C.G. v. J.H. ( 2017 )

J-A15034-17
2017 Pa. Super. 320
C.G., : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
v. :
:
J.H. : No. 1733 MDA 2016
Appeal from the Order entered September 22, 2016
in the Court of Common Pleas of Centre County,
Civil Division, No(s): 2015-4710
BEFORE: MOULTON, SOLANO and MUSMANNO, JJ.
CONCURRING OPINION BY MUSMANNO, J.: FILED OCTOBER 11, 2017
While the Majority sets forth a comprehensive analysis of the issue of
standing in this case, I write separately to convey my concerns regarding
the trial court’s evidentiary hearing in this matter. From the trial court’s
Opinion, it is apparent that the court applied a custody “best interests”
standard, rather than considering the factors relevant to a standing
challenge asserted through preliminary objections.
I additionally note that, while the Majority properly relied on our
Supreme Court’s decision in T.B. v. L.R.M., 786 A.2d 913, 916 (Pa. 2001),
it may be time to re-visit the issue of the appropriate standard and
presumptions to be applied in determining standing where a child is born
during a same-sex relationship. I question whether treating C.G. as a “third
party” is appropriate where, as here, the parties lived together following a
J-A15034-17
commitment ceremony;1 Child was conceived during the parties’
relationship; and the parties subsequently lived together with Child for over
five years.
1At that time, same-sex marriage was not recognized under Florida law. If
C.G. were male, standing would not be an issue because C.G. would have
been considered to be a “parent.”
-2-