Opinion
J. S52030/16 No. 53 EDA 2016
11-18-2016
S.E.D. v. G.D.M., Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered December 7, 2015 in the Court of Common Pleas of Philadelphia County
Domestic Relations Division at No. #0C0513395 BEFORE: FORD ELLIOTT, P.J.E., STABILE AND STRASSBURGER, JJ. DISSENTING MEMORANDUM STATEMENT BY FORD ELLIOTT, P.J.E.:
Retired Senior Judge assigned to the Superior Court.
I respectfully dissent. I would remand to the trial court to make a final custody determination utilizing the 23 Pa.C.S.A. § 5328 factors. Clearly, Mother did not voluntarily agree to any custody arrangement; rather, she believed this was the best deal she could get from Father. However, it was not up to Father to make this determination. It was for the trial court when Mother obviously expressed her inability to deal with Father. To date, there has never been a final determination as to why a physical and legal change of custody was made in this case. This is the basis of Mother's appeal.