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Case Conclusion Date: 01.21.2010

Practice Area: Child custody

Outcome: Award of shared phsyical custody to mother

Description: In a decision that overturns 25 years of case law, the Pennsylvania Superior Court has abolished the long-standing presumption that child custody should be awarded to a heterosexual parent rather than to a parent involved in a homosexual relationship. Before the ruling, Pennsylvania courts had, since 1985, required a homosexual parent seeking child custody to prove "that exposure to the homosexual relationship has no adverse effect on a child if exposed to that relationship," a standard established by the Pennsylvania Superior Court in the case of Constant A. v. Paul C.A.

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