In January 2011, the Pennsylvania legislature passed a new statute regarding child custody. Since its passage, Pennsylvania courts have attempted to navigate its new provisions when applying it to the various custody cases that have come before them. One such case is the recent Superior Court matter of J.R.M. v. J.E.A. , 2011 Pa.Super. 263, 33 A.3d 647 (2011), which was litigated pursuant to the new Pennsylvania custody statute.

The matter of J.R.M. v. J.E.A. went to trial regarding petitions for custody by both the father, J.R.M., and the mother, J.E.A., with regard to their child. The trial court entered an order awarding the mother primary physical custody and the father partial physical custody according to a very complicated arrangement that relegated J.R.M. to what is known colloquially as “visitation” to account for the child’s need to nurse and a very restrictive custody arrangement upon the child’s weaning.