HomeMy WebLinkAbout2008-2152 Civil
SHARON BRYAN, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JOE’L BRYAN AND :
KEITH D. JOHNSON, :
DEFENDANTS : 08-2152 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS/CUSTODY
OPINION AND ORDER OF COURT
Bayley, J., August 5, 2008:--
After a hearing on July 30, 2008, we find the following facts. Joe’l N. Bryan, age
30, and Keith D. Johnson, age 41, are the parents of Jarrod Scott Johnson, age 7, born
March 21, 2001. Joe’l is the daughter of Scott Bryan. Scott Bryan married Sharon
Bryan on December 26, 1987. Joe’l lived with them until August 23, 1996, when her
father died. Joe’l, who was then 17, continued to live with Sharon Bryan for
approximately one year before she obtained her majority. Thereafter, she continued to
live with Sharon until she was twenty-one years old. In December, 2004, Joe’l
separated from Keith Johnson and, with Jarrod, moved into the home of Sharon Bryan.
On August 29, 2005, an order was entered granting Keith Johnson shared legal
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custody of Jarrod and periods of partial physical custody. The father consistently had
Jarrod every other weekend from Friday evening to Sunday evening. The mother and
Jarrod continued to live with Sharon until the latter part of December, 2007, when the
mother left with Jarrod to live with Keith Johnson with whom they continue to reside.
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Joe’l Nicole Bryan v. Keith David Johnson, 01-6923 Civil Term.
08-2152 CIVIL TERM
On April 3, 2008, Sharon Bryan filed a complaint seeking primary physical
custody of Jarrod. She has since amended her claim to seek only partial custody. The
parents filed preliminary objections challenging the standing of Sharon Bryan. Citing
Hill v. Divecchio,
425 Pa. Super. 355 (1993), the parents maintain that Sharon Bryan
is a step-grandmother of Jarrod who does not have a cause of action for partial
Peters v. Costello,
custody. Sharon Bryan, citing 891 A.2d 705 (Pa. 2005), maintains
that she stood in loco parentisto Joe’l; therefore, pursuant to 23 Pa.C.S. Section 5313,
she has standing to seek partial custody of Jarrod who resided with her for three years.
Section 5313 provides:
When grandparents may petition
(a) Partial custody and visitation.—If an unmarried child has
resided with his grandparents or great-grandparents for a period of
12 months or more and is subsequently removed from the home by
his parents,the grandparents or great-grandparents may petition the
court for an order granting them reasonable partial custody or
visitation rights, or both, to the child.
The court shall grant the petition
if it finds that visitation rights would be in the best interest of the child and
would not interfere with the parent-child relationship.
(Emphasis added.)
Peters,
In the Supreme Court of Pennsylvania stated that in loco parentis
literally means “in the place of a parent.” Stating that the rights and liabilities arising
out of an in loco parentis relationship are identical to those between a parent and a
child, the Court concluded that “non-biological grandparents” who stand in loco parentis
to one of the parents of a child with respect to whom they seek grandparental visitation
rights, and who otherwise qualify to seek partial custody/visitation, have standing to
seek
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08-2152 CIVIL TERM
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08-2152 CIVIL TERM
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partial custody/visitation under the Grandparent Visitation Act. In the present case,
Sharon Bryan, following the death of her husband, stood in loco parentis to Joe’l Bryan
for approximately one year during Joe’l’s remaining minority. Jarrod and Joe’l lived
with Sharon Bryan for three years between December, 2004, and December, 2007.
Peters
is authority for the standing of Sharon Bryan to seek partial custody of Jarrod.
ORDER OF COURT
AND NOW, this day of August, 2008, the preliminary objection of
IS DISMISSED.
defendants to plaintiff’s claim for partial custody of Jarrod Scott Johnson,
By the Court,
Edgar B. Bayley, J.
Marylou Matas, Esquire
For Plaintiff
Susan K. Pickford, Esquire
For Defendants
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2
Those orther qualifications fall under either 23 Pa.C.S. Section 5311, Section 5312 or
Moody v. Sheaffer,
Section 5313(a). See 55 Cumberland L.J. 57 (2006).
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SHARON BRYAN, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JOE’L BRYAN AND :
KEITH D. JOHNSON, :
DEFENDANTS : 08-2152 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS/CUSTODY
ORDER OF COURT
AND NOW, this day of August, 2008, the preliminary objection of
IS DISMISSED.
defendants to plaintiff’s claim for partial custody of Jarrod Scott Johnson,
By the Court,
Edgar B. Bayley, J.
Marylou Matas, Esquire
For Plaintiff
Susan K. Pickford, Esquire
For Defendants
:sal