See id. id. at pp. 51--52.) And the trial court found as the motivating force for for its decision rouble. (See id. atpp. 51-52.) And the trial court found as the motivating force for its decision different factors than those implicated by the above findings, as it fully explained its opinion. Afferent factors than those implicated by the above findings, as it fully explained its opinion. (See id at (See 51-S4.) A at pp. 51-54.) A custody analysis "is not not a scorecard" and any select factor(s) may serve scorecard" and A custody analysis “is not a scorecard” and any select factors) may serve as the motivating force force behind a trial court'seqion9See 'sgegiion9See White, 296 A.3d at at 1214. as the motivating force behind a trial court’sj^ionQfe White, 296 A.3d at 1214. • 9 9 more than 4. ^ evidence was more than suffi 4. 4. The evidence The evidence was was more than support the the trials support sufficient to support the trial sufficient trial court's decision, court's decision, In his fourth In his fourth issue issue raised raised in in his his Concise Concise Statement, Statement, Father Father aske: aske: In his fourth issue raised in his Concise Statement, Father asks:

With regard to With regard to the the custody custodyfactors custody factors was factors was the was the evidence the evidence presented evidence presented by presented by Mother insufficient to insufficient to mpport support the trial court's mpport 's decision confirming s decision decision confirming confirmin physical custody primary physical g primary custody custody in in in Mother? Mother? Mother?

The evidence The in in this evidence in this matter is matter is and more voluminous and is voluminous more than than sufficient to support sufficient to the trial support the support trial

court's court’s decision. court's decision. On the decision. the first day day of of trial trial alone, alone, in alone, in addition addition to addition her testimony. to her testimony, Mother testimony, admitted Mother admitted Mother admitted

. thirty-one exhibits including thirty-one exhibits including the including the lease-to-own the contract regarding contract lease-to-own contract regarding the regarding the home, home, data home, the New on the data on New New Jersey schools, Jersey Jersey schools, data on and data schools, and on the the New Jersey area. New Jersey New Jersey area. (See area. Exs. P-27, (See Exs. Exs. P-29,) Those P-28, & P-29.) P-27,P-28,& P-27,P-28,& P-29,) exhibits, These exhibits, These exhibits, as well as }vell as well of testimony plenty of as plenty of testimony it it relied relied on, relied on, completely on, completely support support the support factors that the factors this trial that this court court trial court

relied on relied relied on as as the the motivating force for motivating force its decision. its for its Court Opinion, 7/3 Court Opinion, Trial Court (See Trial decision. (See decision. Trial Opinion, 1/2025, at 7/31/2025, 7/31/2025, at pp. at 51- 5I- pp. 5I- 54. 54. See 54. also N.T. also Set also N.T. 7/16/2024 at 7/16/2024 N.T. 7/16/2024 pp. 80-90.) at pp. pp. 80-90.) Further, Further, it Further, it undisputed that for undisputed that was undisputed it was the eighteen for the eighteen eighteen months leading months leading up to to the up to relocation the relocation relocation trial, Mother trial, Mother Mother had been the had been primary custodian. Children's primary the Children's primary custodian. custodian.

(.See id (See p. id. at p. 29,314 p. 29, 314 & 29,314 pp. 52--53.) & pp. pp. 52--53.) Finally, even though 52-53.) Finally, Finally, court discounted the trial court though the discounted the the

probative value probative value of the Children's Children's testimony, it found that the Children Children’s testimony, testimony, Children were Children close with were close with their their

Mother and wanted Mother Mother wanted to wanted to New to relocate to to Jersey, a set of circumstances which New Jersey, Jersey, which made in the made ititit in in the best the best

: of the interests of interests Children for the Children Mother to Mother for Mother to have have primary primary physical physical custody physical custody during custody during the during school year. the school school year. year. (See (See id. id. at at pp. 52-53.) pp. 52--53.) pp. 52--53.)

5.’ 5 The committed no court trial committed no errorof law The trial court committed error of no error of or discretion abuse discretion or abuse law or abuse of in finding of discretion in in that finding that that $.$. 532(62.±ligtusbx ^5328fa)f3) slightly favored 532(62.±ligtusbx favored Mother. Mether. In his In In fifth issue his fifth fifth raised in issue raised raised in his Concise Statement, his Concise Statement, Father Statement, asks: Father asks: asks:

Did the Did the trial trial court court commit commit an an error error of of law law and/or abuse law and/or and/or discretion in abuse ofdiscretion in finding that 23 finding that finding Pa. CS rd Pa. CS $5328(a)(3) 5328(a)(3) 5328(a)(3) slightly slightlyfavors mother due to to the to current custody the current current custody arrangement? arrangement? Again, Father is Again, Father Again, is asking the appellate is appellate court court to court to re-weigh evidence. The re-weigh evidence. re-weigh evidence. The record more than is more record is than

adequate to adequate support the to support the trial court’s analysis regarding court's analysis trial court's the parental regarding the duties performed parental duties parental performed by performed each by each

party °n party party on behalf on behalf of of the Children. (See the Children. Children. p. 40.) at p. id. at (See id. at p. 40.) Importantly, Importantly, it Importantly, it was was undisputed was undisputed that for undisputed that that for the for the R.R. R.R. R.R. 10 10 IO eighteen months eighteen months leading leading up leading to the up to to the relocation relocation trial, relocation Mother had Mother trial, Mother been the had been Children's primary the Children’s Children's primary primary custodian and custodian and completed completed parental completed parental duties parental duties consistent consistent with consistent with her with her award of (temporary) award of (temporary) primary (temporary) primary primary custody. p.29 $314 at p.29 & pp. $314 & custody. (SeezW.atp.29f314&pp.52-53.) custody. (See id. at pp. 52-53.) 52-53.)

6. 6. cogrt trial cogrt The trial committedno committed error of error no ern,r lawor of law or abase abuse of discretion abuse discretion fa n„^„„ that in finding finding that ± 5328(a¥4 5328(a¥4 5328 favored Motter. favored ^ 4) favored Mother, - -

his sixth In liis his sixth issue sixth in his raised in raised issue raised in his Concise Statement, Statement, Father Statement, Father asks: asks:

Did the Did the trial cot commit trial cot commit an error of an error of law law and/or abuse of and/or abuse discretion in ofdiscretion in finding that 23 finding that 23 Pa. CS.- $5328(a)64) ■ CS Pa. CS. 5328(a)64) favors mother due 5i28 (?)(4) favors favors due to current custody to the current to current custody’ arrangements? custody arrangements? arrangements?

Again, Again, Father is asking the is asking asking appellate court the appellate appellate court to court to re-weigh to re-weigh The record evidence. The re-weigh evidence. evidence. record is more record is more than more than than

adequate to adequate to support to support the support analysis regarding court's analysis trial court’s the trial court's regarding the regarding the need need for for stability stability and continuity stability and in the continuity in continuity in the the

Children's education, family Children’s education, Children's education, family life, community life. and community life, and life. (See (See id. id. atp. at p. 40.) 40.) This 40.) relocation matter This relocation relocation matter matter

was unusual was was unusual in that the unusual m in the Children the Children had spent significant tire in significant time tire in the in relocating area the relocating relocating during their area during during their their

whole lives as Whole lives whole as well as more often recently, recently, recently, so so the Children had established established social established social relationships social relationships in relationships in in New Jersey and Jersey New Jersey were already and were already attending summer camp summer attending summer camp there. there. (See there. id.) The (See id.) id.) Children, although The Children, Children, although although coached, wanted coached, coached, to spend wanted to spend more more time time in in New in New Jersey. New Jersey. (See Jersey. (See id. id. at p. 47.) at p. p. court could trial court The trial 47.) The 47.) court cout cout easily find easily easily find that find sending the sending that sending the Children Children back Children back to to Pennsylvania Pennsylvania half half the time could the time as aaa serve as could serve could serve as

significant disruption significant disruption disruption to stability and continuity to the stability stability in their lives, continuity in continuity in lives, and lives, and it did. did. (See id. at (See id. p. 40.) at p. at p. 40.) 40.) The record The record supports supports that that conclusion. conclusion

ln its ln In its discussion, the its discussion, discussion, trial court acknowledged trial court the trial court acknowledged that by that acknowledged that its very its by its very nature, nature, granting nature, "a “a granting "a granting

y- necessitates some relocation necessitates relocation discontinuity in some discontinuity some discontinuity in the in Children's education the Children’s Children's education and education and community life.” (See life." community life." community (See (See II id. at at p. 54.) Implicit in in in this was this trial acknowledgement was this acknowledgement court’s understanding ll id. p. 54.) p. this acknowledgement was court's trial court's understanding that understanding that the the the

impact impact of impact of its its decision its decision would would involve involve aa change in the in change in Children's as well schools as Children's schools the Children’s well as some well as of their of some of their their

gg sports teams. (See teams. sports teams. id) But id.) (See id.) But this But this trial court ultimately trial court ultimately it could that it found that ultimately found could maintain the could maintain the children’s children's children's

ties to the non-relocating ties to to non-relocating community non-relocating community and that in and that that in any in event, event, this any event, this factor factor was was “not was not controlling" in not controlling” controlling" in its in its its I ' I “ decision. (See final decision. id) In (See id) In wishing In wishing the Couft wishing Coup ggiderg! Coup c^side^ the disruption to the disruption to their lives to different or lives different or , I 11 I i assigned controlling weight to this factor, it bears repeating that [Father] cannot dictate the * controlling weight to w

the trial court amount of weight the count places on evidence" A.V,, 87 A.3d at 820. evidence." See A.,,

7. The trial Ihe court rial court committed e ao error of law abuseof law or bee discretion e of die.reties in finding finding that $ 5224019) sored Mother. iiS^^JlSll««LO£jl«

In his seventh issue raised in his Concise Statement, Father asks: in fe^-^^^»e 1?U^Jn.WCto w ^s,»««m^ Fa fl l^ Did the trial court commit an error of law and/or abuse ofdiscretion in finding that 2 C.S $5328(a)/(10) Pa. CS 5328(a)(10) slightly favors Mother due to the current custody arrangements?

Again, Father is asking the appellate court tovue

I ip me current custody arrangements? is more than gain, re-weigh evidence. The record to re . weigh roord .

adequate to support the trial court's analysis regarding which party is more more likely to attend to the the regaifflng to

daily physical, emotional, developmental, and special needs of the Children. (See(See Trial Court ?? .m«^ nMds of 52-53.) Again, it Opinion, 7/31/2025, at pp. 43, 52-53) undisputed that for the eighteen months it was undisputed Option. 7/3 i/2025, at pp. 43. 52-53.) Again, it was undisputed that for the eighteen months I the relocation trial, Mother had been the Children's primary custodian and leading up to the ' leading up I0 the «„ trial, Mother had been the Chtidren. pfimmy custodian and completed parental duties consistent with her award of (temporary) primary custody. (See

p.29$314 & pp. 52-53.) The Court's finding was also consistent with the (See id, at I the findings of the

I P: . 1 &pp.52 53.) The Court's finding was also consistent with the findings of the Evaluator, who noted the Children complained of physical discomfort and yelling by Father. Father. :s ^uatOA who noted the Chiidtenctmtpiaw

(See ld pp. $$55-60, 64-69.) id at pp. 7-8, %55-60, ( see id at pp. 7-8,

8. 8. 55-60, 64-69.) eourt The. trial Ihe eemmuted.ne court committed error of no error of la or abue law or abuse, of of dhertion discretion in in findins finding that ' 5328(a)M12)slightly $ 5324012 htt f:red lie fored Moher. Mother In his eighth issue raised in his Concise Statement, Father asks: In his eighth issue raised in his Concise Statement, Father asks: Did the trial court commit an error of law and/or and'or abuse of discretion in finding that 2J 23 Pa. CS. $5328(a)(12) Pa 528(a)(12) slightlyfavors Mother due to the current custody arrangements?

evidence. The record is more than Again, Father is asking the appellate court to re-weigh evidence, Again.: Father isaskingthe appellate eonntom-weigh evidence. The recon, is mom than adequate to support the trial court's analysis regarding which party is available availabic to care for thc the ^40 support the trial court’s.analysis regarding which party is avaiiabie to cam for the Child. (See id. Child. at p. 44.) Again, it was undisputed that for the eighteen months leading up to the id, at

relocation trial, Mother had been the Children's primary caretaker consistent with her award of relocation trial. Mother had been the Children’^ < hlldren primary caretaker consistent with her award of (temporary) primary custody. (See p.3El+$pp. (See id. at p.El+pp. 52-53.) (temporary) primary custody. (See id. atp.^9^314 -fenn 52 a t trial court 52--53.) And even if the trial A t. F R. R.

12 f£PP- 52-53.) And even if the trial court 12 i I I \ had committed an error of law or abuse of discretion regarding $& 5328(a)(12) 328(a(12) (t(it did not), as the had committed an error of Jaw or abase of discretion regarding § 5328(a)(l2) (it did not), as the trial court explained, this factor is not one that served as a motivating force for its ultimate I trial pourt explained, this factor is not one that served as a motivating force for its ultimate decision. (See decision. id atatpp. (Seeid. pp. 51-54.) 51--54.)

