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73 Pennsylvania opinions name it 7 courts 1976–2026 19 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Marvin v. Pennsylvania Board of Probation & Parolegreen2 sentences2026“The best interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” Id. (citation omitted). -7- J-A07016-26 Here, the trial court stated that it did “not see a review of the custody factors as being relevant to this appeal” because Father is currently incarcerated and, thus, “cannot exercise custody rights.” Trial Ct. Op., 12/12/25, at 3 (quoting Order and Op., 10/7/25, at 6-7). 2025“The best interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral[,] and spiritual well-being.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (citation omitted). | 23 | 30 |
Arnold v. Arnoldgreen2 sentences2016“The best interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (quoting Arnold v. Arnold, 847 A.2d 674, 677 (Pa. Super. 2004)). 2016“The best interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child's physical, intellectual, moral and spiritual well-being.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa.Super. 2006), citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa.Super. 2004). | 5 | 5 |
Rasmussen by Mitchell v. Fleminggreen2 sentences2009See Rasmussen v. Fleming, 154 Ariz. 207 , 741 P.2d 674, 689 (“Under the best interests standard, the surrogate decisionmaker assesses what medical treatment would be in the patient’s best interests as determined by such objective criteria as relief from suffering, preservation or restoration of functioning, and' quality and extent of sustained life.”). 2009See Rasmussen v. Fleming, 154 Ariz. 207 , 741 P.2d 674, 689 (“Under the best interests standard, the surrogate decisionmaker assesses what medical treatment would be in the patient’s best interests as determined by such objective criteria as relief from suffering, preservation or restoration of functioning, and' quality and extent of sustained life.”). | 3 | 3 |
In Re Adoption of Steven S.green2 sentences2023See, e.g., In re Adoption of Steven S., 612 A.2d 465, 472 (Pa. Super. 1992), appeal denied, 625 A.2d 1194 (Pa. 1993) (“In a termination case, the trial court must not apply a best interests analysis in the sense of balancing the foster home and the natural parents’ home.”). 2023See, e.g., In re Adoption of Steven S., 612 A.2d 465, 472 (Pa. Super. 1992), appeal denied, 625 A.2d 1194 (Pa. 1993) (“In a termination case, the trial court must not apply a best interests analysis in the sense of balancing the foster home and the natural parents’ home.”). | 2 | 2 |
J.R.M. v. J.E.A.green2 sentences2023Section 5328(a) enumerates the custody factors a trial court must consider when assessing a child’s best interests, and the trial court must consider “[a]ll of the factors listed in section 5328(a) . . ..” J.R.M., 33 A.3d at 652 (emphasis in original). 2014“All of the factors listed in section 5328(a) [(the best interests factors)] are required to be considered by the trial court when entering a custody order.” J.R.M. v. J.E.A., 33 A.3d 647, 652 (Pa. Super. 2011) (emphasis in original). | 2 | 2 |
In Re: D.L.B., minor child, Appeal of: T.L.S.green2 sentences2019In re D.L.B., 166 A.3d 322, 326 (Pa. Super. 2017) (internal citations omitted). 2019In re D.L.B., 166 A.3d 322, 326 (Pa. Super. 2017) (internal citations omitted). | 2 | 2 |
E.D. v. M.P.green2 sentences2015See 23 Pa.C.S.A. § 5328(a); see also E.D. v. M.P., 33 A.3d 73, 80-81, n.2 (Pa. Super. 2011). 2014See E.D. v. M.P., 33 A.3d 73, 80-81, n.2 (Pa. Super. 2011). | 2 | 2 |
In Re Marriage of Schiffmangreen2 sentences1987See e.g., In re Marriage of Schiffman, 28 Cal.3d 640, 647 , 620 P.2d 579, 583 , 169 Cal.Rptr. 918, 922 (1980) ("[T]he rule giving the father, as against the mother, a primary right to have his child bear his surname should be abolished. 1987See e.g., In re Marriage of Schiffman, 28 Cal.3d 640, 647 , 620 P.2d 579, 583 , 169 Cal.Rptr. 918, 922 (1980) ("[T]he rule giving the father, as against the mother, a primary right to have his child bear his surname should be abolished. | 2 | 2 |
K.E.M. v. P.C.S.green1 sentence2025See id. at 809 (in discussing best interests, noting the relevance of the child’s closeness with the challenged parent and whether harm would befall the child if parental status were to be undone). | 1 | 1 |
