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M.A.T. v. G.S.T.

No. 1517 MDA 2008.

989 A.2d 11 (2010)

M.A.T., Appellant v. G.S.T., Appellee.

Superior Court of Pennsylvania.

Filed January 21, 2010.

Attorney(s) appearing for the Case

Kathleen Misturak-Gingrich, Harrisburg, for appellant.

Darren J. Holst, Harrisburg, for appellee.

BEFORE: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.

OPINION BY DONOHUE, J.:

¶ 1 Appellant M.A.T. ("Mother") appeals the trial court's order dated August 11, 2008 denying her petition for modification of a custody order granting Appellee G.S.T. ("Father") primary physical custody of their daughter K.J.T. ("Daughter"). The trial court based its decision on (1) its application of an evidentiary presumption against a homosexual parent, see, e.g., Constant A. v. Paul C.A., 344 Pa.Super. 49...

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