9. 9. The trial fhe trialcourt sort did did not.give not.giye Mother undue. Mother consideration or undue consideration or credit, sredit,itit simply 9- ate w court did aot eive hMterundue consideration or Credit it simnlv determined.what determined.what was in the best was in the best interests of ofthe the Children. In n his ninth issue raised in his Concise Statement, Father asks: In his ninth issue raised in his Concise Statement.: Father asks: I' I ' Did the trial court commit an error Did trial ppurt undue considerationcommit an consideration and/or credit error of law error of creditfor law and'or law for the and/or abuse of and/or abuse of of discretion in going discretion factors as the previousfour factors in as Mother giving Mother giving Mother Mother manipulated manipulated I i' and/or took took unfair advantage advantage^Wrtheprevi^^ of the judicial process in improperly judicial process Mother mLpulated obtaining primary physical custody ^antage physical the minor of the children andprocess thejudicial minorofchildren ond then in improperly then being able able to to retain primaryprimary obtaining retain primary physical custody of the custody the minor children for minor children for approximately two able being two to retain (2) years (2) years as the as partiesphysical primary the parties awaited awaited the conclusion of the conclusion of custody trial? the custody trial? '

Father not only mischaracterizes the trial court's findings, findings, but he also essentially seeks to Father not only mischaracterizes the trial court’s findings, but he also essentially seeks to I I the best replace the well-established standard that "the paramount concern of the trial court is the «We the well-established standard that “the paramount concern of the trial court is the best I I parties. See interest of the child" with another more focused on tallying the actions between the parties, interest of the child” with another more focused on tallying the actions between the parties. See A.,, A.N.,87A.3d at 820. Initially, the trial court never found that that Mother manipulated or took <4. K, 87 A.3d at 820. Initially, the trial court never found that Mother manipulated or took '

unfair advantage of unfair of the judicial process or or that she improperly obtained primary custody. But unfair advantage of the judicial process or that she improperly obtained primary custody. But even if not have precluded the (it did not), such findings would not if it had (it the trial court from granting even if it had (it did not), such findings would not have precluded the trial court from granting the request for relocation or awarding primary physical custody to Mother. The The tri trial court is I the request for relocation or awarding primary physical custody to Mother. The trial court is tasked tasked with determining what is in the best interest of the children, plain and and simple. Father tasked with determining what is in the best interest of the children, plain and simple. Father seems to want to replace this standard with another more focused on a parent parent versus parent seems to want to replace this standard with another more focused on a parent versus parent standard. This is not the legal reality. See id. lad standard. This is not the legal reality. See id. trial court Further, the trial court did not give undue consideration or credit to Mother in its analysis Further, the trial court did not give undue consideration or credit to Mother in its analysis of $ 5328(a)03),(9) (10). or (12). The trial court simply acknowledged the undisputed fact that 5328(a)039), (4), (I0). of § 5328(a)(3), (4), (10). or (12). The trial court simply acknowledged the undisputed fact that Mother had been the Children's primary caretaker for about the last eighteen months. (See Trial Mother had been the Children's primary caretaker for about the last eighteen months. (See Trial Court Opinion, 7/31/2025, at pp. 52--513.) 52-53.) And to be sure, in considering those factors, the trial Court.Opinion.7ai/2025, atpp. 52-53.) And to be sure, in considering those factors, the trial I not exclusively rely on the court did court did not •Court didnot exclusively relyon the the fact ofghereejgjng ghereejsjng legal legal arrangement in reaching its legal arrangement in teaching its ' l3 13 13 ! I conclusion. The Children appeared to be in in good health health and well-cared-for during their their i'

j discussion discussion with with the the trial court. The The trial trial court noted that the Children court The triai court that Children did not express childrcn express any any upset upset II or reservations in their current arrangement and was therefore able to conclude that the : S. ornate in their cumrnt arrangement and wastherefore able to conclude that the arrangement was working well. (See id.*atJ2J 52.)ft It observed that the Children were were close with I , ' theirMother. their Mother.(See id.) (Seeid.)

The trial court further notes that (4), (10), and (2), that in cherry-picking $ 5328(a)03),(4), (12), Father trw court further notes that in chenypieking $ 5328(a)(3), (4), (10), and (12), Pate he particular emphasis the trial court placed on at least ignores the Father

least three other factors that guided its I I , <( wees rhe pabular emphasis the trie! court pted on at least three other facte that guided its decision. (See id. id at pp. pp. 55I-56.) The trial court did not even put particular emphasis on three of 1-56.) The

I decision. (^ W atpp..5 M6 .) The trie! court did not even put partlcuiar emphasis on three of Father's four cherry-picked factors. analysis "is (See id) A custody analysis factors. {See is not a scorecard" and any . 1 father’s four cheny^ticked factors. 0^ A custody analysis “is not a scorecard” teeny select factor(s) may serve as the motivating force force behind a trial court's decision. See White. 296 .; seta factor® may serve as te motivating tee behind a trie! court’s decision. See 296

A.3d at 1214. To the extent Father believes the trial court got these cherry-picked factors wrong, AW at 1214. To the extent Father believes the trial court got these cheny-pieked factors wrong, and that the "corrected" factors should motivate changing the trial court's ultimate decision, he is af, d that the “corrected” factors should motivate changing the Mal court’s uhimate decision, he is incorrect. Again, "[he] cannot dictate the amount of weight the trial court places on evidence." evidence." ., .ncotet. Again, “[he] cannot dictate the amount of weight the trie! court .piaces on evidence.” A.., 87 A.3d at 820. See A..,

.at ^e^.K,87A.3d at 820. 10. court 10. The.trial The til court diddid not commit any error of.or kw abuse of discretion in fiadin fiudins that ”' $.53286)614) lib.thy favored ±.52286./14) slightly .Mother error favored.Mathe of te siyen or ahn^ Father's „r reticence retisense. in taking t he h hair ^. ■ eRhair folliele follicle.test.as well.as the.ample the.ample record evidenee suggesting record evidense uzzsstinz Father at one.point.may one point ma havehave have sbused abused abused alcohol alcoboL mp — ^ vi ence sugg^ting Father at one point may \ In his tenth In tenth issue raised in his Concise Statement, Father asks: In his tenth issue raised in his Concise Statement, Father. asks: Did the trial court commit an error of law and/or abuse ofdiscretion in finding that 23 Pa.CS Pa. C.S. $ favors Motherabuse $5328(a)(14) slightlyf@vors because because Father waited ninety-seven (7) °fdi™retion in finding that 23 (7 days before undergoing a court ordered drug and alcohol test without any other credible ^before evidenceundergoing a^ that Father O r{ abusesOrder edZ^ alcohol or drugs, or that Father has^^ven (97) of any kind ofhistory I evidence that Father abuses alcohol or dn J d alcohol test without any other credible I alcohol or drug abuse? (dcaholordrug^ and in so doing

I Again, Father is asking the appellate court to re-weigh evidence, and Father is asking the CQUrt tQ re . wdgh

completely ignores the ample record evidence supporting a conclusion that Father may at one completely ignores the ample record evidence supporting a conclusion that Father may at one point have abused alcohol. To be sure, waiting ninety-seven days to take the hair hair follicle test Pte have abused alcohol, Tobe sure, waidng ninety R.R. 14 ake !hc MWe

14 14

I ■ alone ts aa sufficient is alone is basis for sufficient basis trial count this trial for this court to draw to count to draw the draw Father waited that Father inference that adverse inference the adverse Father to waited to waited to

take the test take the test because he knew because he knew if knew if he if it close he took it it close in in time in time to to the court to court order court order that he would that he fail, But would fail. would fail, Bue Bue

there was plenty there other evidence plenty other plenty evidence that could support the could support that could support the conclusion conclusion that conclusion that Father Father at one point at one at one point may point may may . have have abused alcohol. Mye abused alcohol. First, Mother's First, alcohol. First, Mother's testimony the issue. on the testimony on issue. Second, issue. Second, photographs Second, Mother took Mother photographs Mother took took

of Father . of appearing to appearing Father appearing to sleep sleep or or be be passed passed out out close to containers close to to alcoholic beverages. of alcoholic containers of beverages. Third, beverages. Tit4 Tit4

: testimony from regarding Father’s from the Children regarding regarding Father's alcohol Father's alcohol use. Fourth, alcohol use. use. Fourth, the evaluator’s Fourth, evaluator's observations evaluator's observations

that Father that Father seemed seemed defensive about his defensive about his alcohol alcohol use. alcohol use. Finally, use. Finally, even Finally, even Father’s Father's own testimony Father's own could could testimony could testimony serve as basis for as a basis reaching this for reaching this conclusion, conclusion, as conclusion, as he he noted noted he gives up alcohol gives up up for Lent. alcohol for alcohol for Lent Lent

11. Ifrefrial U- 11. court did not The trialcourt The court did did not com mit any commit commit any erro errorr of Laor of law abuse of or abuse of discretion in awarding discretion in discretion in awarding awarding ^er Mother pnmary Mother primary physical custody primary physical physical despite its custody despite its determi its determination that Mother was not nation thatMotheFwas determination that Mother was ot sedible on one credible on one specific issue, isee " ’ . . . — ~

In In eleventh issue his eleventh In his eleventh in his raised in issue raised issue raised in Statement, Father Concise Statement, his Concise Statement, Father asks: asks: asks:

Did the Did the trial court commit trial court an error commit an of law of and/or abuse law and/or error aflaw and/or abuse abuse of ofdiscretion discretion in awarding discretion in in awarding Mother awarding Mother PfWpj> ys!c:al custody primary physical primary physical after making custody after making a determination that a determination determination that Mother that Mother was not credible not was not credible and and that Father mat that Father was was credible? was credible?

Father is Father is not is only asking only not only not asking the asking appellate court the appellate court to to to re-weigh re-weigh evidence, evidence, but he evidence, but is also is he is also also

mischaracterizing this mischaracterizing this : mischaracterizing this trial court's trial court’sfindings. court's findings. findings. The trial The trial court court did not make did not not make aa sweeping sweeping sweeping proclamation proclamation that one parent that one parent was 100% parent was 100% credible 100% credible and and the the other other was was not was not at not at all. Instead, on all. Instead, Instead, select on select

issues where issues where the the parties’ parties' testimony parties' testimony directly conflicted—namely, namely, involving directly conflicted directly conflicted namely, involving the involving safety of the safety safety of the the the

: Children and Children some of and some issues regarding the issues of the regarding Mother’s regarding Mother's efforts Mother's efforts to to turn turn the turn Children against the Children against Father— against Father- Father-

on which it opined on which party party it party it found found credible credible and why. credible and why. Here why. Here is Here is the is only time the only only the trial time the the trial court court court

dismissed an dismissed aspect of an aspeet aspeet of Mother’s credibility in Mother's credibility Mother's credibility its fifty-six-page in its in fifty-six-page opinion: fifty-six-page opinion: opinion:

Hie best interest The test The best interest factors factors impacting impacting the impacting the safety safety of safety of the Children do the Children Children make aa not make do not not significant difference significant in this matter. difference in in this matter. matter. See See id §§ id id $$ 5337(). To 5328(a), 5337(h). $$ 5328(a), 5328(a), 5337(). the extent To the To extent extent Mother da ms otherwise, Mother claims otherwise, the otherwise, Court the Court her not fids her Court finds fids not credible-, not credible; indeed, credible; indeed, her indeed, her proposed proposed proposed final final custody order suggests custody order suggests Father should get should Father should get more more physical custody than physical custody physical custody than he he currently currently has. currently has

R.R. R.R. 15 R.R. 15 I5 ; (See (See Trial Trial Court Trial Court Opinion, Court 7/31/2025, Opinion, 7/31/2025, Opinion, p. 51 at p. 7/31/2025, at 5I (emphasis (emphasis added).) (emphasis trial court The trial added).) The added).) count then went count then then went on to went on on to to

specifically . specifically specifically credit credit Mother’s Mother's testimony Mother's testimony on other issues, on other issues, particularly issues, particularly those particularly as the served as that served those that as the the

motivating force motivating motivating force for force for its decision: decision: its decision:

The concededly odd concededly The concededly odd circumstances circumstances of of the the single-family single-family home single-family home available available to to Mother to Mother Mother in the in in the relocating relocating area relocating area is is unique unique and not transferable, not and not transferable, and the transferable, and Court credits the Court Court credits Mother’s testimony Mother's Mother's testimony andand the the inferences inferences that that she she would not otherwise would not not be able otherwise be able to to to afford real estate estate at afford real estate at the price point of the relocating afford real at the the price price point point of of the the relocating home. ...The Court also relocating home. home. ..• ..• The The Court Court also also credits her credits her testimony her testimony that that there there are are some some unique unique educational educational or educational or professional or professional professional opportunities available opportunities opportunities available in available in the relocation the in the relocation area relocation area that area that will that will provide will her with provide her her with unique with unique professional and potential financial professional and potential financial opportunities. professional and potential financial opportunities. opportunities.

. : ' (See (See id. at (See id, 51-52 (citing at 51-52 (citing 23 Pa. (citing 23 Pa. C.S. C.S. §$$ 5337(h)(2), C.S. (6), & 5337(02),(6), 5337(02),(6), (7)).) & (7)).) to mischaracterizing addition to In addition (7)).) In In addition mischaracterizing mischaracterizing I the trial the court’s findings. court's trial court's findings, Father findings. Father seeks seeks to have the to have the appellate court either appellate court credit different either credit different

testimony, testimony, which testimony, which is is squarely is squarely within within the the province of the province of court to trial court the trial to do, or to do. do. or weigh the or weigh the factors the factors

differently differently different and ly and thereby and thereby reach thereby reach aadifferent conciusion. different conclusion. different conclusion. But “[Father] But But [Father] cannot dictate [Father] cannot cannot dictate amount of the amount dictate the amount of

weight the weight the trial the court places trial court evidence.” See A. on evidence." places on evidence." A.,, A.,, at 820. A.3d at 87 A.3d K, 87 820. 820.

12. The 12. The triat court did court did court at omit did not at omit commit any e aw or rror of law err2r or abuse of discretion or in awarding discretion in discretion awarding awarding primary physical Mother primary primary physical determination that Mother despite its determination physical custodydespite Motter coached Motter coached the Children. Children. Children. .

In his twelfth ln his ln issue raised twelfth issue raised in raised in his in Concise Statement, his Concise Statement, Father Statement, Father asks: asks: asks:

Did the trial Did trial court court commit court commit an commit an error error of law and/or law oflaw and'or abuse and'or abuse of discretion in ofdiscretion discretion awarding Mother in awarding in awarding Mother primary primary physical coached the coached coached

Father physical custody the minor

Father is is again is custody after

again asking again after making minor children? children? making a making

the appellate asking the a determination

appellate court determination that

to either to court to that

either re-weigh re-weigh Mother had that Mother had improperly

or assign evidence or re-weigh evidence or improperly improperly

assign dispositive assign dispositive dispositive I ■ weight to aa certain to weight to certain factor certain or factors, factor or factors, which factors, which of course the of course the law law does law not trial court require aa trial not require does not court to do. court to to do

The trial The trial court court determined the determined court determined factors involving the factors involving Children's preferences the Children’s involving the Children's preferences were preferences were of of limited limited limited

: .probative probative to the due to value due probative value coaching, and coaching, the coaching, and determined from determined from consideration from aa consideration consideration of factors what all factors of all what was was was

in the in in the best best interest of the interest of the Children. (See Trial Children. (See Children. Trial Count Trial Count Opinion, 7/31/2025, pp. 41^2, at pp. 7/31/2025, at Opinion, 7/31/2025, Court Opinion, pp. 41-42, 47, 52- 41-42, 47, 47, 52 52

: 53.) ■ Effectively, because Electively, 53.) Electively, this trial because this court did court trial court did find did find that find that there there was was coaching was coaching and improper coaching and improper influence improper influenee influenee R.R. R.R. 16 R.R. 16 16 16 16 16 : by Mother, by Mother, Father Mother, the trial wants the Father wants court to ourt trial ourt to assign to assign determinative assign determinative weight weight to weight the that involve factors that the factors to the involve

. that finding that that finding and and reach a different reach a custody analysis But aa custody conclusion. But different conclusion. conclusion. But custody analysis “is analysis is not is scorecard" and not aa scorecard” scorecard" and any any any

select factor(s) select facto(s) may facto(s) may serve may motivating force the motivating as the serve as motivating force behind behind aa trial behind trial court’s court's decision. See court's decision. decision. White, 296 See White, White, 296

. . A.3d at 1214. A.3d at 1214. To the extent 1214. To extent Father Father believes believes other other factors should have factors should should motivating force have been the motivating motivating force

behind the behind behind the trial trial court’s trial court's decision, again, decision, ultimate decision, court's ultimate cannot dictate [he] cannot again, “[he] again, [he] cannot amount the amount dictate the dictate of weight amount of the weight the weight

trial court places court trial court places on evidence.” See evidence." on evidence." A.V,, 87 See A.V,, 87 A.3d A.3d at at 820. 820. 820.

