Legal Opinion · Concurring in part, dissenting in part

C.B. v. J.B.

Superior Court of Pennsylvania

Decided April 22, 2013Published

1Concurring in part, dissenting in part

CONCURRING AND DISSENTING OPINION BY

BOWES, J.:

I join the learned majority’s analysis addressing the merits of Aunt’s claims, and I concur with its decision to affirm the custody order in favor of Uncle. However, for the reasons discussed herein, I respectfully dissent from the portion of the majority opinion that fashions a non-existent statutory mandate for a trial court to set forth its consideration of the sixteen best-interest factors concomitant with the custody decision. To the extent that a timing requirement exists relating to 23 Pa.C.S. § 5328(a), it is already embedded in our…

2Cases cited11 opinions

  1. Commonwealth v. PittsSupreme Court of Pennsylvania · 2009
  2. Commonwealth v. ListonSupreme Court of Pennsylvania · 2009
  3. M.J.M. v. M.L.G.Superior Court of Pennsylvania · 2013
  4. J.R.M. v. J.E.A.Superior Court of Pennsylvania · 2011
  5. Commonwealth v. McMullenSupreme Court of Pennsylvania · 2008

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