X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Florida Legal Awards 2022

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Florida Legal Awards 2022 (FLLA)

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

WIPL.UK 2022

May 18, 2022 - May 19, 2022
London

The original national forum facilitating women-to-women exchange on leadership and current legal issues in the UK.


Learn More

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

Trial Attorney - New York


Auto defense firm seeks experienced TRIAL ATTORNEY to do trials,motions, court appearances and depositions. Email resume: [email protected]


Apply Now ›

Medical Malpractice In-House Counsel


An innovative surgery center headquartered in the Tampa Bay area is seeking a Counsel to handle Medical Malpractice as well as general corpo...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

05/11/2022
TLI Web

VAN DER VEEN HARTSHORN & LEVIN Congratulates the Attorney of the Year Finalists named by The Legal Intelligencer


View Announcement ›