: Te 13.Te court did The trial court court did not did not hot commit commit any error of of law la or discretion or abuse ofdiscretion discretion in in awarding warding Mother primary Mother Mother primary physical custody physical custody primary physical despite its determination its its determination determination that Mother had Mother Mother had

I I undermined undermined Father^ relationship with Father's relationship Father's relationship the Children. with the Cidre, Cidre, In his thirteenth In his raised in issue raised thirteenth issue raised in his his Concise Statement, Father Concise Statement, Statement, Father asks: asks: '' In thirteenth in asks:

Did the Did the Mal trial court commit court trial court comit an comit an error of law error of and/or abuse law and/or law ofdiscretion abuse of discretion in discretion in awarding Mother in awarding awarding Mother primary physical primary physical custody custody after after making making making a a determination determination that that that Mother Mother has has a a history of history of thwarting thwarting Father thwarting Father 's 's relationship relationship with with the children? the children?

In that is In an issue that In that is almost is to issue twelve. almost identical to almost to twelve, Father is twelve, is again is asking the appellate again asking appellate

court to court court to either to either re-weigh re-weigh evidence assign dispositive or assign evidence or assign dispositive weight weight to weight to factors, which or factors, factor or certain factor to aa certain certain factors, which

: of course the of course law does law the law not require not does not require aa trial trial court court to court to do. to do. did find court did trial court The trial do. The Mother had that Mother find that find Mother had

in conduct engaged in conduct that conduct that undermined the relationship undermined the relationship of Children and of Children Children Father. Father. (See and Father. Trial Court (See Trial Court Court

I relationship

Opinion, 7/31/2025, Opinion, Opinion, 7/31/2025, at 7/31/2025, pp. pp. 41-42, at pp. 41-42, 47-48.) 41-42, Accordingly, the 47-48.) Accordingly, Accordingly, the trial court, despite court, trial court, Children’s the Children's despite the Children's

: testimony, testimony, assigned testimony, assigned no assigned weight to weight no weight to the to children with the children of the preference of the preference with respect respect to respect to which parent to which parent parent I' should should have have primary custody, custody, and custody, and minimal mirimal weight mirimal weight to weight to the to the preference of the preference of with respect children with the children with respect respect '' to whether relocation to whether relocation was was in the best in the best interest the Children. of the interest of Children. See See id. at at pp. pp. 41-42, 41-42, 47. 47. And And it I to whether relocation was in Children. pp. 41-42, 47. it

f ; weighed weighed those factors factors involving that factual involving that involving namely §$$ 5328(a)(8) finding, namely finding, factual finding, 5328(a)(8) & 5328(a)(8) (13) and (13) & (13) and

§85337(h)(5) 5337(h)(5) and 85337(h)(5) and (8) (8) in in Father’s in Father's favor. Father's favor. (See id. favor. (See pp. 42, 44, pp. 42, at pp. id, at 42, 44, 47-50.) 44, 47--50.) The trial 47--50.) The count just trial court count just just I ;emphasized emphasized different different factors in making in factors in making its its ultimate its ultimate determination. determination. determination. id. atpp. (See id. (See id. pp. 51-56.) at pp. 51--56.) A 51--56.) A

custody analysis custody analysis “is "is not aa scorecard” "is not not and any scorecard"and scorecard"and any select select factorfs) factor(s) may factor(s) may serve as the serve as motivating force the motivating motivating force

behind aa trial behind behind trial court’s court's decision. court's decision. See decision. See White^9^A.,3<^af White,g9@pg4.1da4 1214. White,g9@pg4.1da4 1214. To 1214. To the extent Father the extent believes other Father believes othe othe

17 17 17

____ I factors should < factors should have should have been been the motivating motivating force motivating force behind behind the behind the trial court's trial court's ultimate decision, court’s ultimate again, decision, again, decision, again,

[he] [he] cannot [he] cannot dictate cannot dictate the the amount amount of amount weight the trial of weight weight places on court places trial court court on evidence.” evidence." See A. evidence." K, 87 A.3d ,,87 A,,87 A,3d A,3d

at 820. at820J 820.

14. The trialcourtdidnot 14. The 14. trialcourt trial court did not commit did not commit any commit any error error of law or of law law abuse of or abuse discretion in of discretion discretion in awarding in awarding awarding Motherpriman primaryrphysical Mother primary custody despite physical custody its determination despite its determination that determination that Mother had Mother had alienated Fatherfromthe alienated alienated Father from the Father Children. the Children, Children. In his In In his fourteenth issue raised fourteenth issue raised in raised in his in his Concise Statement, Concise Statement, Father asks: Statement, Father asks: asks:

Did Did the trial court the trial court commit an court commit commit an error law and/or oflaw error of law and/or abuse and/or abuse of discretion in of discretion discretion in awarding in Mother awarding Mother awarding Mother primary physical custody primary physical custody after malting determination that Mother alienated making a determination making determination alienated the alienated minor the minor minor children against F children against children against cither and Father their community? and their community?

In an In In an issue issue that that is is almost is identical to identical almost identical almost to issues to thirteen, Father and thirteen, twelve and issues twelve thirteen, is again Father is is again asking again the asking the asking

appellate court : appellate court to court either re-weigh to either evidence or re-weigh evidence or assign assign dispositive dispositive weight dispositive weight to weight to certain factor or to aa certain certain or

factors, which of course which of course the the law law does law trial court require aa trial not require not does not court to to do. to do. The do. trial court The trial did highlight court did court did highlight highlight

and credit Father’s and credit Father's testimony Father's involving testimony involving Mother’s involving Mother's of alienation. acts of Mother's acts alienation. (See alienation. Court Opinion, Trial Court (See Trial Court Opinion, Opinion,

7/31/2025, at 7731/2025, 7/31/2025, at pp. 47, 57.) pp. 47, pp. 47, 57.) Accord ingly^the trial Accordingly, trial court court weighed court weighed those factors involving those factors involving that involving that

factual finding, factual factual fiding, namely $§ 5328(aX8) fiding, namely & (13) 5328(a)(8) & 5328(a)(8) and $$§ 5337(h)(5) (13) and 5337(h)(5) and 5337(h)(5) (8), Father's favor. in Father's (8). in and (8), in (See id. favor. (See id

at pp. at pp. 42, 42, 44, 42, The trial 47-50.) The 44,47--50.) 44,47--50.) just emphasized court just trial court emphasized different different factors factors in in making its in making making its ultimate its ultimate

: determination. determination. (See determination. (See id. at pp. id, at pp. 51—56.) pp. 51--56.) "is not analysis “is custody analysis A custody 51--56.) A "is not aa scorecard” not scorecard" and scorecard" any select and any any select

factors) factor(s) may factor(s) may serve

To the 1214, To at 1214. at 1214, To serve as serve

extent motivating force the motivating as the

the extent motivating force behind

other factors believes other Father believes extent Father behind aa trial

factors should should court's decision. trial court’s court's

should have decision. See decision.

been the have been White, 296 See While, White,

the motivating motivating force motivating 26 A.3d 26

force A.3d iI . behind behind the behind

trial the trial the court’s ultimate

court places on court trial court court's trial court's ultimate decision,

evidence." on evidence." again, “[he] decision, again, decision,

evidence.” See See A. A.V,, again,

at 820. A.3d at 87 A.3d V„ 87 A.V,, "[he] cannot "[he]

820. 820. cannot dictate amount weight the of weight amount of the amount dictate the cannot dictate weight the I 1s. The 15. 1s. The trial The trial court trial Mother court did Mother primary Mother primary did not did not commit primary physical phisal eommit any eommit phisal custody av error custody error of law despite custody despite despite its its law or of discretion or abuse of of its determination discretion in discretion determination that that Father in awarding awarding Father.was the the I para±.aore. Biel to cooperate.a.well.as.sneenrare para±.aore. Biel Hltelv to cooperate.a.well.as.sneenrare sotaet between cooperate as well as encourage contact between the between the Childres the Children and and the other other parent the other the parent.

In his In In his fifteenth fifteenth issue fifteenth issue raised in his raised in raised in his Concise Statement, Father asks: Statement, Father Concise Statement, asks: asks: R.R. R.R. R.R. 18 18 18 18

i ''' Did the Did the trial primary physical primaryphysical primary court trial court commit court commit an error commit an error of making law oflaw after making custody after physical custody and/or abuse law and/or abuse of determination ofdiscretion that Mother determination that making aa determination that discretion inin awarding Mother refuses Mother in awarding Mother awarding to refuses to Mother cooperate to cooperate cooperate I and a^co-parent and co-parent with co-parent children children encourage to to do do with Father so, so, Father even when it while children to do so, while also making and permit encourage andpermit while also also permit contact a a it is determination making a determination that Father is more likely making contact determination the children between the contact between is more convenient and

children that that children and and in and Father Father and Mother? Mother? in the in is is the best more more best interest interest of to likely to to of the the I In In an In an issue is quite that is issue that quite like like issues twelve through issues twelve fourteen, is again Father is fourteen, Father through fourteen, through asking the again asking again asking the

appellate court to appelate court appellate to either either re-weigh re-weigh evidence re-weigh or assign evidence or assign dispositive dispositive weight dispositive weight to weight certain factor or certain factor to aa certain or

factors, which of factors, which of course course the the law does not law does law not require not court do. The to do. court to trial court require aa trial to do. The trial court did trial court court find that did find did find that that

/ $§ 5328(a)(8) & (13) 5328(a)(8) & (13) favored favored Father, Father, and Father, and weighed and them Father's favor. in Father’s them in weighed them in Father's favor. (See Trial favor. (See Court Court Trial Court

Opinion, . Opinion, Opinion, pp. 42, 1/2025, at pp. 7/31/22025,at 7/31/22025,at pp. 42, 44.) 42, The trial 44.) The trial court court just just emphasized emphasized different different factors in making factors in in making its making its its

ultimate determination. ultimate determination. (See determination. (See id. id at at pp. pp. 51-56.) pp. 5I--56.) A custody 5I--56.) A custody analysis custody analysis not aa scorecard” "is not analysis “is "is not scorecard" and any scorecard" and any any

select factor(s) select select may serve factor(s) may serve as serve as the the motivating motivating force motivating behind court's decision. trial court’s behind aa.trial force behind court's decision. See White, decision. See White, 296 White, 296

A.Jd at J. A,3d A.Jd 1214. To I214, at I214, To the To extent Father extent the extent Father believes believes other should been the have been should have factors should other factors motivating force the motivating motivating force force

behind the behind the trial the court’s ultimate court's trial court's ultimate decision, again, “[he] again, decision, again, cannot dictate "[he] cannot "[he] cannot weight the of weight amount of the amount dictate the amount weight the the

: trial court places court trial court places on on evidence.” evidence." See evidence." A.,, See A.,, at 820. A.3d at 87 A.3d A. F, 87 820. 820.

16^ The trial 16. Ibe 16. Ibe eourt did court trial did court not apt commit did not somitan somitan error of an error or.abuse law of law or.abuse law or discretion in of discretion of discretion weighing the ig weighing weighing te te relocation factors. relocation factors. relocationfactors.

In his In In his sixteenth sixteenth issue sixteenth issue raised raised raised in in his Concise Statement, Statement, Father Statement, Father asks: asks: asks:

Did Did the the trial trial court commit court commit court commit an an error oflaw error of law and/or abuse law and/or and/or abuse of discretion by of discretion discretion by failing to to failing to failing adequately adequately weigh the relocation weigh the relocation factors set relocationfactors setforth forth in Pa. C.S. 23 Pa. in 23 Pa. C.S. § C.S. 5337(h)(1) through $5337((1) $5337((1) through through (h)(10)? ()(oy? ()(oy?

The trial The court expressly court trial court considered and expressly considered expressly considered and weighed weighed all all ten ten relocation ten relocation factors. (See relocation factors. factors. Trial (See Trial

. Court Court Opinion, Court Opinion, 7/31/2025, 7/31/2025, at Opinion, 7/31/2025, pp. at pp. 45--50.) 45—50.) The pp. 45--50.) trial court weight aa trial of weight amount of The amount amount court gives court gives any one gives any any one factor factor

is is almost entirely is almost almost entirely discretionary. entirely discretionary. SeeM.J.M.., discretionary. See M.J.M.., 63 63 A.3d A.3d at at 339. 339. To the extent To the extent Father disagrees Father disagrees disagrees

with the ■; W’th with the amount amount of amount weight the of weight court afforded trial court the trial court factor, “[he] each factor, afforded each factor, "[he] cannot "[he] cannot dictate cannot dictate the amount dictate the amount of amount of of

weight weight the weight the trial court places trial court court places on evidence." evidence.” See on evidence." SeeA.V., A.V., 87 A.V., A.3d at 87 A.3d at 820. 820

R.R. R.R. R.R. 19 19 19 19 19 commit a error of la Te trial court.did net commit or abuse la or abuse of.discretion of.discretion its its application of the relocation of the relocation facirs. facirs. In Iris In In his seventeenth issue his issue raised issue in raised in raised his Concise Statement, in his Statement, Father Statement, Father asks: asks. asks.

Did the Did the trial court commit trial court commit an an error error of of law and/or abuse law and/or abuse of discretion in ofdiscretion in its application application of th ' the the ‘tegaon favors relocation r relocation factors as factors in 23 forth in setforth as set 23 Pa.S. $ 5337((1) Pa. C C S. 5337((1) through through (10)? (10)?

