polestar analysis in Pennsylvania

2024See Saintz, 902 A.2d at 512 (explaining that this Court’s “paramount concern and the polestar of our analysis” in custody cases is the best interests of the child) (citation omitted).

2023See Saintz, 902 A.2d at 512 (explaining that this Court’s “paramount concern and the polestar of our analysis” in custody cases is the best interests of the child) (citation omitted).

2024“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.” D.K.D. v. A.L.C., 141 A.3d 566, 572 (Pa. Super. 2016) (citations omitted).

2023“The best-interests standard, decided on a case-by-case basis, considers all factors which -5- J-A21020-23 legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” D.K.D. v. A.L.C., 141 A.3d 566, 572 (Pa. Super. 2016) (citations omitted).

2010See Id. at 606 , 735 A.2d at 106 (holding “The polestar of our inquiry, therefore, is the language of the insurance policy.”). ¶ 11 Second, Nordi asks us to examine the policy’s Schedule of Copayments and Limitations and contrast inpatient service limitations with those for outpatient services.

2010See Id. at 606 , 735 A.2d at 106 (holding “The polestar of our inquiry, therefore, is the language of the insurance policy.”). ¶ 11 Second, Nordi asks us to examine the policy’s Schedule of Copayments and Limitations and contrast inpatient service limitations with those for outpatient services.

1999See Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724, 726 (1991) (“While we acknowledge the refinements posited in Gruber in relocation cases, they do not create a new standard and we hasten to stress the polestar of our analysis in this case, just as it was in Gruber .. .remains the best interests of the child....”).

1999See Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724, 726 (1991) (“While we acknowledge the refinements posited in Gruber in relocation cases, they do not create a new standard and we hasten to stress the polestar of our analysis in this case, just as it was in Gruber .. .remains the best interests of the child....”).

2024In re Bruno, 101 A.3d 635, 659 (Pa. 2014).

2024In re Bruno, 101 A.3d 635, 659 (Pa. 2014).

2017“The polestar of our inquiry is the language of the insurance policy.” Continental Casualty Co., 916 A.2d at 1118 (citation omitted).

2016“The polestar of our inquiry is the language of the insurance policy.” Continental Casualty Co., 916 A.2d at 1118 (citation omitted).

2003See Perrott v. Perrott, 713 A.2d 666 (Pa.Super.1998) (Gruber analysis appropriate in evaluating move from Pittsburgh to Wayne, Delaware County-King of Prussia Area); Beers v. Beers, 710 A.2d 1206 (Pa.Super.1998) (plurality) (logic employed by the Gruber Court involving geographical distance applied equally to relocations within the state). 6 ¶ 12 While the Gruber factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that “the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custody c

2003See Perrott v. Perrott, 713 A.2d 666 (Pa.Super.1998) ( Gruber analysis appropriate in evaluating move from Pittsburgh to Wayne, Delaware County-King of Prussia Area); Beers v. Beers, 710 A.2d 1206 (Pa.Super.1998) (plurality) (logic employed by the Gruber Court involving geographical distance applied equally to relocations within the state). [6] ¶ 12 While the Gruber factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that "the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custod

2003See Perrott v. Perrott, 713 A.2d 666 (Pa.Super.1998) (Gruber analysis appropriate in evaluating move from Pittsburgh to Wayne, Delaware County-King of Prussia Area); Beers v. Beers, 710 A.2d 1206 (Pa.Super.1998) (plurality) (logic employed by the Gruber Court involving geographical distance applied equally to relocations within the state). 6 ¶ 12 While the Gruber factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that “the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custody c

2003See Perrott v. Perrott, 713 A.2d 666 (Pa.Super.1998) ( Gruber analysis appropriate in evaluating move from Pittsburgh to Wayne, Delaware County-King of Prussia Area); Beers v. Beers, 710 A.2d 1206 (Pa.Super.1998) (plurality) (logic employed by the Gruber Court involving geographical distance applied equally to relocations within the state). [6] ¶ 12 While the Gruber factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that "the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custod

2003The Gruber factors must be applied “with the backdrop of the.objective of determining the best interests of the child.” Burkholder v. Burkholder, 790 A.2d 1053, 1058 (Pa.Super.2002) (citation omitted). ¶ 13 On appeal, Mother primarily focuses on the trial court’s ultimate consideration after application of the Gruber factors: a determination of the best interests of the children.

