Wiseman factors in Pennsylvania

9 Pennsylvania opinions name it 1 courts 2010–2023 3 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.

Followed or applied (4)

Case	Followed	Cited
M.J.M. v. M.L.G.green pasuperct · 2013 · cited in 3 Pennsylvania opinions naming this issue, 2018–2023 2 sentences 2023Simply put, “the enactment of Section 5328(a) rendered the Wiseman analysis obsolete.” Id.; see also M.J.M. v. M.L.G., 63 A.3d 331 , 339 (Pa. Super. 2013) (holding primary caregiver doctrine, “insofar as it required positive emphasis on the -9- J-A09005-23 primary caretaker’s status,” was no longer viable after the enactment of Section 5328). 2023Simply put, “the enactment of Section 5328(a) rendered the Wiseman analysis obsolete.” Id.; see also M.J.M. v. M.L.G., 63 A.3d 331 , 339 (Pa. Super. 2013) (holding primary caregiver doctrine, “insofar as it required positive emphasis on the -9- J-A09005-23 primary caretaker’s status,” was no longer viable after the enactment of Section 5328).	3	3
Wiseman v. Wallgreen pasuperct · 1998 · cited in 6 Pennsylvania opinions naming this issue, 2010–2022 2 sentences 2018We conclude that the trial court did not abuse its discretion in awarding primary physical custody to M.M. ("Mother"), and did not err in not considering the factors set forth in Wiseman v. Wall , 718 A.2d 844 (Pa.Super. 1998), because the Wiseman factors have been superseded by statute. 2018We conclude that the trial court did not abuse its discretion in awarding primary physical custody to M.M. ("Mother"), and did not err in not considering the factors set forth in Wiseman v. Wall , 718 A.2d 844 (Pa.Super. 1998), because the Wiseman factors have been superseded by statute.	2	6
R.S. v. T.T.green pasuperct · 2015 · cited in 3 Pennsylvania opinions naming this issue, 2017–2018 2 sentences 2018Our reference to the Wiseman analysis in R.S. v. T.T. , 113 A.3d 1254 , 1260 (Pa.Super. 2015), is not to the contrary. 2018Our reference to the Wiseman analysis in R.S. v. T.T. , 113 A.3d 1254 , 1260 (Pa.Super. 2015), is not to the contrary.	2	3
Gerber v. Gerbergreen pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 1 sentence 2022P.J.P., 185 A.3d - 13 - J-S27017-22 at 420 (noting that the four Wiseman factors “are assimilated into Section 5328(a)”).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Hill v. Hill green pasuperct · 1993 2 sentences 2018Id. at 1260 (citing Hill , 619 A.2d at 1086 ; Andrews , 601 A.2d at 352 ). 2018Id. at 1260 (citing Hill , 619 A.2d at 1086 ; Andrews , 601 A.2d at 352 ).	2	2018–2018
Andrews v. Andrews green pasuperct · 1991 2 sentences 2018Id. at 1260 (citing Hill , 619 A.2d at 1086 ; Andrews , 601 A.2d at 352 ). 2018Id. at 1260 (citing Hill , 619 A.2d at 1086 ; Andrews , 601 A.2d at 352 ).	2	2018–2018

Statutes the citing opinions construe

PA § 23 Pa. Cons. Stat. § 5328 (3)

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.

Where else courts name it

PA 9 (2010–2023) MN 2 (2012–2014)

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.

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