Although Although the the verb used used has switched from has switched switched from “weighed" to “applied,” weighed" to weighed" to applied," this applied," is the this is is same as same the same as as Father's Father's Fath sixteenth issue. ' ’ sixteenth issue. The trial The trial court court expressly court expressly considered expressly considered and weighed all and weighed weighed ten relocation all ten ten relocation relocation

: factors. (See factors. Trial Court Wee Trial (See Trial pp. «• at pp. 7/31/2025, at Opinion, 7/31/2025, Count Opinion, Count Opinion, 7/31/2025, pp. 50.) The 45--50.) 45--50.) Te amount of weight amount of amount trial court weight aaa trial weight trial count count

.— gives any one gives any one actor factor is almost is factor is almost entirely almost entirely See MJ.M., discretionary. SceMM, entirely discretionary. discretionary. See 63 A.3d MJ.M., 63 at 339. A.3d at at 339. To 339. the extent To the To the extent extent

Father Father disagrees with Fafter disagrees with the the amount amount of amount of weight weight the the trial trial court court afforded afforded each factor, afforded each again, "[he] factor, again, factor, again, [he] [he] cannot dictate the cannot dictate dictate the amount amount of amount of weight weight the weight the trial trial court court places court places on evidence." See on evidence." See AM, AV,,87 A.3 at 87 A.3d AV,,87 A.3 %e %e : 820. 820. 820.

The trial 18. The 18. trial court's court's decision decision was net net against the weight against the of the weight of evidence, credible the evidence, the evidence, eredible or eredible or or otherwise. otherwise. I In his eighteenth In his In eighteenth issue eighteenth issue raised raised in his raised in in his Concise Concise Statement, Statement, Father Statement, Father asks: asks: asks: ' With regard With regardto evidence in evidence to the regard to in relocation factors was relocation factors the relocation in contradiction contradiction to contradiction to the to the bulk was the was of credible bulk of trial court the trial court's court's credible evidence? evidence? decision against decision 's decision against weight of the weight against the weight * J of of I II

This is This also functionally is also is also functionally the same functionally the Father's sixteenth same as.Father’s as Father's and seventeenth sixteenth and sixteenth seventeenth issues seventeenth that he in that issues in in he

is asking is is asking the asking the appellate to re-weigh court to court appellate court to re-weigh the the evidence. evidence. The evidence. The trial trial court considered all court considered evidence— evidence all evidence

unsurprisingly, Father identifies unsurprisingly, Father identifies no no specific specific piece specific of evidence piece of evidence that that the the trial court failed trial court failed to failed to

consider, he just consider, consider, with how disagrees with just disagrees with how the how the trial trial court court weighed weighed it. (See (See Trial Court Opinion, Trial Court Court Opinion, Opinion, 7/31/2025, at pp. 7/31/2025, t 7/31/2025, t pp. 1-36, 1--36,$ Yer again, “[he] Yer again, 1-391.) Yet 1--36,$ 1--391.) 1--391.) again, [he] cannot dictate cannot [he] cannot dictate the dictate amount of the trial weight the of weight amount of the amount weight the teal teal

court court places court on evidence.” places on evidence." A.V., See A. evidence." See V., $7 A.V., 87 A3d $7 A.3d at A.3d 820. at 820. Court made the Court findings the credibility findings Most credibility 820. Most Most credibility findings the Court made made

were were beneficial to Father: beneficial to beneficial to Father: that Father: that Mother Mother was Mother was not was not credible not fearing safety of the safety for the fearing for in fearing credible in in safety the Children of the Children Children

when in Father’s in when in Father's care, Father's care, that care, that Father was credible Father was was asserting attempted to Mother attempted asserting Mother in asserting credible in credible in Mother attempted to tut the to turn tut 0% 0%

: Children against him, Children against him, that Father was that Father was credijleit_ credijleit_ cred^s^ stig he stig he never never abused abused the the Children, Children, that Children, that 20 20 I - -- _ 1 Father was was credible Father was credible in stating credible in in stating Mother stating Mother was Mother was obstinate, was obstinate, that obstinate, that was credible Father was that Father was regarding the credible regarding regarding the

Children's sudden and Children’s sudden Children's unusual request unusual and unusual request to to relocate, relocate, and relocate, and that that Father’s Father's witness Molineux Father's witness Molineux was was

credible credible regarding Mother’s hostility. regarding Mother's regarding Mother's (See Trial hostility. (See hostility. Opinion, 7/31/2025, Court Opinion, Court Trial Court Opinion, 7/31/2025, at 7/31/2025, at pp. pp. 42, pp. 42, 46-48, 42, 46-48, 46-48,

51.) JBut ; 51.) But the But the trial trial court court also court also of Mother’s some of found some also found found Mother's testimony Mother's testimony credible. credible. (See id. credible. (See id. at pp. id. at pp. 51-52.) 51-52.) 51-52.)

And;the And And trial trial court found trial court found as as the the motivating motivating force motivating factors than different factors decision different its decision for its force for its than those than those

implicated by the implicated by implicated the above the above findings, findings, as it findings, as it fully fully explained fully explained opinion. (See its opinion. explained its its opinion. id, at (See id. at pp. pp. 51-54.) pp. 51--54.) 51--54.)

19. Tbetrial I. The. I. trial court’s trial decision court' decisionwas court' decisio was supported n was supported by supported by evidense. by sufficient evidence. evidense. In his his nineteenth raised in issue raised nineteenth issue raised in his in his Concise Concise Statement, Statement, Father Statement, Father asks: asks: asks:

With regard With to lo

The regard to regard support lo support to the to the relocation the trial support the

The evidence evidence in trial court's

matter is this matter in this in relocation factors court's decision court's decision

is was the factors was

is voluminous the evidence granting relocation decision granting

voluminous and evidence presented

more than and more presented by by Mother for Mother? relocation for Mother?

than sufficient sufficient to to support to Mother insufficient insufficient

support the the trial trial I I support

court’s decision. court's court's On the decision. On decision. the first day day of trial alone, of trial alone, in alone, in addition to addition in addition to testimony, Mother her testimony. to her testimony, Mother admitted Mother admitted

thirty-one exhibits : thirty-one exhibits including including the the lease-to-own contract regarding contract lease-to-own contract regarding the regarding the home, the home, data home, on the data on the New New

Jersey schools, Jersey schools, and schools, and data on the data on the New New Jersey New Jersey area. Jersey area. Exs. P-27, (See Exs. area. (See Exs. P-28, & P-29.) P-27,P-28,& P-27,P-28,& P-29,) Those exhibits, P-29,) Those exhibits, exhibits,

as well as as plenty well as testimony from of testimony plenty of from Mother Mother that Mother that the the trial completely support considered, completely court considered, trial court court considered, completely the support the support

factors that this factors that this trial trial court court relied lied on relied on as as the the motivating the motivating force motivating (See Trial decision. (See its decision. for its force for its decision. Court Trial Court Trial Court

Opinion, 7/3 Opinion, Opinion, 1/2025, at 7/31/2025, at pp. pp. 51-54.) pp. 51--54.) also N.T. (See also 51--54.) (See about the (testifying about 80-90 (testifying pp. 80-90 at pp. 7/16/2024 at N,T. 7/16/2024 N,T. 7/16/2024 pp. (testifying about the

and area).) schools and schools Further, it Further, area).) Further, for the that for undisputed that was undisputed it was was that the eighteen eighteen months eighteen months leading leading up leading to the up to to the

relocation trial. relocation relocation trial, Mother trial, Mother had Mother had been the had been the Children's custodian. (See primary custodian. Children's primary Children’s custodian. Court Trial Court (See Trial Opinion, Court Opinion, Opinion,

7/31/2025, 7/31/2025, at p.29, 7/31/2025, at 314 & 29,314 p. 29,314 & pp. pp. though the even though Finally, even 52-53.) Finally, pp. 52--53.) 52--53.) the trial court discounted trial court court discounted the the

probative probative value of the value of he Children’s Children's testimony, testimony, it testimony, it found Children were the Children that the found that were close close with with their their

Mother and Mother wanted to and wanted relocate to to relocate to to New to New Jersey New Jersey, a a set set of set of circumstances circumstances which which made made it in made it in the best in the best best

interests of interests of the Children the Children for Mother for Children for Mother to Mother to physical custody primary physical have primary to have physical school school year. the school during the custody during year. year.

(See id. at (See id. pp. 52-53.) at pp. pp. 52-53.) R.R. R.R. R.R. 21 21 21 21 II trial 20. Ths 20. The trialcourt trial court did did not did not commit not eommi± an eommi± of law error of an error an error law or or law or abuse of of abuse discretion regarding of discretion discretion regarding regarding ^.nousfactual factual findings various factual various as they findings.as findings.as they relate to the relate.to relate.to [he.reeeatioe relocationfactors, [he.reeeatioe faetors, faetors, all all of of which which are re re supported.by supported by the supported.by record. the record. record. In his In In raised twentieth issue raised his twentieth twentieth in his Concise raised in in Concise Statement, Statement, Father asks: Statement, asks; asks;

Did the trial Did the commit an court commit trial court court commit an error error of law of law abuse of and'or abuse law and'or and/or discretion in of discretion discretion in in finding finding that 23 finding that 23 Pa.C.S. Pa. CS. § Pa. CS. 5337(h)(2) and $5337(h(2) $5337(h(2) (h)(6) and and (h)(6) and (h)(7) favors Mother for (h)(7) favors and (h)(7) for the the following following following reasons: reasons: reasons: (a) (a) (a) that one that one of of the children has the children alearning has a learning disability; (b) learning disability (b) the condition the conditi ofthe noo of n marital home the marital marital home home versus versus the conditton of condition the conditton of the the property located in property located located in New Jersey; (c) New Jersey; the fact (c) the fact that fact that Mother Mother isis earning Nine earning Nine Thousand Nine Thousand Dollars Thousand ($9fiOO.OO) Dollars ($9,000.00) more in ($9,000.00) more New Jersey in New in Jersey and and has has has the the ability ability to to to become an become an administrator; fd) ait. administrator; (d) Mother (d) Mother hashas extended has extended family in extendedfamily (e) the and (e) Jersey; and New Jersey; in New in New Jersey; (e) the quality of quality' quality ofeducation education offered in Bergen offered in offered Bergen County? County?

All these All these findings are supported findings are supported by by the the record record and and have an intelligible have an intelligible nexus intelligible nexus to nexus to the to the factors the factors

;: the the Court Court is Court is required is

dispositive dispositive required to required

but-for consider. to consider.

or aa but-for dispositive or to consider. The trial

in its in factor in but-for factor its count notes trial court count notes that

analysis and its analysis that none

eventual decision. eventual and eventual none of these these findings

decision. The decision. findings

The trial were findings were

further again court further trial court court again again I hptes notes that it notes that it is

has to court has ■. court court is not is not entirely not entirely

what issues guess what to guess entirely clear

what clear on

an Appellant issues an precisely Father what precisely on what what precisely

is appealing, is Appellant is Father is is appealing is

appealing, that appealing, appealing here, appealing

that is that is not not here, and here,

for meaningful enough for not enough enough that "[w)hen and that “[w]hen aa

meaningful meaningful I review." See review.” review." Commonwealth v. See Commonwealth • MeCree, • MeCree, 857 A.2d MeCree, 857 A.2d 188,1 A.2d 92 (Pa. 192 188, 192 2004) (internal Super. 2004) (Pa. Super. (Pa. Super. 2004) (internal (internal

quotation marks . quotation quotation marks omitted). marks omitted). That omitted). That the trial said, the That said, said, trial court court will court will try try to try to in turn. each in address each to address in turn. turn.

(a) that one (a) that one of of the the children children has children has a a learning learning disability learning disability disability

Mather testified “Mother Mather testified that testified one of that one of the Children has the Children has aa learning learning disability learning the area in the disability in disability in of reading area of reading reading

and qualifies for and qualifies for special education." special for special education.” (See education." (See Trial Count at 20,^ 7/31/2025, at Opinion, 7/31/2025, Court Opinion, Trial Count Opinion, 7/31/2025, 193.) The 20, 193.) 20, 193.) The

: - trial court: notes trial court court notes that on the that on the first testimony, Mother of testimony, day of first day testimony, Mother indicated Mother indicated that indicated none of that none Children had the Children of the had

special needs, : special needs, but needs, but this factual circumstance factual this factual circumstance had had changed changed by by the the second day of second day day of testimony. (See testimony. (See testimony. (See

N.T. ;N.T, 7/16/2024 N.T, 7/16/2024 at p. p. 101.) at at I9L.) I9L.) The trial The court’s finding court's trial court's from the verbatim from almost verbatim supported almost is supported finding is finding is supported almost verbatim from the

record. Are record. record. Child's present Are the Child’s Child's special needs special present special needs even in dispute? in even in dispute? To To the the extent that they extent that are, the they are, they are, the

trial Court expressly Court trial Court expressly credits expressly Mother’s testimony Mother's credits Mother's testimony on on this this point: point: point:

R.R. R.R. R.R. 22 22 22 22 22 [Mr. Clerk:] [Mr. Clerk:] Okay. Okay. All Okay. right. AI! right. AI! And then right And then just the last just the last topic topic in topic in the in the vein legal, custodv of lesal vein of legal, custody, custody, cooperation, things of that nature. cooperation, special needs? special things of that nature. Do Do any of the children any of the " “ y^X children s of,lK chiWre M far as s far as you you know, know, hAe hAe y Mother.] Mother.] was just [JD.] was just identified identified as as having aa specific !! M** specific learning in the [JD.] learning disability tegS area dh^^**"* basic area basic of of reading. reading. * having '^ing disability disability in in the the

Clark]: Correct. [Mr. Clark]: recc^S k Qt Yeah. So Correct. Yeah. So you you requested S° y° requested U re ^ it • *• *• *

previously then it previously uested R Previously the school then the then the school school I recommended it. it. Correct? [Mother]: [Mother]: [Mother]: Yes, that Yes, Yes, was requested, that was that was requested, yes. requested, yes. yes. [Mr. Clark]: [Mr. Clark]: Yes. So Y«- Yes. So the the IEP IEP evaluation IEP evaluation was was done, was done, do done, do you recall what you recall came back it came what it what back back with?

