Kurdilla v. Durning 2011 WL 1631994 (Pa.Super.), 2011 PA Super 90
May 02, 2011OUTCOME: Appellate Victory for Client
Our office represented Mother in a unique Child Custody "Relocation Case". Mother successfully appealed an order of the trial court. The Pennsylvania Superior Court granted Mother’s appeal and ov ... erturned the trial court. Kurdilla v. Durning, 2011 WL 1631994 (Pa.Super.), 2011 PA Super 90 In the case, the Child was born in Carbon County and lived with Mother from the time of his birth until January 2010. By previous agreement between the parties. Mother had primary physical custody and the right to relocate with Child to Alaska, where her husband was stationed as a member of the United States Army. Father had partial physical custody during the summer months, as well as partial custody rights should Father travel to Alaska or Mother travel with Child to Pennsylvania. In January 2010, Mother developed renal failure was unable to care for Child. Mother requested that Father come to Alaska to get Child, but Father was financially unable to do so. Mother's mother (Maternal Grandmother) travelled to Alaska, obtained from Mother a medical power of attorney over Child, and brought Child to her home in Carbon County, Pennsylvania, where Child resided from the end of January to March 12, 2010. Maternal Grandmother allowed Father's parents overnight partial custody with Child. Ultimately, Father refused to return Child to Maternal Grandmother at the end of the weekend; however, Father decided to keep Child with him. On March 18, 2010, Father filed a petition to modify the prevailing custody order, seeking to obtain primary physical custody of Child. Upon regaining her health, Mother travelled to Pennsylvania at the end of March or beginning of April to resume custody of Child, which Father refused. The trial court denied Mother’s request for primary custody and instead, ordered the parties to share custody on a week-to-week basis. The appellate court reversed the trial court and awarded Mother primary physical custody.
