FIDLER v. CUNNINGHAM-SMALL


871 A.2d 231 (2005)

Dennis FIDLER, Appellee, v. Erin CUNNINGHAM-SMALL, Appellant.

Superior Court of Pennsylvania.

Filed March 16, 2005.


Attorney(s) appearing for the Case

Christopher M. Riedlinger, Pottsville, for appellant.

Dirk S. Berger, Pottsville, for appellee.

BEFORE: HUDOCK, MONTEMURO and BECK, JJ.


OPINION BY BECK, J.:

¶ 1 This appeal prompts our analysis of the tender years exception to the rule against hearsay, also known as the Tender Years Hearsay Act, in the context of a custody dispute. After careful consideration, we affirm the order of the trial court awarding primary physical custody to Father.

¶ 2 Mother and Father, now divorced, have two daughters; one was born in 1996, the other in 1997. Since October of 2000, the parties have shared...

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