[Mother]: [Mother]: reading. Yes. He was Yes. was identified identified as as having having aa specific And he qualifies for special reading. And area of reading. special special specific learning education. education. education. learning disability in learning disability disability in the basic in basic I [Mr. Clark]: Clark: [Mr. Clark: [Mr. All All right. right. And right. And so what did so what what did you want did you want to want do then to do upon that? based upon then based upon that I

(See fe N.T, (See [Mother]: [Mother]: [Mother]:

N.T, 7/10/2024 II wanted

at p. 7/10/2024 at wanted to

p. l0L) p. 0L) to register to

op Section him in register him him

Section 5337(¥2) in

5337(¥2) by 5337(hX2) in aa public

its terms its by its School District School public School District to

terms specifically specifically to

trial IEP written. an IEP get an to get

specifically directs directs trial IEP written. written.

courts to trial course course e e I take into consideration into take into consideration any consideration any special special needs special children, it did and it children, and of the children, needs of did so. so. (See Trial so. {See Trial Court Trial Opinion, Cour Opinion, Cour Opinion, ;: 7/31/2025, at 7/31/2035, 7/31/2035, 45-46.) At 4$ has this Father has 46.) Father 4$ this issue issue turned issue turned upside upside down: upside down: for the trial for the trial count to trial court count to have to not not have not have

considered that considered considered that one of that one of the the Children has the Children learning disabi has aa learning lity might disability disability might have might an error been an have been error of error of law or law oe of law oe

abuse discretion. The of discretion. abuse of discretion. The finding, finding, in finding, in connection in connection with the connection with regarding the findings regarding court's findings trial court’s the trial court's findings regarding the the

:" quality of quality quality schools in of schools in the in relocating county, relocating the relocating county, supra, is see supra, county, see supra, supported by is supported supported by record. He the record. by the record. just, again, He just, just, again, again, wants the wants the appellate court to court appellate court evidence and the evidence re-weigh the re-weigh to re-weigh and reach reach aa different reach different conclusion. conclusion. See conclusion. A. V.,87 See4,, See4,, §7 87 : A.3d A.3dat at 820. at 820. 820.

(b) the condition (b) the (b) condition of

was ample There was There the

was condition of the of

record evidence record ample record the marital home the marital marital

evidence to home versus home versus the condition versus the the New jersey New New

to support Jersey Jersey

support this condition of condition

this finding finding as finding of the property of

as well. well, property located property

The Evaluator, well, The located in

Evaluator, who Evaluator, wh wh in in I I viewed both viewed viewed homes, reported both homes, homes, reported that the reported that that marital home the marital marital home was home was in was in fair in fair to fair to poor condition and poor condition poor and that that the (e

marital home marital marital home did did not did not appear not appear to to follow to follow regulations, and that City/State regulations, follow City/State that Mother’s Mother's prospective four- Mother's prospective prospective four- four- R.R. 23 R.R. R.R. 23 23 23 bedroom, three-bathroom single family home bedroom, home in Waldwick. Waldwick, New Jersey, Jersey, was in excellent in excellent three-bathroom single family home in Waldwick. New Jersey, was in excellent . (See Ex. condition. (Se Ex. C-I 9-10.) He C-1 at 9-10.) further testified to He further effect. (See N,T, to that effect. 7/12024, at pp. N,T. 7/1/2024, pp. eotdiaon. (See Ex. C-l at S> l 0.) He further testified to that effect. (See N.T. 7/10/2024, at pp. $L.) Mother testified to that effect. 78-81.) effect. (See (See N.T, 7/1602024 at 104--11.) 7/16/2024 at this Court I04--11,) Of course, this Court is is f. J 7M1.) Mothertestified to that effect. (See N.T. 7/16/2024 at 104-11.) Of course, this Court is that living permitted to find that living in aa nice home in a nice neighborhood that Mother could not : permuted to find that living in a nice home in a nice neighborhood that Mother could not •

i afford would otherwise afford would enhance the Children's quality of of Life Life as well as have a positive fp °!towisc afr°'d enhance the Children’s quality of life as well as have a positive emotional impact on the Children. (See Trial Court Count Opinion, 7/31/2025, at 45-46, 49.) Father . ? emotional impact on the Children. (See Trial Court Opinion^^ Father

just, again, wants just, wants the appellate court to re-weigh appellate count re-weigh the evidence and reach a different conclusion. just, again, wants the appellate curt to re-weigh the evidence and reach a different conclusion. See AV., 87 A.3d at 820. ^AK,87A.3dat820.

(c) the fact (e) faet that Mother is earning Nine Thousand Dollars ($9,000.00) more in New earning Jerseyisand (c) the fact that Mother Nine has the Thousand ability Dollars to become ($9,000.00) more in New an administrator Jersey and has the ability to become an administrator There was ample support this finding as well. As to the salary, ample record evidence to support There was ample record evidence to support this finding as well. As to the salary, Mother Mother testified this fact. (See N.T. testified to this 7/1602024, at p. 78.) Exhibits were introduced to N.T, 7/16/2024, ,' . Mother testified to this fact. (See N.T. 7/1 6/2024, at p. 7$ Exhibits were introduced to corroborate her testimony. (See Ex. P-21) As to the ability to become an administrator, Mother (See Ex.P.27.) A corroborate her testimony. (See Ex. R-27.) As to the ability to become an administrator, Mother testified to testified effect, explaining the opportunities available in New to this effeet, New Jersey and and testifying that o testified to this effect, explaining the opportunities available in New Jersey and testifying that she opportunity while working she was not presented with the same sort of opportunity working in Delaware County, she was not presented with the same sort of opportunity while working in Delaware County, Pennsylvania. (See N,T,N.T, 7/10/2025, 7/10/2025, at at p. 144 45.) Knowing the 144 on this point the parties disagreed on point Fennsyivania. (^ N .T,M

f 8 5bG) relocating party are specifically listed in $5$bG3) considering Mother's higher salary and gonsidering relocating party are specifically listed in § ^3gh)(7^^|dering Mother’s higher saiaty and and I 24 24 i I 4

I I I increased opportunities in its its analysis was entirely appropriate. (See Trial Count Opinion, increased opportunities in its analysis was entirely appropriate. (See Trial Court Opinion, '' • 7/31/2025,at 7/31/2025, 48-49.) at48-49.) I •, (d Mother (d) Mother has bas extended family in in New New Jersey (d) Mother has extended family in New Jersey I! I Again, the trial trial court that the parties disagreed on this point-indeed, court was not even clear that Again, the trial court was not even clear that the . point-indeed, parties disagreed on this point-indeed. I I .. Father's position was that <**“ w ® that Mother had had significant ties to Pennsylvania, but but is itit truly truly contested Mother had significant ties to Pennsylvania, but is it truly contested that Mother has extended family members in New Jersey? In was ample record In any event, there was II ? that Mother has extended family members in New Jersey? In any event, there was ample record this finding. Mother testified to this effect. evidence to support this effect. (See N.T. N.T, 7/16/2024 7/1602024 at pp. 12-- I2- evidence io support this finding. Mother testified to this effect. (SeeN.T. 7/16/2024 at pp. 12- I I 13) Section 5328(a)(5) 13.) 53284a¥5) requires that the Count type of information, (See Court consider this type (See Trial -s. 13.) /Section S328(a)(5j requires that the Court consider this type of information. (See Trial l

Court Opinion, 7/31/2025, 7/3102025, a1 count in no way abused its discretion by finding that 41) The trial court at 41.) Court Opinion, 7/31/2025. at 4! .) The trial court in no way abused its discretion by finding that being close to maternal family members could to maternal could have a positive emotional benefit on the the being close to maternal family members could have a positive emotional benefit on the Children's emotional development as well as Mother's under $ 5337(h)2) Children's 5$337(h)2) and (h)(6). Trial (h(6). (See Trial / , ChUdren’s emotionaldevelopment as well as Mother's under § 3337(h)(2) and (h)(6). (See Trial Court Opinion, 7/31/2025, a1 a1 45-46, 48.) Father just, again, wants the appellate court wants the court to re- .. .Court Opinion, 7/31/2025, at 45-46, 48.) Father) ust, again, wants the appellate court to re- weigh the evidence and and reach a different conclusion. See A.V.,877 A.3d at at 820. ;/Weigh$pevidence and reach a different conclusion. See A. K, 87 A.3d al 820.

(e) the quality of education offered in Bergen County the quality of education offered in Bergen County There was ample record evidence to support this finding as well. Mother Mother testified to this There was ample record evidence to support this finding as well. Mother testified to this effect. (See N,T. N.T. 7/1602024, al a1 pp. 80--90.) 80-90.) Exhibits its were were introduced to the same effect. (See effect (-SeeN.T. 7/16/2024, atpp. 80-90.) Exhibits were intreduced to the same effect (See -29.) The trial Ex.P-29.) trial court is is expressly required to consider the impact a relocation will have have on ' Ex. P-29.) The trial court is expressly required to consider the impact a relocation will have on the the children's educational development and any potential potential educational opportunities under J the children’s educational development and any. potential educational opportunities under $5337(2) and $5337()(2) (6), Father also has this issue turned upside down: for ad (6). for the trial court to have : - § 3337(h)(2) and (6). Father, also has this issue turned upside down: for the trial court to have not considered the quality of education offered in Bergen County, New Jersey might have been , >»< considered the quality of education offered in Bergen County. New Jersey might have been of law or abuse of discretion. He just, again, wants the appellate court to re-weigh an error of re-weigh the an error, of law or abuse of discretion. He just again, wants the appellate court to re-weigh the conclusion. See A.,, evidence and reach a different conclusion. A.Y,8787 A.3d at 820 evidence and reach a different conclusion. See A.V., 87 A.3d at 820,

R.R. R.R. 25 25 R.R 25 25 25 41. -ffid 41. trial 1he trial court not commit court did not trial court not commit commit.an error of .an error ad/or abuse of law and/or of law law ad/or in discretion in of discretion discretion in awarding awarding relocation because relocation awarding relocation there was because there because there credible was credible evidence regarding credible evidence evidence regarding the regarding the Child's Child’s the Child's learning IganiinfiLdisability learning as as the wellas as.well as the quality quality of education in of education in the in relocating county. the relocating relocating county. county. In his In In his twenty-first twenty-first issue issue raised issue raised in raised in his in his Concise Statement, Father Concise Statement, Statement, Father asks: asks: asks:

Did the trial court Bld lhe Did the court commit court commit anerror error oflaw error law and/or of law of discretion and/or abuse of discretion in awarding discretion in in awarding Mother relocation where Mother relocation relocation Mother Could Mother could not could not produce produce any any credible evidence that one of of the the children children children has has a a learning learning disability disability or or that that New New Jersey Jersey offers offers a a better better quality of quality quality education of education of than Pennsylvania? Pennsylvania?

This appears This appears to be the to be the same as issue same as issue number twenty. issue number number twenty, There was twenty, There evidence to record evidence ample record was ample was ample to

support these conclusions. supportthese these conclusions. The conclusions. The trial trial court court notes notes that none of that none of these findings were these findings findings were dispositive or aa dispositive or dispositive

but-for factor but-for but-for in Its in factor in its analysiss and its analysi analysi and eventual eventual decision. eventual decision. That said, regarding said, That said, decision. That the learning regarding the regarding disability, learning disability, learning disability,

; the the trial court refers court trial court to to its refers to its previous its explanation, previous explanation, supra at explanation, supra at pp. pp. 21--22, pp. 21--22, regarding the and regarding 21-22, and regarding quality of the quality quality of

education in education in the in the relocating relocating county, the county, relocating county, the trial court refers court trial court refers to its previous to its its explanation, supra previous explanation, explanation, at p. supra at p. p.

24. 24. 24.

22. The 22. 22. Te trial court trial court court did not did sot commit sot sonmit an sonmit of law and/or error of an error abuse of and/or abuse of discretion inin discretion in awarding gwarding relocation gwarding relocation in relations relocation relations relation to to the marital marital home marital home or residence in or residence NewJersey. in New in Jersey. Jersey. In In his In twenty-second issue his twenty-second issue raised raised in his raised in in his Concise Statement, Father Concise Statement, Statement, asks: Father asks: asks:

Did the Did trial court the trial court commit an court commit commit an error error of law law and/or oflaw and/or abuse and/or in awarding discretion in abuse ofdiscretion ofdiscretion in awarding Mother Mother relocation where the trial court relocation where the trial court determined court determined that Mother actually determined that Mother caused the condition of actually caused caused the condition of the marital home marital the marital and then home and then lied then lied about the lied about about her new obtaining her in obtaining circumstances in the circumstances in obtaining residence in new residence in New Jersey NewJersey? New

Father is Father is not not only not the appellate asking the only asking court to appellate court to re-weigh evidence, to re-weigh but he evidence, but evidence, is also is also he is also

■ mischaracterizing ischaracterizing this ischaracterizing this trial court’s findings. court's trial court's findings. made no court made trial court The trial findings. The court no finding finding that finding that Mother caused Mother caused Mother

the condition the condition of condition of the marital home. marital the marital home. home. The The trial count court noted, trial count noted, per noted, Evaluator, that per the Evaluator, Evaluator, that Father believed Father believed believed

Mother Mother caused Mother

8l.) caused die

To die 8l.) To the

the extent extent condition of condition the condition

extent the trial court the trial marital home. the marital of the marital

court relied relied home. (See home.

on this relied on (See Trial Trial Court Trial

in in its fact in this fact Opinion, 7/31/2025, Court Opinion, Court

its Opinion,

its analysis, analysis, it analysis, 7/31/2025, at 7/31/2025,

it opined opined only at p, p.

that the only that only 9* 9 p. 9

the I . relocation relocation residence relocation residence was in excellent in was in excellent condition condition and and that that the the marital marital home marital was in home was was to fair poor to in poor in to fair

condition—it it did condition it did not not indicate who not indicate if anyone who if if anyone (See id. condition. (See the condition. caused the anyone, caused condition. id. at at p. p. 46.) p. 46.) This is is This is R.R. R.R. R.R. 26 26 26 I t • because who because who (if (if anyone) caused the anyone) caused the condition condition of condition of the marital home the marital marital was of home was was almost no of almost almost no probative no probative probative

value value with with respect with to whether relocation to whether respect to relocation was relocation was best for was for the for the Children, Children, so Children, so the the trial court spent trial court court spent almost spent almost almost

no time time on on it. it. (See id. at (See id at 37-56.) 37-56.)

And where And did the where did trial court the trial court state that court state state that Mother Mother lied Mother lied about lied about the circumstances about the in obtaining circumstances in in obtaining obtaining

? kef her p her residence? It new residence? It noted the evaluator noted the evaluator thought thought the thought the real real estate real estate transaction transaction was transaction odd. (See was odd odd. id at (See id. (See at at

p.IH497.) p. 11197.) The p.IH497.) The trial trial court agreed it court agreed agreed was “conceded it was was concededly concededly odd" ly odd" but in odd” but but in no in no way way went way went as went as far in as far far its fact- in its in fact- fact-

finding finding as Father finding as states. Father states. id. at (See id. states. (See id. p. 51) p, at p. 51.) Father apparently 51) Father the appellate wants the apparently wants appellate court appellate court to court to find to tnd tnd

these facts these facts and facts apparently assign apparently and apparently assign them assign them great them weight, great weight, in so and in weight, and in doing so doing impermissibly asks doing impermissibly impermissibly asks the asks the the

appellate court ' appellate to court to not to not only fact °t only but also find, but fact find, find, but also re-weigh also the evidence re-weigh the and reach evidence and reach aa different different

conclusion. conclusion. A.V,, 87 A.3d conclusion. Seed.?., A.V,, at 820. A.3d at 820. This is 820. is the is the trial province of the the province the court. See court. trial court. See Id. id id

23. Ihe 3. Ihe 3. The trial court trial court did not court did ot commit a otcommit commit an error of law error of an error of law and/or law abuse of and/or abuse and/or abuse of discretion of in discretion in discretion warding a relocation. ^ardin relocation. warding despite an reIocati6n despite .llezed alleged lack .llezed an lack o "sigaifieant" of"sigaifieant" in salary. increase in “significant” increase increase in salary, salary, and/or job medicalbenefits,and7or benefits, and/or job security. job security. security^

In his his twenty-third twenty-third issue issue raised in his raised in raised in Concise Statement, his Concise Statement, Father Statement, Father asks; asks;

Did tile trial the Did the court commit court trial court commit an commit an error error of law and/or law oflaw and'or abuse of and'or abuse awarding Mother in awarding discretion in ofdiscretion discretion in awarding Mother Mother relaxation where relocation relocation where Mother could not could Mother could not produce produce any credible evidence any credible evidence that that her her new her nee § employment provides employment employment provides a significant increase a significant significant increase in in salary, salary, medical salary, medical benefits, medical benefits, and/or benefits, and/orjob and/or job job security? security?

