Dilworth, A. v. Dilworth, J.

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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

3

J-S47013-25

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.

4

J-S47013-25

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

5

J-S47013-25

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.

6

J-S47013-25

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.

7

J-S47013-25

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

8

J-S47013-25

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.

9

J-S47013-25

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

10

J-S47013-25

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

11

J-S47013-25

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).

12

J-S47013-25

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.

13

J-S47013-25

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

14

J-S47013-25

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?

15

J-S47013-25

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?

16

J-S47013-25

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

17

J-S47013-25

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.

18

J-S47013-25

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.

19

J-S47013-25

(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.

20

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.

21

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

22

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.

23

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.

24

J-S47013-25

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

25

J-S47013-25

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

26

J-S47013-25

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.

27

J-S47013-25

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.

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.

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

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

1616

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.

1717

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.

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 cotheco ¬

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

1919

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.

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.

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.

2222

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.

2323

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.

2424

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.

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.

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.

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.

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.

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.

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.

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

New New Jersey. NewJersey.

Jersey.

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.

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.

3333

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.

3434

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.

3535

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.

3636

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

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).

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.

3939

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.

4040

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.

4141

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

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

4343

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.

4444

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.

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 afourfour

-

4646

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

4747

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.

4848

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

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

5050

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 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

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

5454

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

55

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

5656

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.

Circulated 02/18/2026 02:12 PM

'

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 Counterno . 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

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 <a) entry

as the

the

of August 29, 2025. Accordingly, the sixteen 1le8 ™ of

on or round June

or around around

June 30,

30, 2025,

JuneCourt's

the_Trial Count's prevlusty in

30, 2025.

2025. to

to take

Order Order

take effect to take effect on

on effective

effectthe

preceded

in effect are addressed here on August

Auge

August date

date II!

II

1le. elusty bere.

of’August 29, 2025' AccoX^ S 5s

66

, deteoninadons. ■' determinations. With determinations. respect to With respect to the

to the custody

custody factors, trial court this trial

factors, this

custody factors, this weighed §$$ 5328(aX3), (4), weighed

court weighed

5328(a)y3),(4 5328(a)y3),(4

, i (10), . (12), and (10),(12), (10),(12), and (14) in Mother's (14) in

in Mother's favor. This

Mother* favor.

favor. 1)(6), (8), 5328(a)(2.1)(b),

weighed $§ 5328()(2.

court weighed

trial court

This trial weighed 5328()(2. 1)(6), and (1 1), and (11), and

(8), (11), (8),

(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),

. <IS). and()6)

(15), (15), (6) to

and (6) be neutral.

to be to (See Trial neutral. (See Trial Opinion, 7/30Z2O25, Court Opinlon,

Trial Count

Count Opinlon, 7/30/2025, at pp.

7/30/2025, at Wilh respect 37-45.) Wit

pp. 37-45.) pp. 37-45.) Wit reseet

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 firstthe witnesses

witnesses firstfirst

-

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

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

!

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 \<xmmitan mor the custody of law and/or abuse factors as set forth

custodyfactors of discretion in 23 Pa. CS. $

forth in by failing 5328(a)(1) through $5328(a)(l) to

adeqyalelywetgh

(a)(16)? (6)016)? the custodyfactors as sei forth In 23 Pa, C.S. f 3328(a)(1) through

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 evidenceevidence

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. •

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«<lr^ 52284410) favored 22L11

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 : 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

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

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

[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 fourfour

-

R.R. 23 R.R. R.R. 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<V202S.,« p. !44M5.) Knowing the parties disagreed on this point.

the the trial trial court

court expressly credited

credited Mother's

Mother's testimony on this testimony on this issue,

issue, stating [tJhe [cJourt also also

0, , the trial court expressly credited Mother’s testimony on this issue, stating “[t]he [cjourt also credits [Mother's] testimony that there are some unique educational or professional professional opportunities credits [Mother's] testimony that there are some unique educational or professional opportunities available in the

the relocation area that will' provide her with unique professional professional and potential available in the relocation area that wifi provide her with unique professional and potential financial opportunities." (See Trial Court Court Opinion, 7/31/2025, at 51-52.)

51-52.) It is well-established financial opportunities." (See Trial Court Opinion, 7/3 1/2025, at 51-52.) It is well-established that with

with regard toto issues of credibility and weight of the the evidence, [the appellate court] must that “with regard to issues of credibility and weight of the evidence, [the.appeliate court] must defer defer to the presiding

presiding trial

trial judge who viewed and assessed thethe witnesses first-hand." See White.

..deferto the presiding trial judge who viewed and assessedthe witnesses first-hand.” See Mire.

296 A.3d at 1213. And of course, because financial benefit and educational opportunity to the - 296 A.3d at 1213. And ofcomse, because financial benefit and educational opportunity to the

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

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

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 factin

its in factfact

-

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

, 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

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 factits

fetfet

-

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

32

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 reto 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

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 evidenceevidence

---

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<fence-

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<xre‘ ionln m ^ I I

r andma

the trial court 's's determination trial court e

determination ofthe relocation of relocation factors factors?

^the mol eourt^etermUMi^ oftherelocM^oZ^^

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

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