Shepp v. Shepp
Pennsylvania Supreme Court
588 Pa. 691, 906 A.2d 1165 (2006)
Stanley Shepp and Tracey Roberts married in June 1992. Their daughter, Kaylynne Shepp, was born in February 1993. Shepp and Roberts divorced in February 2001, and shortly thereafter, the Mormon Church excommunicated Shepp for his belief in polygamy. Kaylynne lived with Roberts following the parents’ separation. Shepp filed a petition seeking joint legal and physical custody, and the trial court issued an interim order providing that the parties would share legal custody, with Roberts retaining primary physical custody. The trial court concluded contact between Shepp and Kaylynne could only be limited if Shepp was shown to suffer from severe mental or moral deficiencies that constitute a grave threat to the child. Shepp filed an appeal. The superior court affirmed the trial court but held that the best interest of the child would be served by restricting Shepp from discussing polygamy with Kaylynne until she was 18.
Rule of Law
Holding and Reasoning (Newman, J.)
Concurrence (Eakin, J.)
Dissent (Baer, J.)
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