2003The Gruber factors must be applied "with the backdrop of the .....objective of determining the best interests of the child." Burkholder v. Burkholder, 790 A.2d 1053, 1058 (Pa.Super.2002) (citation omitted). ¶ 13 On appeal, Mother primarily focuses on the trial court's ultimate consideration after application of the Gruber factors: a determination of the best interests of the children.

2005The polestar of our inquiry, therefore, is the language of the insurance policy.” Newhard v. Travelers Insurance Co., 831 A.2d 602, 605 (Pa. Super. 2003) (quoting Madison Construction Co. v. Harleysville Mutual Insurance Co., 557 Pa. 595, 606 , 735 A.2d 100, 106 (1999)).

2005The polestar of our inquiry, therefore, is the language of the insurance policy.” Id. at 604-605 .

2022See id.

2022See id.

2020Gallagher v. Geico Indemnity Company, 201 A.3d. 131, 137 (Pa. 2013).

2020Gallagher v. Geico Indemnity Company, 201 A.3d. 131, 137 (Pa. 2013).

1999We clarify, however, that the Gruber factors are merely “refinements of the basic standard which remains the best interest of the child.” Gancas, 683 A.2d at 1210 ; see also Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724, 726 (1991) (The Gruber holding does “not create a new standard and we hasten to stress the polestar of our analysis ... remains the best interests of the child.”). ¶ 12 Next, we turn to mother’s assertions of trial court error.

1998While these factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that “the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custody cases, remains the best interests of the child.” Lee v. Fontine, 406 Pa.Super. 487, 489-90 , 594 A.2d 724, 726 (1991); see also Gancas v. Schultz, 453 Pa.Super. 324, 330-32 , 683 A.2d 1207, 1210 (1996); Plowman v. Plowman, 409 Pa.Super. 143, 153-55 , 597 A.2d 701, 707 (1991).

1998While these factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that “the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custody cases, remains the best interests of the child.” Lee v. Fontine, 406 Pa.Super. 487, 489-90 , 594 A.2d 724, 726 (1991); see also Gancas v. Schultz, 453 Pa.Super. 324, 330-32 , 683 A.2d 1207, 1210 (1996); Plowman v. Plowman, 409 Pa.Super. 143, 153-55 , 597 A.2d 701, 707 (1991).

1998While these factors are helpful in resolving relocation disputes, this Court has repeatedly noted that they do not create a new standard and that “the polestar of our analysis in this case, just as it was in Gruber and a legion of prior custody cases, remains the best interests of the child.” Lee v. Fontine, 406 Pa.Super. 487, 489-90 , 594 A.2d 724, 726 (1991); see also Gancas v. Schultz, 453 Pa.Super. 324, 330-32 , 683 A.2d 1207, 1210 (1996); Plowman v. Plowman, 409 Pa.Super. 143, 153-55 , 597 A.2d 701, 707 (1991).

2024See, e.g., League of Women Voters, 178 A.3d at 802 (“The touchstone of interpretation of a constitutional provision is the actual language of the Constitution itself.”) (internal citation omitted); see supra p. 53 (discussing how the plain language of the constitutional text is the polestar of the analysis).

2019As for Mother’s repeated assertion throughout her brief that the 2019 custody order was not in the best interests of Child, Mother’s Brief at 15, 20, 24, 29-30, 35, we agree that “[o]ur paramount concern and the polestar of our analysis in this case, and a legion of prior custody cases, is the best - 11 - J-S50043-19 interests of the child.” S.M. v. J.M., 811 A.2d 621, 623 (Pa. Super. 2002) (citation and internal brackets and quotation marks omitted); see also 23 Pa.C.S. § 5328(a) (“[i]n ordering any form of custody, the court shall determine the best interest of the child”).

2018Spece v. Erie Insurance Group, 850 A.2d 679, 682 (Pa. Super. 2004) (internal brackets, quotations, citations, and formatting omitted).

2017Accordingly, “our Supreme Court has instructed that the polestar of our inquiry . . . is the language of the insurance policy.” Id. at 1232 (internal quotation omitted).

1999"The determination of a child's best interests involves the consideration of all relevant factors that legitimately affect the child's physical, intellectual, moral and spiritual well-being." Clapper, 716 A.2d at 1273 (citation omitted).

1999“The determination of a child’s best interests involves the consideration of all relevant factors that legitimately affect the child’s physical, intellectual, moral and spiritual well-being.” Clapper, 716 A.2d at 1273 (citation omitted).