Father is Father again asking again is again asking the asking appellate court the appellate to re-weigh court to court to evidence as re-weigh evidence re-weigh as well as well as well as apparently as apparently apparently requiring requiring select :requiring select evidence that the evidence that the statute that statute does not require. does not not require. require. Mother was not Mother was Mother was not required to not required required to produce to produce produce

any evidence that any that new employment associated new employment new employment associated with her relocation with her relocation would would provide provide aaa significant provide significant significant

.< increase increase in

benefits, benefits, in her in

benefits, or salary (query salary her salary (query if

job security. or job security. She security. if $9,000 increase if aa $9,000

needed to She needed to icrease salary i in salary icrease in

prove that the to prove salary is s per

the relocation per se

relocation was se

was in was in insignificant), medical se insignificant), insignificant),

of the interests of best interests the best in the the mediea

interests of the the I , : : : Children Children

Opinion, the child using the Children using child

at pp. 7/3 1/2025, at custody and child custody

pp. 37-56.) A custody 37-56.) A relocation factors—which relocation and relocation factors-which she factors-which

custody analysis is not she did. did. (See did. (See Trial (See Trial Cu Trial Court Cu II Opinion, 7/31/2025, Opinion, 7/31/2025, pp. analysis “is is not a not a scorecard” scorecard" and scorecard" and any any select any seteet seteet

fa cMs) may factor(s) factor(s) may the motivating as the serve as may serve motivating force motivating force behind behind aa trial R.R. 27 R.R. R.R. trial court's decision. See court's decision. court’s decision. See White, White, 296 White, 296 A 296 A.3d A.3d I 27 27 , St 1214. To at 124. at 124. To the the extent extent Father believes other Father believes other factors factors should should have should been the been have been motivating foree the motivating motivating force foree

A.A.,, behind the behind behind the trial court’s ultimate court's trial court's decision, again, decision, ultimate decision, again, “[he] again, cannot dictate [he] cannot [he] cannot the amount dictate the of weight amount of amount of die the weight the weight trial court places trial court See A. K, 87 evidence.” See on evidence." places on evidence." 87 A.3d A.3d at at 820. 820. 820.

24, eost trial 24. The 24. eost T¢ trial T¢ did trial court did .not eomit commit an not eomit an error.of of law and/or abuse Jaw and/er abuse of abuse discretion in of discretion of discretion in awarding guarding relocation awarding relocation despite relocation despite Mother having lived Mother despite Mother having lived aaa maioritv lived majority of majority of her life in life her life her in in E'ensvlvanis. Pennsylvania. E'ensvlvanis. ■ -■ - --

In In his twenty-fourth In his twenty-fourth issue issue raised: issue raised in in his in Concise Statement, his Concise Statement, Father Statement, Father asks: Father asks; asks;

Did the Did trial court the trial court commit an court commit commit lcw and/or law of lcw error of an error and/or abuse of and/or abuse awarding Mother in awarding discretion in of discretion of discretion in awarding Mother Mother I relocation based on based on Mother Mother's extended ‘s extended extendedfamily living in New Jersey in New Jersey despite the fact fact that living I relocation based Mother's family living in New Jersey despite despite the fact that that Mother Mother has Mother lived a lived has lived a majority of her majority of her life in Pennsylvania? life in life Pennsylvania? Pennsylvania? J

Father is Father is again again asking asking the appellate asking the appellate court court to to re-weigh to re-weigh evidence as well evidence as as apparently well as well as apparentt apparentt assign assign dispositive assign dispositive weight

Importantly, the Importantly, Importantly, weight to weight

the trial to

trial court Mother lived that Mother fact that to the fact

weighed both facts court weighed Mother

facts in in lived

its majority of her lived aa majority

in its majority

its decision, decision, it decision, her life

it simply life in in Pennsylvania.

simply assigned simply life

assigned Pennsylvania Pennsylvania

facts in these facts assigned these these facts in in I connection with connection connection with the other evidence the other evidence aa level level of weight level of weight with weight which Father with which Father disagrees. disagrees. (See disagrees. (See Trial (See Trial

Court Opinion, Court Court Opinion, 7/31/2025, Opinion, at pp. 7/31/2025, at 7/31/2025, pp. 50-56.) pp. 50-56.) A A custody custody analysis “is custody analysis "is not aa scorecard” "is not not scorecard"and any select and any scorecard"and any select select

■ factors) factor(s) may factor(s) may serve may serve as as the the motivating the force behind motivating force force trial court’s behind aa trial court's decision. See court's decision. decision. Wlie, 296 See White, Wlie, A.3d 296 A.3 296 A.3

1214. To at 1214. at To the extent Father the extent believes other Father believes other factors factors should motivating force the motivating been the have been should have motivating foe foe

behind the trial behind, behind trial court’s court's ultimate court's decision, again, decision, ultimate decision, again, “[he] again, {he] cannot {he] the amount dictate the cannot dictate cannot amount of weight amount of weight the weight the

trial court court places places on evidence.” See evidence." on evidence." SeeA.V., See 87 A.3d A.V., 87 A.V., A.3d at at 820. 820. 820.

25. The 25. court did The trial trial court commit commit did not ™™ an error an errorr° mit an err° and/or l and/or l off law abuse aBd/or abuse abu of discretion se of of discretion in its discretion in in its §5337(h)f3} analysis. 5337(43) analysis, $ 5337(43) analysis, —

In his In In twenty-fifth issue his twenty-fifth twenty-fifth issue raised raised in raised in his in Concise Statement, his Concise Statement, Father Statement, Father asks: asks: asks:

Did the Did the trial trial court court commit commit anan error law and'or of law error of abuse and'or ab abuse ^ of discretion in ofdiscretion infinding ^^g that 23 finding that 1^23 23 Pa.’ CS. Pa. $53370)3) CS. $53370)3) 5337(h)(3) favors favors Mother Mother where where the the only only rationale rationale is that is that that Mother Mother has a unique a unique unique ^J^rluni^ to opportunity opportunity to purchase to the proposed purchase the proposed relocation proposed relocation residence residence even even though though the though trial court the trial court court found A found that. that Mother iMother misrepresented ^OtKr>misrepresented /llsf P and/or l resented and7or lied concerning the ied concerning lied concerning the circumstances involving the involving the involving the opportunity opportunity toto make purchase? this purchase? make this &

R.R. R.R. R.R. 28 28 28 28 28 Father Father is again is Father is again the appellate asking the again asking asking court to court appellate court to re-weigh evidence as re-weigh evidence re-weigh as well well as well as

mischaracterizing the mischaracterizing the trial the trial court’s court's findings. court's findings. Where Where did Where did the did trial court the trial that Mother state that court state court Mother

:piisrepresented ; misrepresented and/or misrepresented and/or lied lied about lied about the circumstances about the in making in circumstances in making this making this purchase? purchase? It purchase? noted the It noted the

evaluator thought evaluator the real thought the thought real transaction was estate transaction real estate transaction was odd. was odd. Trial Court (See Trial odd. (See Trial Court Opinion, Court Opinion, 7/31/2025, Opinion, at p. 7/31/2025, at 7/31/2025, p p

f l497.) 11 W-) The l497.) court agreed trial court The trial court agreed itit was “concededly "concededly odd" "concededly odd" odd” but in no way but in in way went far in went as far far in its in its fact- its fet- fet-

finding as Father finding as finding states. (See states. Father states. (See id. at p. id. at p.5L) p.5L) Father appears 51.) Father to want to appears to the appellate want the want appellate court appellate both find to both court to court to find find

these facts and assign these facts facts assign them assign them great them great weight, great weight, and weight, in impermissibly asks doing impermissibly so doing in so and in impermissibly the appellate asks the appellate court appellate court court

\ to to not not only not only fact only fact find, fact find, but also re-weigh also but also re-weigh the the evidence and reach evidence and different conclusion. reach aa different conclusion. See conclusion. See A.V., A.V,, A.V,,

:: . 87 A.3d at 87A.3d 820. This at 820. 820. is the is This is the province province of the trial of the trial court; count. See count. See id Further, characterizing id. Further, Further, this fact characterizing this characterizing as fact as

the trial the trial court’s court's “only court's rationale” is only rationale" only rationale" is just is just plain plain wrong, plain wrong, its analysis wrong, its its for itself. speaks for 5337()(3) speaks of §$$ 5337(h)(3) analysis of analysis 5337()(3) speaks for itself.

. Trial Court (See Trial : (See Trial Court Opinion, Court 7/31/2025, at 7/31/2025, Opinion, 7/31/2025, Opinion, at pp. pp. 46-47.) pp. 46-47.)

26. Ike The trial 26. Ike tial eeu.rt. tial court did eeu.rt. did .not .not commit not commit commit an an. error an. error of error of law la and/or abuse la and/or and/or abuse of abuse of discretion in its discretion in of discretion in it it § 5337(h)(4) analysis. $5337(¥4.analysis, $5337(¥4.analysis, In ln his ln his twenty-sixth twenty-sixth issue twenty-sixth issue raised raised in raised his Concise in his Statement, Father Concise Statement, Statement, asks: Father asks: asks:

Did the Did commit court commit trial court the trial an error commit an discretion by ofdiscretion abuse of and/or abuse law andior of law error of and/or discretion by failing failing to failing to adequately weigh the relocatio adequately relocatio relocation n set forth n factors set Pa. C.S. $ forth in 23 Pa. Pa. § 5337(h)(4) 5337(h)(4) where the trial court trial court specifically court specificallyfound specifically found coaching coaching and and alienation? alienation?

Again, Again, Father is Again, Father is is asking asking the asking appellate court to the appellate to either to either re-weigh evidence and re-weigh evidence reverse the and reverse the

trial court’s trial court's credibility court's determinations. The credibility determinations. credibility determinations. The trial did highlight court did trial court did highlight and credit Father’s and credit Father's testimony Father's testimony testimony

involving Mother’s involving involving acts of Mother's acts Mother's alienation and potential alienation and of alienation coaching. (See coaching. potential coaching. (See Trial Trial Court Court Opinion, Court Opinion, Opinion,

; 7/31/2025, 7/31/2025, at pp. 7/31/2025, at pp. 47, pp. 47, 57.) 47, 57.) Accordingly, Accordingly, the Accordingly, the trial trial court assigned §$ 5328(a)(7), court assigned assigned 5328(a(7), the preference 5328(a(7), the of preference of preference

the Children Children between their parents, between their no weight. parents, no weight. (See id. at (See id at pp. pp. 41-42.) The trial 41-42.) The tria tri court assigned all court assigned I the

$5337(h)(4), $5337(h)(4), parents,

the preference § 5337(h)(4), the the the Children of the preference of weight.

Children regarding pp. 41-42.)

regarding relocation, regarding relocation, little relocation, little weight in little weight weight favor of in favor in court assigned

of i Mother. (See Mother. Mother. id. at (See id. at p. p. 47.) p. 47.) The The trial court stated, trial court stated, "the stated, "the Children did appear coached did appear Children did “the Children appear by Mother, coached by Mother, Mother,

particularly with particularly particularly respect to with respect to their desire to their desire to to relocate to relocate as as expressed expressed in in manner uncharacteristic in aa manner manner uncharacteristic for uncharacteristic for R.R. 29 R.R. R.R. 29 29

I respective ages their respective ages and and maturity. maturity. Nevertheless, maturity. Nevertheless, the Nevertheless, the Children Children do do seem seem to possess seem to to desire to some desire possess some possess to

relocate to : :relocate to New to New Jersey New Jersey despite despite the despite limited probative value limited probative the limited their testimony.” of their value of testimony." (See testimony." (See id.) It {See id) id) is [tie [tie

^ well-established well-established that “with well-established that with regard to with regard issues of to issues to of credibility and weight credibility and credibility of the weight of weight evidence, [the the evidence, evidence, [the [the

appellate court] appellate court] must defer court] must defer to defer to the the presiding presiding trial presiding trial judge trial viewed and who viewed judge who assessed the and assessed the witnesses witnesses

first-hand." See first-hand. first-hand." White, 296. White, See White, 296 A.3d 296 1213. the extent To the 1213. To at 1213. A.3d at To extent Father Father believes that fact believes that should have fact should should have

been the been the motivating motivating force motivating force behind force behind trial court's ultimate trial court’s the trial behind the court's ultimate decision, decision, again, decision, "[he] cannot again, “‘[he] again, "[he] cannot dictate cannot dictate

the amount the amount of amount weight the weight of weight trial court the trial evidence." SeeA.V,, on evidence.” places on court places evidence." 87 A.3d See A.,,87 See A.,,87 A.3d at at 820. 820. 820.

