Hurley v. Hurley

OLSZEWSKI, J.:

¶ 1 Lori Hurley appeals from the custodial order entered on April 23, 1999, wherein the trial court awarded legal custody of M.H. to Larry Hurley and divided physical custody of M.H. equally between Larry and Lori Hurley. The decisive issue in this case is the burden of proof to be applied by a trial court when defining an initial custodial order after one parent chooses to relocate. We vacate and remand.

¶ 2 This custody dispute arises from Lori Hurley’s desire to relocate to Vestal, New York, a forty-minute commute from Larry Hurley’s residence in Athens, Pennsylvania. Prior to…