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Boyer v. Schake

Denial of custodial mother's request for relocation from Pennsylvania to Virginia reversed; trial court erred by ignoring economic benefit of relocation because of a perceived lack of non-economic benefits and by concluding that a monthly 16-hour round trip custody transfer was unacceptable.

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� 1 Lynn Schake (“Mother”) appeals the denial of her Motion for Special Relief requesting allowance for immediate relocation to Virginia Beach, Virginia with her minor child (“Child”) from Pittsburgh, where Child’s father, Timothy Bower (“Father”), lives. Mother contends that the trial court erred when it concluded that she failed to meet two of the three prongs of the test announced in Gruber v. Gruber, 583 A.2d 434 (Pa. Super. 1990) concerning relocation of the custodial parent. Mother is the custodial parent and argues that she proved that the move would substantially improve her life and that of Child. She contends that realistic substitute visitation arrangements were available for Father. We agree that the trial court erred in its application of the Gruber test and therefore, reverse the order and remand to the trial court for further action in compliance with this Memorandum.

� 2 Although Mother and Father never married, they resided together from 1992 through 1998, and Child was born in June 1995. In February 1998, Mother and Father ended their relationship. Pursuant to a December 1998 consent order, the parties shared legal custody of Child while Mother had primary physical custody. Father had partial custody for several hours on Tuesdays and Thursdays and every other weekend. The parties split holiday custody. Father regularly paid child support until the summer of 2000 when he fell in arrears after suffering a disability and later being placed on lay-off status.

� 3 After the separation, Mother became involved with and later engaged to Jeff Suriano. Father is currently engaged as well. In March 2000, Suriano received a promotion requiring his relocation to Virginia Beach. Suriano had been manager of a Pittsburgh Rite Aid Store and received a promotion to district manager in Virginia Beach. He had previously declined a position requiring his relocation to the West Coast. After learning from Mother her desire to relocate with Child, Father filed a Petition to Prevent Relocation. In June 2000, at the trial court’s direction, Mother filed a Petition for Relocation. Mother requested relocation in order to be reunited with Suriano. Mother asserted that Suriano was supporting her in Pittsburgh as well as maintaining a home in an upper-middle class neighborhood of Virginia Beach. She further contended that this support might not continue indefinitely and suggested that the marriage might be in question if the court denied relocation.

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