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Johns v. Cioci

Superior Court of Pennsylvania
865 A.2d 931 (Pa. Super. Ct. 2004)


Facts

The Frank Cioci (father) (plaintiff) and the Catherine Johns (mother) (defendant) were married. The couple had one child. When the child was two years old, the father and mother divorced. The divorce decree granted joint custody, but gave the mother primary physical custody of the child. Approximately 10 years later, the father filed a petition to modify the custody arrangement. The homes of both the father and mother were suitable for the upbringing of a child. At the hearing, the child testified that although there were differences between the father’s household and the mother’s household, the child liked both. However, the child testified that she liked the mother’s house more, because she liked the school she attended and had always lived there. The trial court found the father’s house more suitable for the child, because the father had remarried. The trial court found that the father’s house was more stable and family oriented and ordered that primary physical custody of the child be transferred to the father. The mother appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Beck, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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