The trial 27. The 27. The ial court ial did not did court did got commit got commit an commit an error errgr of errgr of law of law and/or law discretion in of discretion abuse of and/or abuse discretion its in_its in_its $§5370.¥6) nabs. 5337(hX6)analvsis. nabs. In In his In twenty-seventh issue his twenty-seventh issue raised issue raised in his raised in in his Concise Concise Statement, Statement. Father Statement. asks: Father asks: asks:

the trial Did the trial cowl adequately weigh adequately court commit court commit commit an weigh the error of an error relocation and'or abuse ofdiscretion law and/or relocation factors the relocation of law law and'or forth in setforth factors set 23 Pa. in23 discretion Pa. C.S. Pa. discretion by CS. § CS. failing to by failing failing 5337(h)(6)? 5337(h)(6)? $ 5337(h)(6)? I I Father is Father is again is again asking again asking the asking the appellate court court to re-weigh evidence. The trial court’s re-weigh evidence. evidence. count's count's '' I I 5337(h)(6) findings §$5337(h(6) $5337(h(6) findings are are well-supported well-supported by well-supported by the the record record and and sensible. sensible. (See Trial sensible. {See Trial Court Trial Opinion, Court Opinion, Court Opinion,

7/31/2025, at 7/31/2025, 7/31/2025, pp. 48*-49.) at pp. pp. 48-49.) A 48-49.) custody analysis A custody "is not analysis “is "is not aa scorecard’ scorecard"1and scorecard" any select factors) any select and any factor(s) may factor(s) may may , I l l serve as serve the motivating as the motivating force motivating force behind force behind aa trial court’s decision. court's trial court's decision. See White, decision. See White, 296 White, 296 A.3d at 1214. A.3d at To 1214. T 1214.

the extent Father the extent Father believes other factors believes other should have should factors should have been been the motivating force the motivating motivating the trial behind the force behind trial I ;court’s court's ultimate court's ultimate decision, decision, again, decision, again, “[he] cannot again, "[he] "[he] cannot dictate cannot dictate the amount the amount of weight amount of the trial weight the weight court places trial court court places places II on evidence.” See on evidence." evidence."

Ihe 28. Ihe See AM,

The trial award of award A.Y., 87 A.Y.,

courtdid court trial court 87 A.3d

did A.3d at

did not of relocation relocation at 820.

not c 820. 820.

ommit an commit relocation despite an error error of select. of law aw select. credibility its select despite its aw and/or eredibility eredibility abuse of and/or abuse determinations. determinations, determinations, it discretion in its of discretion discretion it I In his twenty-eighth In his In his twenty-eighth issue raised twenty-eighth issue issue raised in raised in Concise his Concise in his his Father asks: Statement, Father Concise Statement, Statement, asks: asks:

Did the trial Did the court, commit court trial court comt an comt of law error of an error law and/or abuse law and/or abuse of of discretion discretion in awarding discretion in in awarding Mother awarding Mother relocation after making relocation after relocation a determination making a determination that determination that Mother that Mother was was not was credible and not credible not that Father and that Father was credible? credible? was credible?

R.R. R.R. R.R. 30 30 I 30 30 I I In an In In issue very an issue very like hike issue hike issue eleven. issue eleven, isis not Father is eleven, Father not only not only asking only the appellate asking the court to re¬ court to appellate court to re-

weigh evidence, but evidence, weigh evidence, but he is but is also is also mischaracterizing mischaracterizing count's findings. The trial count's findings. trial court’s this trial mischaracterizing this findings. court did not court did trial court not

make sweeping proclamation make aa sweeping proclamation that that one that one parent parent was was 100% 100% credible 100% credible and the other and the was not other was was at all. not at not all

j Instead, on select Instead, on Instead, select issues issues where where the the parties’ parties' testimony parties' testimony directly directly conflicted—namely, directly conflicted -namely, conflicted involving the involving -namely, involving the

safety of safety safety the Children of the and some Children and some of the issues of die the Mother's efforts regarding Mother’s regarding issues regarding Mother's to turn efforts to to turn the the Children Children

against Father—it against against Father-it opined Father-it on which opined on party credible and found credible it found party it which party and why. why. Here why. Here is is the is only time the only only time the the

trial court tri^l court dismissed court dismissed an of Mother’s aspect of an aspect credibility in Mother's credibility Mother's in its in fifty-six-page opinion: its fifty-six-page opinion: opinion:

The best The interest factors best interest significant Mother claims Mother best factors impacting difference in significant difference in this in otherwise, claims otherwise, impacting this matter. matter. See matter. the Court otherwise, the the Court safety of the safety impacting the of the id. §§ See id. $5 finds her Court finds her not not Children do Children the Children $5 5328(a), 5328(a), 5337(h). To 5337(h). credible; do not 5328(a), 5337(h). not credible', To credible; indeed, indeed, indeed, make aa not make the extent To the the her her extent proposed proposed proposed I final custody final final custody order custody order suggests suggests Father Father should get more get should get more physical physical custody than physical custody custody than he he currently has. currently has. has.

(^^ (See Trial Court (See Trial Court Opinion, Court Opinion, 172025, at Opinion, 7/31/2025, 7/31/2025, p. 5l at p. p. 5l (emphasis added).) 51 (emphasis The trial added).) The court trial court court then went then went went on to on to

specifically credit specifically specifically credit Mother's Mother's testimony testimony on testimony other issues, on other issues, particularly issues, particularly those particularly those that served that served as the served as the

motivating force for motivating force its for its for decision: its decision; decision;

The concededly odd The concededly concededly odd circumstances circumstances of the single-family of the available to home available single-family home single-family Mother to Mother to Mother in the in in the relocating relocating area area is is unique and is unique and not not transferable, not transferable, and transferable, the Court and the Court credits Court credits Mother's testimony Mother’s Mother's testimony andand the inferences that the inferences that she she would would notnot otherwise not otherwise be able to be able to to afford afford real estate afford real estate at estate at the the price price point point of point of the relocating relocating home. relocating home. . home. Court also The Court ..The ... Court also also credits her testimony credits her testimony testimony that there are that there some unique are some educational educational or unique educational or professional professional opportunities available opportunities available in in the in the relocation relocation area relocation area that that will that will provide her will provide her with her with unique unique unique professional and professional professional and potential potential financial potential opportunities. financial opportunities. financial opportunities.

(See id. (See W. at at 51-52 51--52 (citing 51--52 (citing 23 (citing Pa. 23 Pa. C.S. §$$ 5337()02), Pa. C.S. C.S. 5337()02), (6), & (7).) (6), & 5337(h)(2), (6), (7).) In In addition to In addition to mischaracterizing mischaracterizing mischaracterizing

the trial the trial court’s court's findings. court's findings, Father findings, Father seeks seeks to to have to appellate court the appellate have the appellate court either credit court either different testimony credit different testimony testimony

(which is (which is squarely is squarely within the within squarely within the province province of the trial of the trial count to do), court to count to do), or do), weigh the or weigh weigh the factors differently differently factors differently

and thereby and thereby reach reach aa different conclusion. But conclusion. different conclusion. But "[Father] But [Father] cannot [Father] cannot dictate cannot dictate the amount of the amount amount weight the of weight weight the

trial court places court trial court on evidence.” places on evidence." See A. evidence." See A.V., A.V., at 820. A.3d at 87 A.3d V., 87 87 820. 820.

R.R. R.R. 31 R.R. 31 31 31 7. 7. court The trialcourt 29 The dd not.commit court did dd not.commit an error pite its rror of finding of law and/or of law of some and/or abuse and/or abuse of coaching. ofdiscretion in discretion discretion in its in its 2 d of despite it» fading. relocation despite relocation sari of relocation w3f des it» cue coachin. fading. of cue In In his twenty-ninth issue twenty-ninth issue raised raised in in his Concise Statement, his Concise Statement, Father asks: Father asks:

I In his twenty-ninth raised in Statement, asks:

Did the Did the trial trial court court commit court commit an error commit an of law error of law ofdiscretion abuse of and/or abuse law and/or of discretion in awarding discretion in in awarding Mother awarding Mother Mother relocation after after making after making aa determination determination that determination that Mother Mother had improperly coached had improperly improperly coached the coached minor minor the minor r children? children? I weigh In In issue very tike an issue In an

or assign evidence or weigh evidence assign issue twelve, like issue like issue

assign dispositive twelve, Father twelve,

weight to dispositive weight weight is asking the again asking is again Father is asking

certain factor to aa certain to certain or factors, factor or appellate

factors, which factors, which of to either re- to either court to appellate court the appellate

of course the course the re- I law does law law not require not does not court to trial court require aa trial court do. The trial do. to do. trial court court determined determined the determined the factors involving the factors involving involving the the

Children's preferences Children’s Children's preferences were of limited were of limited probative limited value due probative value due to to to the coaching, and the coaching, coaching, determined from and determined from from

aa consideration of all consideration of all factors factors what what was what was in was in the in best interest the best best interest of the Children. of the Trial Court (See Trial Children. (See (See Trial Court

Opinion, 7/30/2025, Opinion, Opinion, 7/30/2025, at 7/30/2025, pp. 41-42, at pp. pp. 41-42, 47, 52-53.) 41-42, 47, 47, did find court did this trial court because this Effectively, because 52-53.) Effectively, Effectively, court did find that find that

there was coaching there was was coaching and coaching and influence by improper influence and improper by Mather, Mother, Father Mother, Father wants Father wants the trial court the trial to assign court to court to assign assign

determinative weight to determinative weight weight the factors to the factors that that involve involve that finding and that finding finding reach aa different and reach different conclusion. conclusion. conclusion.

Birt But “is not analysis "is custody analysis But aa custody "is not select factors) any select and any scorecard” and not aa scorecard" scorecard" any factor(s) may factor(s) may as the serve as may serve the motivating motivating motivating

force force behind force behind aa trial trial court’s court's decision. court's decision. at 1214. 296 A.3dat White, 296 See White, decision. See White, A.3d at 1214. To To the To the extent Father the extent Father believes believes

other factors other the motivating been the have been should have factors should force behind motivating force motivating force behind the behind court's ultimate trial court’s the trial court's decision, decision, ultimate decision,

aS3*0* "[he] again, again, [he] cannot "[he] cannot dictate cannot dictate the dictate the amount weight the trial weight the of weight amount of amount trial court court places places on on evidence.” evidence." See A evidence." See K, 87 , AV, 87 A.3dat820. 820. at 820. A.3d at

3®* 38. Th 38. courtdid Th trial trial court not commit did not not commit an commit error of an error and/or abuse of law and/or of law of discretion of in its discretion in discretion in its award of relocation despite its ward of its finding hatMother finding that finding Mother undermined undermined the undermined the relationshin relationship between between Father Father and Father fixe Children. and the the Children, Children, In his In In bis thirtieth bis thirtieth issue thirtieth issue raised raised in raised in his in his Concise Statement, Concise Statement, Father asks: Statement, Father asks: asks:

Did the trial Did the trial court court cpmrnit court commit error oflaw an error commit an law and/or oflaw and/or abuse and/or abuse ofdiscretion of in awarding in in awarding Mother awarding Mother relocation after relocation relocation making a after making a determination determination that determination that Mother that Mother has has a a history history of of thwarting of thwarting thwarting Father Father 's's relationship the children? relationship with the relationship

R.R. R.R. 32 R.R. 32 32 32 In issue very like lo an issue lo like issues thirteen thirteen and twenty-nine, thirteen twenty-nine, Father is again twenty-nine, asking the asking again asking the appellate appellate appellate

court to court court to either re-weigh toenher either re-weigh evidence re-weigh or assign evidence or assign dispositive assign dispositive weight dispositive factors, which or factors, factor or certain factor to aa certain weight to weight to certain factors, which

?• of of course course the the law law does not not require not require a trial court a trial court to court do. The to do. to do. The trial Mather has determined “Mother court determined trial court court Mather has

• engaged engaged m an established in an in established patter of established pattern patter conduct conduct to of conduct to undermine to undermine the relationship of the relationship relationship the Children of the and Children and

Father’’ Father" and Father" and weighed weighed the the factors factors affected affected by affected by that finding accordingly. that finding finding accordingly. (See accordingly. (See Trial Court (See Trial Trial Court Opinion, Court Opinion, Opinion,

: 7/31/2025, at 7/31/2025, 7/31/2025, pp. 39, at pp. pp. 39, 42, 39, 42, 44, 42, 44, 47-48.) 44, 47.48.) Effectively, 47.48.) Effectively, because Effectively, court did find court did trial court this trial because this did find that there find that there was was was

conduct by : ■ conduct by Mother undermining the Children's Mother undermining Children's relationship relationship with their relationship their father, father, Father father, Father wants wants the the

trial court . trial court to assign determinative assign to assign to determinative weight determinative weight to weight to that that finding involve that that involve factors that the factors to the that finding and finding reach aa and reach

different conclusion. different But aa custody conclusion. But conclusion. But custody analysis analysis "is not analysis “is "is not scorecard" and not aa scorecard” scorecard" factor(s) may select factors) any select and any any factor(s) may may

serve as serve motivating force the motivating as the motivating force behind force behind aa trial court’s trial court's decision. court's decision. See White, decision. See 1214, To at 1214. A.3d at 296 A.3d White, 296 White, 1214, T + the the extent extent Father Father believes other factors factors should should have have been been the the motivating motivating force force behind behind the trial I believes other should motivating the trial

court's ultimate decision, ;court court's ultimate ultimate decision, again, decision, again, "[he] again, “[he] cannot "[he] cannot the amount dictate the cannot dictate amount of amount weight court places the trial court weight the of weight trial trial court places places , on on evidence.” evidence."

31* Ts 31. 31. award sward SeeA.K, evidence." See

The trial trial A.Y, 87 A.Y,

trial court of sward of did did court court A.3d

relocation not commit did not .relocation not at 820. A3d at 87 A.3d 820

commit commit despite an an its an error error of error finding of of Jaw and/or of law Jaw some .relocation despite its finding of alienation. some some and/or abuse abuse of alienation. alienation. of discretion discretion in its discretion in in it I I In his In In his thirty-first thirty-first issue issue raised in his raised in raised in Concise Statement, his Concise Statement, Father Statement, asks; asks; Father asks;

Did the Did the trial court commit trial court commit an error commit an oflaw error of law and'or abuse law and'or and/or of discretion abuse of discretion in in in awarding awarding Mother awarding Mother relocation after making relocation after a determination making a determination that determination that Mother Mother alienated alienated the alienated minor children the minor against children against children against Father arid Father and their and community? their community community

weigh l ahi In l an issue an

weigh evidence very like issue very

assign dispositive or assign evidence or assign like issue fourteen, Father issue fourteen, fourteen,

weight to Father is again asking again

to aa certain weight to dispositive weight is again

certain asking the asking

certain factor factor or the appellate appellate court appellate

or factors, factors, which factors, court to

which of to either

course the of course either re¬

the re- I II : law law do^ not does law does not require not require aa trial court trial court to court to The trial do. The to do. do. trial court highlight and did highlight court did did highlight credit Father’s and credit Father'g Father'g

testimony involving Mother’s testimony involving involving Mother's acts Mother's of alienation. acts of alienation. {^eTrial alienation. (See Trial (See Trial Court Count Opinion, Count Opinion, 7/31/2025, Opinion, 7/31/2025, atpp. 7/31/2025, at pp. at 47, 47, pp. 47,

57.) Accordingly, 57.) Accordingly, the Accordingly, trial court the trial court weighed those court weighed those factors factors involving involving that involving factual finding, that factual finding, namely finding, namely namely

§ 5328(a)(8) & ;$5328(a)(8) $5328(a)(8) (13) and § 5337(h)(5) and & (13) ad $$ 5337(5) ad 5337(5) (8), in Father’s favor. and (8), in Father's in Father's favor. 47--50.)) 44, 47-50 42, 44, pp. 42, at pp. id. at (See id. favor. (See id. pp. 42, 44, 47--50.) R.R. R.R. 33 R.R. 33 33 33

I II The trial The .rial court trial court just court just emphasized emphasized different different factors in in making factors in its ultimate its making its ultimate determination. id. at (See id. determination. (See determination. id. at at

pp.5I-56.) pp. pp. A^ustody 51-56.) A not aa scorecard” "is not analysis “is custody analysis custody "is not scorecard" and any scorecard" any select select factor® may serve factor(s) may may as the serve as serve as the the

moti vating force motivating motivating behind atrial force behind trial court’s a trial court's decision. court's See White, decision. See decision. 296 White,296 White, 1214. To at 1214. A.3d at 296 A.3d 1214. the extent To the extent extent

r Father believes Father believes other factors should other factors should have have been been the the motivating force behind motivating force trial court’s the trial behind the court's court's

decision, again, ultimatedecision, ultimate decision, again, "[he] again, “[he] cannot "[he] cannot dictate cannot amount weight the of weight amount of the amount dictate the weight trial court the trial places on court places places on on evi^^ See A.., 87 evidence." See evidence." 87 A.3d A.3d at 820. at 820.

