Legal Opinion · Dissent

Zalenko v. White

Superior Court of Pennsylvania

Decided August 25, 1997Published

1DissentCavanaugh, Judge

After careful review of the matter before us, I must respectfully disagree with the majority’s conclusion that the trial court erred in denying the petition for relocation of the mother, Paula Zalenko.

In every relocation dispute the initial and overriding consideration is the best interests of the child. Gruber v. Gruber, 400 Pa.Super. 174, 181, 583 A.2d 434, 437 (1990). A court must examine the custodial parent’s interest in exercising autonomy over his or her life and that of the child; the child’s interest in developing and maintaining a relationship with the non-custodial parent; and the…

2Cases cited4 opinions

  1. Gruber v. GruberSupreme Court of Pennsylvania · 1990
  2. Commonwealth ex rel. Rubin v. RubinSuperior Court of Pennsylvania · 1974
  3. Ashford v. AshfordSupreme Court of Pennsylvania · 1990
  4. Pavie v. PavieSuperior Court of Pennsylvania · 1992

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