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HILLER v. FAUSEY

904 A.2d 875 (2006)

Cheryl HILLER, Appellee v. Shane FAUSEY, Appellant.

Supreme Court of Pennsylvania.

Decided August 22, 2006.

Attorney(s) appearing for the Case

Howard Jonathan Bashman, Willow Grove, for Shane Fausey, appellant.

Karen Anne Wyle, Pro Hac Vice, Bloomington, IN, for Coalition for the Restoration of Parental Rights, appellant amicus curiae.

Mark Albert Momjian, Natasha Gonzalez, Philadelphia, for Cheryl Hiller, appellee.

Ellen Ruth Wase, Philadelphia, for AARP, appellee amicus curiae.

Karen Coleen Buck, Kimberly J. Krzyzaniak; Stephen Alan Feldman, Jenkintown, for Senior Law Center, et al., appellee amici curiae.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

This Court granted allocatur in this matter to determine the constitutionality of a trial court's application of the Pennsylvania's statute governing the provision of partial custody or visitation to grandparents upon the death of their child who is also the grandchild's parent, 23 Pa.C.S. § 5311.1 The Superior Court held that the trial court's application...

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