32. 32. The 32. The The trial award of was In more likely was.more In his In likely court court did trial court commit anerror of commit did not commit relocation despite of relocation likely to to.encourage thirty-second issue his thirty-second thirty-second despite its finding despite its to.encourage and finding that finding and. permit raised in raised issue raised in his in that permit laand/or abase of law la and/or that lather Mother was Mother was uncooperative uncooperative and

Concise Statement, his Concise between the contact between permicontact abuse of abase was uncooperative

Statement, Father Statement, discretion in ofdiscretion the Children Children and Father asks: as. as. and in its in its Father Father and Father and Mother. Mother. Mother. I Did the Did trial aourt the trial court com court commit an error commit an law of law error of and/or abuse and/or law and/or abuse of ofdiscretion awarding Mother in awarding in discretion in awarding Mother Mother relo^tton after relocation relocation after making after making a making a determination determination that Mother determination Mother refuses to cooperate refuses to to cooperate and co-parent cooperate and co-parent co-parent Father even with Father even wfien even when it is more convenient when convenient and inin the best interest interest of of the of the children children io to do to do so, so, so, while while also also making making a a determination determination that that that Father Father is is more likely encourage likely likely to to encourage and encourage permit permit and permit

. weight contract

Father between the contract between contract

Father is again asking is again is again

to aa certain children

asking the asking

factor or and Mother? children and the children

appellate court the appellate Mother?

court to either court to to re-weigh evidence either re-weigh re-weigh

the law evidence or

does not not require assign dispositive or assign assign dispositive dispositive I weight to weight certain factor certain factors, which or factors, or which of of course course the law does law not require trial court require aa trial to do. to court to court do. do.

The trial court The court did court did find that did find find that §$$ 5328(a)(8) 5328(a)(8) & (13) 1 3) as & (13) as well as §$$ 5337(h)(5) well as 5337((5) favored 5337((5) favored Father, favored and Father, and Father,

weighed them in weighed them them in Father’s in Father's favor. Father's favor. (See favor. (See Trial Trial Court Court Opinion, Court Opinion, 7/3 Opinion, 7/31/2025, pp. 42, at pp. 1/2025, at pp. 44. 47-48.) 42, 44, 42, 44, 47.-48.) The 47.-48.) Te

. trial . court jpst trial court just emphasized different just emphasized different factors in factors in making its in making at pp. id, at (See id. determination. (See ultimate detennination. its ultimate its determination. (See at pp. pp.

: -56 ^ 5I--56.) 5I--56.) A custody analysis A custody "is not “is analysis "is scorecard” and not aa scorecard" scorecard" and any any select select factor(s) factor(s) may factor(s) may serve may serve as the serve as the

•. motivating force motivating force behind force behind aa trial court’s decision. court's trial court's decision. See decision. White, A.3d at 296 A.3d White, 296 See White, 1214. To at 1214. 1214. the extent To the the extent

Father believes other factors Fatherbelievcsother believes other should have should factors should have been been the motivating motivating force motivating force behind behind the trial court’s the trial trial count's count's

ultimate decision, ultimate decision, again, “[he] again, decision, again, "[he] cannot dictate cannot "[he] cannot dictate the amount dictate the amount of weight amount of the trial weight the weight places on court places count trial count places on on

evidence.” evidence." See evidence." See A. 87 A.3d K, 87 A.V, A.V, A.3d at 820. at 820. 820.

R.R. R.R. 34 R.R. 34 34 34 I tril ■ 33. .T Te tril 116 court court did not °rt did not commit not commit commitanan error error of Jaw and/or ofJaw Jaw of discretion abuse of ad/or abase abuse in discretion in discretion considerimrMother’s considering considering Mother's conduct. eonduet. In his In thirty-third issue his thirty-third thirty-third raised in raised issue raised in his in Statement, Father Concise Statement, his Concise Statement, Father asks: Father asks: asks:

Given Mother ’s Given Mother 's history and the history and the evidence ofthis evidence of this case, case, did case, did the did the trial trial court abuse trial court court abuse its its discretion make an and/or make an error error of oflaw law in in properly properly considering Mother ’s history of of

I discretion and/or law in considering considering Mother's history of history fining to failing failing to to act act in in in good good faith faith and and attempting attempting attempting to to limit limit Father’s custodial Father's Father's tine tine with the custodial time with custodial the children? children?

Father is Father is again again appellate court the appellate asking the again asking count to count to either re-weigh to either assign dispositive or assign or evidence or re-weigh evidence dispositive dispositive

weight to weight to certain factor acertain to acertain or factors. factor or factors. A factors. custody analysis custody A custody any select and any scorecard" and not aa scorecard” "is not analysis “is "is not scorecard" any select select

factor(s) may factor(s) motivating force behind motivating force as the motivating serve as may serve behind aa trial court’s trial court's 296 A.3d Whie, 296 See White, decision. See decision. court's decision. 4.34 4.34

at 1214, at 1214. To 1214. To the To extent Father believes extent Father the extent Father other factors believes other factors should should have have been the motivating been the motivating force motivating fore fore

behind the behind the court’s court's ultimate trial court's the trial decision, again, ultimate decision, again, "[he] again, "[he] amount of the amount dictate the cannot dictate “[he] cannot cannot dictate amount weight the of weight weight the the

; . trial trial court court places A.,, 87 evidence.” See A.K, on evidence." places on evidence." A.,, at 820. A.3d at 87 A.3d 820, 820,

3%. The trial 3%. The 34 - trial court court did not not commit.an error error The frjal court did not commit an error of did commit.an of law law and/or abase law and/or and/or discretion in abuse of discretion abuse discretion of of in in awarding ±wading Mother ±wading Mother primary primary physical physicalcustody. custody. custody. In his In his thirty-fourth his thirty-fourth issue raised thirty-fourth issue raised in in his raised in Concise Statement, his Concise Father asks: Statement, Father Statement, asks: asks:

Did the Did trial c the trial ourt commit court court commit an commit law and/or error oflaw an error of law and/or abuse of and/or ofdiscretion discretion in discretion in awarding awarding Mother Mother primary physical primary physical custody against physical custody against the the weight weight of weight ofevidence, evidence, the trial evidence, the court's credibility trial court's credibility credibility determinations, and determinations, determinations, and the the trial the trial court's 's determination court 's court custodyfactors? the custody of the determination of determination of factors? factors?

Father is again Father again asking again the appellate asking the appellate court court to court to either re-weigh to either assign dispositive or assign evidence or re-weigh evidence re-weigh assign dispositive dispositive

weight to aa certain to weight to certain factor certain or factors. factor or factors. First, factors. First, the the trial trial court court expressly expressly considered and expressly considered applied all and applied applied all

sixteen custody sixteen sixteen custody factors. factors. (See factors. (See Trial Trial Court Trial Court Opinion, 37-45.) Second, at 37-45.) 7/31/2025, at Opinion, 7/31/2025, Court Opinion, 7/31/2025, at 37-45.) Second, the Second, the trial court court trial court

; did did npt did not make not sweeping proclamation make aa sweeping sweeping proclamation that one parent that one parent was parent was 100% credible 100% credible and the other and the was not other was was not not

at all. : at all. Instead, Instead, on Instead, issues where select issues on select where the parties’ testimony parties' the parties' directly testimony directly conflicted—namely, directly conflicted-namely, conflicted-namely,

involving the involving involving the safety Children and some the Children of the safety of safety some of of the the issues issues regarding regarding Mother’s regarding Mother's efforts Mother's to turn efforts to to tum the tum te te

Chfldrenagainst Children Father—it opined Father--it against Father--it Children against opinedon opined which party on which on found credible found it found party it and why, credible and credible why, at why, times finding at times finding finding

Mother credible Mother Mother credible and credible other times and other times finding finding Mother finding Mother not Mother not credible. (See be credible. to be not to credible. id at (See id. at 51-52.) 51-52, 51-52, R.R. R.R. 35 R.R. 35 35 35

II II ' Finally, as to the Finally, as the weight weight of ofthe the evidence, evidence, the the trial trial court considered considered all all evidence- evidence--- Anally, as to the weight of the evidence the trial e h . . , unsurprisingly, unsurprisingly, Father identifies Father identifies no ■ of no specific piece evidenceconsidered of evidence that the that evidence— allcourt the trial trial court failed filed to to ew

consider, consider, eonsider he disagrees with how just disagrees he just te^^ how the the' trial ^er, he just disagrees with how the trial trial ' weighed it. court weighed ■ u □ (See Trial it. (See Trial Court Opinion, Opinion, i ™ 7/31/2025, at 1--36, 7/31/2025, at 5,at^^ $ 1--391.) Yet I--36,1-391.) Yet again, "[Father] cannot again, [Father] . W“ ^ cannot dictate B 391 .) Yet again, “[Father] cannot dictated dictate the the amount amount of aiC ^P^ weight the trial of weight trial I court places on evidence." See A.V, 87 See A.V,, 87 A.3d A.3d at at 820. Again, aa custody 820. Again, analysis "is custody analysis not a "is not rourt places on cvidmce " See A v S7 . , , amo “”> ° weight the trial

scorecard" scorecard" and ^an^ae^^ decision. select^^attlM any select and any

decision. See White, Whie, 296 factor(s) factor(s) may

A.d at 1214. 296 A.3d may serve theAgain. serve as the ae^ana^.,,,,^ motivating motivating force behind force behind aa trial trial court's court's I <>lon. See Wht^, 296 A. 3d at 1214. * 3$. Th 35. ti 1¢ trial! spurt mot commit eesrtdid not commit as an error err of oflaw and/or nd/or abuse bsseof discretion discretion in ranting matins Mother's.request forfor retoea tion.

I relocation.

In In his thirty-fifth issue his thirty-fifth issue raised raised in in his his Concise Statement, Father asks: Statement, Father asks:

Did Did the the trial court commit relocation commit an against the weight relocation against an error error of law ofthe weight of law and/or and/or abuse of the evidence, the trial ofdiscretion discretion in trial court's awarding Mother in awarding Mother credibility determinations, court's credibility determination, l I ^ ^ theS^lMew:gta ^^^„^? r°^ o fd

weight Father Father is again asking the again asking

certain factor or weight to aacertain appellate court the appellate

or factors. First, the to either court to

factors. First, re-weigh evidence either re-weigh evidence or

the trial court expressly assign dispositive or assign

expressly considered dispositive

and applied all considered and all I relocation relocation factors. (See Trial factors. (See Trial Court Opinion, 7/31/2025, at 45--50.) 7/31/2025, at 45-50.) Second, the trial Second, the trial court court did did

.not make nntmanot . make aa sweeping proclamation that proclamation that one 5°*' credible parent was 100% one parent 100% credible trial the the Second, and and did not courtwas the other other was not at at ' SS~ to one parent was cred .b|e air r all. । x Instead, all. Instead, on on select issues where the select issues the parties' testimony testimony directly directly nc other conflicted was not atinvolving namely, conflicted-namely, 1u,vanat

the the safety ofthe safety of and some ofthe the Children and issues regarding the issues regarding Mother's efforts to Mother's efforts the Children to turn the

against Father -it it opined on Father party itit found credible on which party credible and and why, why, at at times times finding Mother finding Mother

credible and other other times finding Mother times finding Mother not credible. (See to be credible. not to (See id. id. at at 51-52.) 51-52.)

Finally,as to the weight Finally,as weight of the evidence, of the the trial evidence, the court considered trial court all evidence-- considered all evidence

Ms “ ,0 Father unsurprisingly, unsurprisingly, identifies no Father identifies o specific “— specifie piece piece of - sid ered of evidence evidence that the that all trial trial court theevide _ court failed filed to to

consider, he consider, he just with how just disagrees with how the the trial trial court weighed weighed it. (See Trial it. (See Court Opinion, Trial Court Opinion,

7/31/2025, at 7/31/2025, 7/31/2025 at 1 36^ at 1-36, Yet again, 1--391.) Yet 1-36,1-391.) [Father] cannot again, "[Father] cannot dictate dictate the ™ Court <>PWon, weight the trial the amount amount of of wright trial I R.R. R.R. 36 36 R.R. 36 36 36 4.V.,87 A.d the trial court places on evidence." See A.,,87 is not a A.Jd at 820. Again, a custody analysis is .the tttal court places on evidence." See A. K, 87 A3d at 820. Again, a custody analysis "is not a scorecard" scorecard" and any any select factor(s) factor(s) may serve as the motivating may serve force behind aa trial court's motivating force scorecard” and any select factor® may serve as the motivating force behind a trial court's decision, See decision. See Wkite, White,296 296 A.3d at 1214. decision. See White, 296 A,3d at 1214, I. III. CONCLUSION in. CONCLUSION e Children based on factual findings that This trial court considered the best interests of the This trial court considered the best interests of the Children based on factual findings that supported by the are suppored the record and thoroughly addressed every factor. For Far the foregoing reasons, are supported by the record and thoroughly addressed every factor. Fprthe foregoing reasons, be affirmed. this trial court respectfully requests that its Final Custody Order be this trial com respectfully requests that its Final Custody Order be affirmed. COURT: BY THE COURT. BY THE COURT:

Rachel Ezell Ezzell Berry.}. Bery. J. Rachel Ezzell Berry. J.

R.R. 37 R.R. 37 R.R. 37 37 37