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Billhime v. Billhime

952 A.2d 1174 (2008)

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Billhime v. Billhime

Pennsylvania Superior Court

952 A.2d 1174 (2008)

Facts

Lisa Billhime Nistri (plaintiff) and Darin Billhime (defendant) had twin boys. The family lived in Florida for approximately five years before relocating to Pennsylvania, where Darin was the fifth-generation owner of a Pennsylvania farm. The parents then separated, and Pennsylvania entered a custody order granting Lisa primary physical custody. A year later, Lisa and the boys relocated back to Florida with the court’s permission. The boys visited with Darin in Pennsylvania approximately three times per year and spent time there with their father, grandfather, and friends. The boys had friends and family in Florida; their medical providers were all in Florida; they attended school, extracurriculars, and church in Florida; and they were members of the Florida Cub Scouts. Following visitation issues, Darin filed suit in Pennsylvania seeking primary physical custody. In response, Lisa requested the Pennsylvania court relinquish jurisdiction to Florida. The trial court denied Lisa’s request, ruling Pennsylvania retained exclusive continuing jurisdiction over the custody matter pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because the boys and Darin retained significant connections with Pennsylvania. Lisa appealed.

Rule of Law

Issue

Holding and Reasoning (Donohue, J.)

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