Perez, L. v. Smith, B.

CourtSuperior Court of Pennsylvania
DecidedJune 4, 2026
Docket1792 MDA 2025
StatusUnpublished
AuthorBender

This text of Perez, L. v. Smith, B. (Perez, L. v. Smith, B.) 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
Perez, L. v. Smith, B., (Pa. Ct. App. 2026).

Opinions

J-S14031-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

LIZMARIE PEREZ : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : BRADLEY J. SMITH : : Appellant : No. 1792 MDA 2025

Appeal from the Order Dated December 11, 2025 In the Court of Common Pleas of York County Civil Division at No. 2025-FC-000814-03

BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and BENDER, P.J.E.

MEMORANDUM BY BENDER, P.J.E.: FILED: JUNE 4, 2026

Bradley J. Smith (Appellant) appeals pro se from the order awarding

sole legal custody and primary physical custody of the parties’ children to

Lizmarie Perez (Mother). We affirm.

The parties have two children: L.S., born in 2016; and N.S., born in

2018 (collectively, Children). On April 16, 2025, Mother filed a complaint for

legal and primary physical custody of Children. Mother averred that Children

had been living with her exclusively for more than three years. Complaint,

4/16/25, at ¶ 6. She explained:

The parties separated on January 18, 2022, and Father filed a Complaint in Divorce …. Mother has exercised sole physical custody of [C]hildren since the parties separated until February 2025. Since February 2025, Father exercise[d] partial physical custody every two (2) weekends from Saturday at 10:00 a.m. to 8:00 p.m. and Sunday at 10:00 a.m. to 7:30 p.m. Father does not have any overnights. Father only recently began exercising J-S14031-26

partial custody upon the expiration of a three (3) year Protection from Abuse [(PFA)] Order.

Conciliation Conference Memorandum, 6/5/25, at ¶ 4.

On June 25, 2025, the trial court entered an interim order granting the

parties shared legal custody, granting Mother primary physical custody, and

granting Appellant “supervised partial physical custody of [C]hildren every

other Saturday and Sunday from 10:00 a.m. until 7:30 p.m.” Interim Order

for Custody Pending Trial, 6/25/25, at 5.

On August 22, 2025, the parties appeared before the trial court for a

pre-trial conference. Mother’s counsel relayed that Appellant’s supervised

visits had not occurred because he had not filed a criminal history verification

form or affidavit of supervision. N.T., 8/22/25, at 3. Counsel stated:

[Appellant] has seen [C]hildren twice while [M]other was present for a brief period of time that she allowed him to meet, like, at an ice cream shop[,] and that’s the only contact he’s had.

… I sent [Appellant] a sample of the affidavit, the supervision affidavit and the criminal history verification to encourage him to complete that so that the supervised visits can begin and I have not received a response.

Id.

When the trial court attempted to question Appellant, he refused to

provide substantive answers and eventually stopped speaking. For example,

THE COURT: [Appellant], have you filed a pretrial memo and parenting plan?

[APPELLANT]: First of all, I’m going to make a special appearance request --

-2- J-S14031-26

THE COURT: You’re either before the [c]ourt or you’re not before the [c]ourt. Are you before the [c]ourt for the matter before the [c]ourt?

[APPELLANT]: Yeah. I’m here for a special appearance, just general appearance.

THE COURT: You’re here before the [c]ourt so either you’re participating with the [c]ourt or you’re not. Are you participating?

[APPELLANT]: I’m here for a special appearance, yes.

THE COURT: The [c]ourt’s going to proceed. The [c]ourt has before it a matter appropriately before [it], a custody complaint has been filed. You’re the [d]efendant and so you’ve appeared. The [c]ourt’s accepting your appearance as accepting jurisdiction of this [c]ourt over you by your appearance before the [c]ourt.

[APPELLANT]: No. I’m here on a special -- a general appearance.

THE COURT: You can call it whatever you want, sir. You’re before the [c]ourt. So did you file a pretrial memo or parenting plan as ordered by this [c]ourt?

[APPELLANT]: So are you going to allow me to do my special appearance?

THE COURT: You’re before the [c]ourt. You’re going to answer the [c]ourt’s questions. Did you file a pretrial memo and parenting plan as ordered by this Court?

[APPELLANT]: Is that a yes or no?

THE COURT: You’re going to answer the [c]ourt’s questions. You’re not asking questions right now.

[APPELLANT]: All right. Let the record reflect that I raised timely a clear Constitutional objections [sic] and right now I invoke my right to remain silent.

THE COURT: What is your objection to appearing?

[APPELLANT]: You didn’t allow me to do it. I asked you, I wanted to come in on a special appearance. You’re not allowing me. I’m trying to be respectful here --

THE COURT: No.

[APPELLANT]: You’re trying to take advantage --

-3- J-S14031-26

THE COURT: Listen --

[APPELLANT]: -- of my rights --

THE COURT: Listen. Stop talking …

[APPELLANT]: All right.

THE COURT: Do not speak unless called on. ... When you’re in a courtroom, and a [j]udge gives you an order, you comply with it. I’m going to show respect to you as long as you show respect in return, and even then the [c]ourt’s going to show respect. I’m going to conduct this hearing appropriately, but you have to understand, you’re in a court of law before a [j]udge, and you will adhere to the direction of the [j]udge, whether you agree with them or not, you will follow orders of the [c]ourt. …

[APPELLANT]: Okay. I’m allowed to speak?

THE COURT: Uh-huh.

[APPELLANT]: My objection is I’m not here under – I’m objecting to being here under a general appearance.

THE COURT: The [c]ourt notes your objection and overrules your objection. You’re before the [c]ourt. Now, did you file a pretrial memo or parenting plan as ordered by the [c]ourt?

[APPELLANT]: Do I have a right to remain silent?

THE COURT: This isn’t a criminal proceeding. The [c]ourt’s looking for an answer to a simple question. You were provided an order to appear today. You have appeared today. As part of that same order that you acted on by appearing before this [c]ourt, you were ordered to file a pretrial memo and a parenting plan. We gave you a blank parenting plan and pretrial memo forms for you to complete. Have you completed them and filed them with the [c]ourt as required by that order?

You’re refusing to answer?

[APPELLANT]: Well, do I have the right to remain to silent?

THE COURT: [T]his isn’t a criminal proceeding. You can remain silent, but you have to understand, the [c]ourt will weigh that in determining what’s before the [c]ourt, which is the best interest of [C]hildren and who’s going to have custody of them. So if you

-4- J-S14031-26

don’t answer a question, the [c]ourt can’t force you to answer a question….

Id. at 3-7.

Appellant continued to respond to the trial court’s questions with silence.

See id. at 9 (trial court “not[ing Appellant is] choosing not to answer.”); id.

at 16-17 (same); id. at 28 (same). The court advised that “based on

[Appellant’s] failure to address in documents to the [c]ourt what his criminal

history is” and what the court had “heard so far,” it would “maintain

supervised visitation.” Id. at 9. The court added that it would schedule the

matter for trial, and modified its prior order by granting Mother sole legal

custody. Id. at 25.

Trial was originally scheduled for December 2, 2025. See Order,

8/27/25. For reasons not of record, the trial court rescheduled trial for

December 1, 2025. See Order, 11/13/25. The record shows that the York

County Prothonotary mailed notice of the scheduling change to both parties.

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