Land, M. v. Land, K.

CourtSuperior Court of Pennsylvania
DecidedApril 8, 2026
Docket1164 WDA 2025
StatusUnpublished
AuthorMurray

This text of Land, M. v. Land, K. (Land, M. v. Land, K.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Land, M. v. Land, K., (Pa. Ct. App. 2026).

Opinion

J-A06025-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

MATTHEW W. LAND : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : KARA LYNN LAND : No. 1164 WDA 2025

Appeal from the Order Entered August 26, 2025 In the Court of Common Pleas of Westmoreland County Civil Division at No(s): 21DO00956

BEFORE: OLSON, J., MURRAY, J., and BECK, J.

MEMORANDUM BY MURRAY, J.: FILED: April 8, 2026

In this child custody action, Matthew W. Land (Father) appeals from the

order granting Father and Kara Lynn Land (Mother) shared legal custody,

Father primary physical custody, and Mother partial physical custody, with

respect to their two daughters, D.L. (born in August 2007) and M.L. (born in

April 2012) (collectively, Children). We affirm.

We briefly summarize the procedural background. The parties married

in 2006. Father filed for divorce in 2021 and sought primary physical custody

of Children.1 The first custody order, entered on June 13, 2022, granted the

parties shared legal custody of Children.2 See Order, 6/13/22, at 1. The

____________________________________________

1 The parties’ divorce became final in 2023.

2 The parties continued to share legal custody in all subsequent custody orders. J-A06025-26

order initially granted Father primary physical custody and Mother partial

physical custody, but provided for a progressive schedule that transitioned the

parties to shared physical custody by August 2022. Id. at 2-3.

On December 7, 2022, with the consent of both parties, the trial court

entered a second custody order. Sometime between the first and second

orders, Mother moved to Ohio, approximately two hours away from Father’s

residence in Westmoreland County, Pennsylvania. The second order granted

primary physical custody to Father, with Mother exercising partial physical

custody every other weekend. See Order, 12/7/22, at 3 (unpaginated).

Custody exchanges were to occur in Westmoreland County, with Mother

responsible for transportation. Id. at 5 (unpaginated).

On July 18, 2024, Mother filed a petition for modification of the

December 7, 2022, order, seeking increased periods of physical custody. On

September 12, 2024, the parties and Children participated in a conciliation

conference before a hearing officer.

On September 27, 2024, upon the hearing officer’s recommendation,

the trial court entered a custody order modifying the parties’ custody

arrangement, in pertinent part, as follows: Mother was to exercise partial

physical custody of D.L. only as agreed upon by the parties and D.L.; Mother

was to exercise partial physical custody of M.L. for three weekends per month;

custody exchanges on two of the three weekends were to occur in

Westmoreland County, with Mother responsible for transportation; on the

-2- J-A06025-26

third weekend, the custody exchange was to occur at a location in Cranberry

Township, Pennsylvania, approximately equidistant between the parties’

respective residences, with the parties sharing responsibility for

transportation; and the parties were to obtain a therapist for M.L. and follow

the therapist’s recommendations. See Order, 9/27/24, at 2-3.

The September 27, 2024, order provided that it would become a final

order unless either party filed a praecipe for a pre-trial conference within thirty

days. On October 10, 2024, Mother filed a praecipe for a pre-trial conference.3

The trial court held a pre-trial conference on January 6, 2025.

A two-day custody trial took place on June 16-17, 2025. The trial court

heard testimony from Father, Mother, and Mother’s husband. See N.T.,

6/16/25. Additionally, the court interviewed D.L. and M.L. in chambers,

outside the parties’ presence. See N.T., 6/17/25.

3 On or before October 8, 2024, Father filed a petition for special relief. See Order, 10/8/24 (indicating a hearing would be scheduled on Father’s petition for special relief). Our review discloses the petition does not appear on the docket and is not contained in the certified record. The petition apparently involved Father’s allegation that, while Mother had physical custody of M.L. in September 2024, a police officer “caught” M.L. “having sex in the parking lot at [a] high school football game with a boy whom Father had warned Mother about a year prior….” Father’s Pre-Trial Statement, 6/6/25, at 4 (unpaginated). The petition apparently sought to suspend Mother’s physical custody of M.L. See Mother’s Pre-Trial Statement, 12/30/24, at 2 (unpaginated). Following a December 5, 2024, hearing, at which only Father testified, the trial court entered an order denying the petition. See Order, 1/3/25. The order further provided, “[u]pon agreement of the parties,” that, inter alia, M.L. was not permitted to use social media or “bring friends with her during her visits with Mother.” Id.

-3- J-A06025-26

On July 10, 2025, the trial court entered an opinion and order. The

order provided, in pertinent part, as follows: Father was granted primary

physical custody of both Children; Mother was to exercise partial physical

custody of D.L. only as agreed upon by the parties and D.L. 4; Mother was to

exercise partial physical custody of M.L. every other weekend; Mother was

entitled to exercise physical custody of M.L. during a third weekend each

month, provided that this custody was exercised in the Westmoreland County

area, near Father’s residence; custody exchanges were to occur in Cranberry

Township, with the parties sharing responsibility for transportation. See

Order, 7/10/25, ¶¶ 2, 3, 8.

On August 7, 2025, Father filed a petition for reconsideration of the July

10, 2025, order. On August 26, 2025, the trial court entered an order making

two minor changes to its July 10, 2025, order, but otherwise denied Father’s

petition for reconsideration. See Order 8/26/25 (changing language from

“third weekend” to “additional weekend,” and changing the Cranberry

Township custody exchange location from GetGo to Sheetz).

Father filed a timely notice of appeal and contemporaneous Pa.R.A.P.

1925(a)(2)(i) concise statement. The trial court filed an order under Rule

1925(a), incorporating its July 10, 2025, opinion.

4 The trial court found that D.L. “is about to be an adult” and “wishes to continue to see Mother on her [own] terms.” Trial Court Opinion, 7/10/25, at 10 (unpaginated).

-4- J-A06025-26

Preliminarily, we observe that D.L. attained the age of 18 in August

2025. D.L. is therefore no longer a “child” as defined by the Child Custody

Act. See 23 Pa.C.S.A. § 5322 (defining a child as “[a]n unemancipated

individual under 18 years of age”). Accordingly, neither this Court nor the

trial court have subject matter jurisdiction over D.L. See M.B.S. v. W.E., 232

A.3d 922, 928 (Pa. Super. 2020) (observing that, with respect to a child about

to turn 18 during the pendency of the appeal, “neither this Court nor the trial

court will have subject matter jurisdiction over [the child] … under the Child

Custody Act” after the child’s 18th birthday). Though Father’s appellate brief

does not explicitly acknowledge that D.L. is no longer subject to the instant

custody proceedings, Father appears to limit his argument to the custody of

M.L. See Father’s Brief at 18-26 (argument referring to “the child” in the

singular). To the extent this appeal may relate to the custody of D.L., it is

moot.

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Land, M. v. Land, K., Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-m-v-land-k-pasuperct-2026.