S.T. v. R.W.green1 sentence2023For instance, in S.T. v. R.W., 192 A.3d 1155, 1168 (Pa. Super. 2018), we concluded that Section 5328(a)(16) mandates the consideration of the “Etter factors,” which are criteria to determine whether an incarcerated parent should be awarded supervised physical custody. | 1 | 1 |
Lawrence v. Bordnergreen1 sentence2022To the extent that Father and Stepmother allege the court was inherently biased, ____________________________________________ 7 We note Father and Stepmother rely on Lawrence v. Bordner, 907 A.2d 1109, 1114 (Pa. Super. 2006) and Shandra v. Williams, 819 A.2d 87 (Pa. Super. 2003). | 1 | 1 |
M.J.N. v. J.K.green1 sentence2021"The best interests standard decided on a case -by -case basis, considers all factors which legitimately have an effect upon the child's physical, intellectual, moral, and spiritual well-being." M.J.N. v. J.K., 169 A.3d 108, 112 (Pa. Super. 2017). | 1 | 1 |
In the Interest of: K.D., a Minorgreen1 sentence2018In re K.D., 144 A.3d 145, 151 (Pa. Super. 2016). | 1 | 1 |
In Re Adoption of T.B.B.green1 sentence2017We must accept the trial court’s findings that are supported by competent evidence of record, and we defer to the trial court on issues of credibility and weight of the evidence. “[I]f competent evidence supports the court’s findings, we will affirm even if the record could also support the opposite result.” In re Adoption of T.B.B., 835 A.2d 387, 394 (Pa. Super. 2003) (citation omitted). | 1 | 1 |
In re McKinneygreen2 sentences2014McKinney, 67 A.3d at 832-33 (citations omitted). 2014McKinney, 67 A.3d at 832-33 (citations omitted). | 1 | 1 |
Rapela v. Greengreen2 sentences2013Rapela, 289 P.3d at 435 (“[A] district court may permissibly compare the characteristics of an existing trustee with potential successor trustees when applying the best interests test.”); Davis, 243 S.W.3d at 430 (comparing location, tax consequences, personal understanding of trusts involved, and cost of administrative fees of current trustee and proposed successor trustee); Fleet Nat. 2013Rapela, 289 P.3d at 435 (“[A] district court may permissibly compare the characteristics of an existing trustee with potential successor trustees when applying the best interests test.”); Davis, 243 S.W.3d at 430 (comparing location, tax consequences, personal understanding of trusts involved, and cost of administrative fees of current trustee and proposed successor trustee); Fleet Nat. | 1 | 1 |
Fleet National Bank's Appeal from Probategreen1 sentence2013Bank, 837 A.2d at 797 (“[T]he focus of subdivision (4) is upon whether there is another entity that, for some reason, may perform better or provide different and more desirable benefits as administrator, or is otherwise better suited to serve as fiduciary for a particular trust.”). | 1 | 1 |
Davis v. U.S. Bank National Ass'ngreen2 sentences2013Rapela, 289 P.3d at 435 (“[A] district court may permissibly compare the characteristics of an existing trustee with potential successor trustees when applying the best interests test.”); Davis, 243 S.W.3d at 430 (comparing location, tax consequences, personal understanding of trusts involved, and cost of administrative fees of current trustee and proposed successor trustee); Fleet Nat. 2013Rapela, 289 P.3d at 435 (“[A] district court may permissibly compare the characteristics of an existing trustee with potential successor trustees when applying the best interests test.”); Davis, 243 S.W.3d at 430 (comparing location, tax consequences, personal understanding of trusts involved, and cost of administrative fees of current trustee and proposed successor trustee); Fleet Nat. | 1 | 1 |
Dolan v. Dolangreen2 sentences2008See also Ketterer v. Seifert, 902 A.2d 533, 539 (Pa.Super.2006) (“custody disputes are delicate issues that must be handled on a case by case basis.”) ¶20 In Dolan v. Dolan, 378 Pa.Super. 321 , 548 A.2d 632 (1988), the best interests standard was applied on facts similar to those of the instant case. 2008See also Ketterer v. Seifert, 902 A.2d 533, 539 (Pa.Super.2006) (“custody disputes are delicate issues that must be handled on a case by case basis.”) ¶20 In Dolan v. Dolan, 378 Pa.Super. 321 , 548 A.2d 632 (1988), the best interests standard was applied on facts similar to those of the instant case. | 1 | 1 |
