Paris, A. v. Paris, N.

CourtSuperior Court of Pennsylvania
DecidedOctober 15, 2025
Docket529 WDA 2025
StatusUnpublished

This text of Paris, A. v. Paris, N. (Paris, A. v. Paris, N.) 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
Paris, A. v. Paris, N., (Pa. Ct. App. 2025).

Opinion

J-S29001-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

ANTHONY T. PARIS : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : NICOLE M. PARIS : : Appellant : No. 529 WDA 2025

Appeal from the Order Entered April 3, 2025 In the Court of Common Pleas of Bedford County Civil Division at No(s): 1542 for the year 2012

BEFORE: NICHOLS, J., SULLIVAN, J., and BENDER, P.J.E.

MEMORANDUM BY NICHOLS, J.: FILED: October 15, 2025

Appellant Nicole M. Paris (Mother) appeals from the custody order

granting Anthony T. Paris (Father) primary physical custody and Mother partial

physical custody of the parties’ thirteen-year-old child, A.P. (Daughter).

Mother argues that the trial court lacked reasonable evidence to award Mother

only partial physical custody where a prior custody order had awarded the

parties shared physical custody. We affirm.

The relevant facts and procedural history of this matter, as summarized

by the trial court, follows:

[Father] and [Mother] are the natural parents of two minor children, [T.P.], born [in] August [of] 2007 [(Son)]1 and

____________________________________________

1 We note that Son turned eighteen years of age in August of 2025 during the

pendency of this appeal. Accordingly, Son has attained the age of majority and is, therefore, no longer subject to parental custodial litigation. See 23 Pa.C.S. §§ 5101 (attainment of full age), 5202 (defining “child”). J-S29001-25

[Daughter], born in January [of] 2012 . . . . The case commenced . . . in 2012.

* * *

[O]n December 14, 2022, the Blair County Court entered an order continuing the shared physical custody arrangement for [Daughter] and Mother exercising continued visits with [Son] on Sundays . . . as well as other times by mutual agreement.

The instant litigation commenced when Mother filed a petition for contempt and special relief on July 22, 2024 in Blair County[] regarding [Daughter]. Mother’s [contempt] petition alleged and the evidence supported the fact that during 2023, [Son] began spending more time with Mother and eventually began living with [Mother] full-time, although the parties did not return to court to update the custody order. [Son] has rarely visited with Father in the intervening two years. The parties continued to share physical custody of [Daughter] until December of 2023. Thereafter, despite the order granting shared physical custody of [Daughter], she began living primarily with Father and rarely saw Mother. At a conference in Blair County on September 23, 2024, the parties agreed that they had not been following the terms of the prior custody order and that the appropriate venue for the case would be Bedford County and the matter was transferred accordingly. Following the transfer, Mother filed a petition for modification of the custody order in Bedford County on November 20, 2024. In her petition, Mother [sought] to revert back to shared (50/50) physical custody of [Daughter], [having] only seen [Daughter] three times since December [of] 2023, with each visit only lasting one to two hours.

A custody conference was held on January 27, 2025, whereupon an evidentiary hearing was scheduled and [the trial] court entered an interim custody order to reflect the current arrangement for both [Son] and [Daughter]. A custody evidentiary hearing was held on April 2, 2025, whereupon each parent testified and the [trial court] interviewed [Daughter].

Following the hearing, the [trial court] entered an order [on April 3, 2025] indicating that . . . Father will retain primary physical

-2- J-S29001-25

custody of [Daughter][2] and Mother will begin seeing [Daughter] on a slowly increasing basis with the goal of rebuilding their fractured relationship in a measured, emotionally appropriate fashion. . . . The [trial court] further ordered that [Daughter] be enrolled in a program of therapeutic counseling and that both parties cooperate with any recommendations of the counselor.

On May 1, 2025, Mother filed both a post-trial motion for reconsideration and a notice of appeal. On May 5, 2025, [the trial court] denied Mother’s post-trial motion for reconsideration.

Trial Ct. Op., 5/15/25, at 1-4 (footnote omitted and some formatting altered).

Both Mother and the trial court complied with Pa.R.A.P. 1925.

On appeal, Mother raises the following issue:

Whether the [trial] court erred and abused its discretion in awarding primary custody of [Daughter] to [] Father rather than continuing the equally shared schedule previously awarded without any reasonable evidence to support that change?

Mother’s Brief at 5.

Mother argues that the trial court’s “conclusions are unreasonable as

shown by the evidence of record” and that the trial court therefore abused its

discretion in denying Mother’s request for shared physical custody of

Daughter. Id. at 12-17. Specifically, Mother contends that the trial court

failed to articulate why awarding Mother shared physical custody would cause

harm to Daughter’s “stability and continuity in family life, community, etc.[,]”

given that the parties had “exercised a week on week off” schedule for the

majority of Daughter’s life. Id. at 14. Mother also claims that the trial court

2 We note that in the same custody order the trial court awarded Mother primary physical custody of Son. See Trial Ct. Order, 4/3/25, at 1 (unpaginated).

-3- J-S29001-25

should have found, based on Mother’s testimony, that Father posed a safety

concern to Daughter and that Mother is the parent “most likely to encourage

and permit continuing contact with the other parent.” Id. at 13. Mother

asserts that “it doesn’t seem like the [trial] court took [] into consideration”

Mother’s testimony of Father’s attempts to turn Daughter against Mother. Id

at 14. Mother contends that the trial court “should have [placed] more

emphasis on the proximity of the [parties’] residences” to award shared

custody rather than merely noting “that the distance will not hamper Mother’s

ability to exercise custody.” Id. at 15. Mother argues that the trial court’s

conclusion that there was “conflict between the parties” affecting the “ability

to cooperate with one another” was contradicted by the trial court’s own

statements. Id. (citing N.T., 4/2/25, at 109-110). Mother claims that the

trial court improperly “put a lot of weight” on Mother’s failure to seek court

intervention when Daughter first began to reside exclusively with Father, in

violation of the then-existing custody order, despite the fact that “the trial

court accepted [Mother’s] testimony” explaining her reasons for this delay.

Id. (citing N.T., 4/2/25, at 49-50). Accordingly, Mother urges us to find that

the trial court’s order is “unreasonable in light of the evidence of record.” Id.

at 17.

Pursuant to the Child Custody Act (the Act), 23 Pa.C.S. §§ 5321-5340:

In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion. We must accept findings of the trial court that are supported by competent evidence of record, as our role does not include making independent factual determinations. In addition, with regard to issues of credibility

-4- J-S29001-25

and weight of the evidence, we must defer to the presiding trial judge who viewed and assessed the witnesses first-hand. However, we are not bound by the trial court’s deductions or inferences from its factual findings. Ultimately, the test is whether the trial court’s conclusions are unreasonable as shown by the evidence of record.

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Bluebook (online)
Paris, A. v. Paris, N., Counsel Stack Legal Research, https://law.counselstack.com/opinion/paris-a-v-paris-n-pasuperct-2025.