Legal Opinion

In the Interest of A.E.

Superior Court of Pennsylvania

Decided December 21, 1998PublishedCited by 6 opinions

1Opinion of the Court

JOHNSON, J.,/We are asked to consider the propriety of an order transferring custody from mother to father following an informal shelter care hearing under Section 6332 of the Juvenile Act, 42 Pa.C.S. §§ 6301-6365. We have previously held that dependency proceedings are not to be used as a means of transferring custody of a child from one parent to another. Here, the trial court made no dependency determination at the 72-hour hearing, nor did it expressly find that the mother had failed to provide proper parental care and control. Accordingly, we reverse the order that purported to transfer…

2Cases cited6 opinions

  1. Rinker AppealSuperior Court of Pennsylvania · 1955
  2. In Interest of Theresa E.Superior Court of Pennsylvania · 1981
  3. Helsel v. Blair County Children & Youth ServicesSupreme Court of Pennsylvania · 1986
  4. Matter of Mark T.Superior Court of Pennsylvania · 1982
  5. In the Interest of J.M.Superior Court of Pennsylvania · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sides v. John Cordes, Inc.Supreme Court of Oklahoma · 1999
  2. In the Interest of L.C.Superior Court of Pennsylvania · 2006
  3. In the Interest of B.S.Superior Court of Pennsylvania · 2007
  4. B.S. Ex Rel. T.S. v. Somerset CountyCourt of Appeals for the Third Circuit · 2013
  5. B.S. Ex Rel. T.S. v. Somerset CountyCourt of Appeals for the Third Circuit · 2013

1 more not listed; retrieve them via the Exa API.

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