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HURLEY v. HURLEY

754 A.2d 1283 (2000)

Larry J. HURLEY, Appellee, v. Lori L. HURLEY, Appellant.

Superior Court of Pennsylvania.

Filed June 26, 2000.

Attorney(s) appearing for the Case

William S. Friedlander, Waverly, NY, for appellant.

Gerald A. Kinchy, Sayre, for appellee.

Before CAVANAUGH, STEVENS and OLSZEWSKI, JJ.

OLSZEWSKI, J.:

¶ 1 Lori Hurley appeals from the custodial order entered on April 23, 1999, wherein the trial court awarded legal custody of M.H. to Larry Hurley and divided physical custody of M.H. equally between Larry and Lori Hurley. The decisive issue in this case is the burden of proof to be applied by a trial court when defining an initial custodial order after one parent chooses to relocate. We vacate and remand.

¶ 2 This custody dispute arises...

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