McMillen v. McMillen
Supreme Court of Pennsylvania
602 A.2d 845 (1992)
When Vaughn McMillen (plaintiff) and Carolyn Shemo (defendant), formerly McMillen, divorced in 1981, Shemo was awarded primary custody of the couple’s son, Emmett. McMillen was granted visitation rights. Over the next several years, McMillen succeeded in gaining additional visitation rights. Beginning in 1986, Emmett expressed a desire to live with his father rather than his mother. Emmett had a worse relationship with his mother and stepfather than with his father and stepmother who took a more active role in the boy’s life. He claimed that the stepfather harassed and frightened him. In 1988, the trial court awarded general custody of the boy to McMillen. The court found both parents’ homes to be equal and therefore awarded custody to McMillen on the basis of Emmett’s custodial preference. Upon Shemo’s appeal, the Superior Court vacated the order of the trial court and reinstated Shemo as the primary custodian. The Superior Court reasoned that the evidence did not justify a change of custody and that Emmett’s preference was not an indication of his best interests. McMillen appealed.
Rule of Law
Holding and Reasoning (Larsen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.