Ketterer v. Seifertgreen1 sentence2008See also Ketterer v. Seifert, 902 A.2d 533, 539 (Pa.Super.2006) (“custody disputes are delicate issues that must be handled on a case by case basis.”) ¶20 In Dolan v. Dolan, 378 Pa.Super. 321 , 548 A.2d 632 (1988), the best interests standard was applied on facts similar to those of the instant case. | 1 | 1 |
| Charles v. Stehlikgreen | 1 | 1 |
| Tripathi v. Tripathigreen | 1 | 1 |
| Gancas v. Schultzgreen | 1 | 1 |
| Warren v. Rickabaughgreen | 1 | 1 |
| Lambert v. Lambertgreen | 1 | 1 |
| In Re Estate of Longewaygreen | 1 | 1 |
| In the Interest of Coastgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Clapper v. Harvey
green
2 sentences2014Nevertheless, this Court held that the “Gruber factors should be considered in appropriate cases, as part of the overall best interests analysis, when a parent wishes to relocate a child to another jurisdiction.” Id. 2014Nevertheless, this Court held that the “Gruber factors should be - 18 - J-A23015-14 considered in appropriate cases, as part of the overall best interests analysis, when a parent wishes to relocate a child to another jurisdiction.” Id. | 3 | 2014–2019 |
Staub v. Staub
green
1 sentence2025Instead, “the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding - 21 - J-S07031-25 public schooling versus home schooling.” Id. at 849 . | 1 | 2025–2025 |
In Re IJ
green
1 sentence2024I.J., 972 A.2d at 12-13 . - 13 - J-S33016-24 The problem with Mother’s argument is that it fails to appreciate the procedural disposition of I.J. and the standard of review we must apply to termination cases. | 1 | 2024–2024 |
Shandra v. Williams
green
1 sentence2022To the extent that Father and Stepmother allege the court was inherently biased, ____________________________________________ 7 We note Father and Stepmother rely on Lawrence v. Bordner, 907 A.2d 1109, 1114 (Pa. Super. 2006) and Shandra v. Williams, 819 A.2d 87 (Pa. Super. 2003). | 1 | 2022–2022 |
In Re: Adoption of C.D.R., Appeal of: R.R.
green
1 sentence2022C.D.R., supra. Here, the trial court recognized that Children have been greatly affected by their three periods of placement and have continued to express worry and anxiety regarding whether they will return to their parents. | 1 | 2022–2022 |
In Re ZP
green
1 sentence2019In sum, the record contains clear and convincing evidence that Mother has been, and continues to be, incapable of adequately parenting B.J.Z., C.J.Z., and N.M.Z. "[T]he court cannot and will not subordinate indefinitely a child's need for permanence and stability to a parent's claims of progress and hope for the future." Id. | 1 | 2019–2019 |
State v. Vicente
green
1 sentence2018Torres-Kuilan relies on our Supreme Court’s decision in Commonwealth v. Washington, 772 A.2d 643 (Pa. 1998), which created a per se rule that competency hearings should be held outside the presence of the jury. | 1 | 2018–2018 |
M.O. v. J.T.R.
green
1 sentence2016On appeal, Mother presents the following issues for this Court’s consideration: 1) Whether the trial court erred by modifying the transportation provision (identified as “Exchanges of Custody” in the December 31, 2015 Order of Court) of Father’s periods of partial physical custody such that the minor children will now be required to travel seven to eight hours every other weekend during the school year, which is neither in the minor children’s best interest nor supported by the record? 2) Whether the trial court erred in relying on inapposite case law, specifically, M.O. v. J.T.R., 85 A.3d 105 | 1 | 2016–2016 |
Troxel v. Granville
green
2 sentences2006Id. at 101 , 120 S.Ct. 2054 (Kennedy, J., dissenting). 2006Id. at 101 , 120 S.Ct. 2054 (Kennedy, J., dissenting). | 1 | 2006–2006 |
| Davis v. Glanton green | 1 | 2005–2005 |
Commonwealth v. Bowden
green
1 sentence2005Commonwealth v. Bowden, supra, 838 A.2d at 745 . | 1 | 2005–2005 |
| Thomas v. Thomas green | 1 | 2004–2004 |
| Matter of MR green | 1 | 2000–2000 |
| In Re Fiori green | 1 | 2000–2000 |
| McMillen v. McMillen green | 1 | 1998–1998 |
| Andrews v. Andrews green | 1 | 1998–1998 |
| Keiner v. Community Convalescent Center green | 1 | 1995–1995 |
| Morris v. Morris green | 1 | 1990–1990 |
| In Re Bennage green | 1 | 1988–1988 |
| Nationwide Mutual Insurance v. Walter green | 1 | 1985–1985 |
| Commonwealth Ex Rel. Williams v. Miller green | 1 | 1983–1983 |
| Stapleton v. Dauphin County Child Care Service green | 1 | 1976–1976 |
| In the Interest of LaRue green | 1 | 1976–1976 |
| Gunter v. Gunter green | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.