J-S67016-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 N.A.-D. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : A.A.-S. : : Appellant : No. 1410 MDA 2019 Appeal from the Order Entered July 30, 2019 In the Court of Common Pleas of Franklin County Civil Division at No(s): 2019-650 BEFORE: OLSON, J., DUBOW, J., and STEVENS, P.J.E.* MEMORANDUM BY DUBOW, J.: FILED JANUARY 29, 2020 Appellant, A.A.-S. (“Father”) appeals from the July 30, 2019 Order entered in the Franklin County Court of Common Pleas that, inter alia, awarded Appellee, N.A.-D. (“Mother”), primary physical custody of S.A.S. (“Child”) after the trial court determined that it had jurisdiction to make an initial custody determination under Section 5421(a) of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), 23 Pa.C.S. § 5401- 5482. Upon careful review, we affirm. The relevant procedural and factual history follows. Father and Mother, who are parents to Child, are both originally from Jordan. Father has lived in Texas for over twenty years, and had been a United States (U.S.) citizen for over twelve years. After Father and Mother were married in Jordan in 2015, ____________________________________________ * Former Justice specially assigned to the Superior Court. J-S67016-19 Mother came to Texas on a tourist visa to live with Father. In April 2016, Child was born in Texas and in July 2016, Mother returned to Jordan to renew her visa. Child remained in Texas with Father until November 2016 when immigration authorities permitted Mother to return to the U.S. Father, Mother, and Child resided together in Texas until April 2017 when the parties separated and Mother and Child traveled to Jordan with Father’s knowledge and consent. One year later, in April 2018, Mother returned to Texas with Child in an attempt to reconcile the marriage and surprise Father for his birthday. Mother and Child stayed in a hotel and Father visited frequently. After ten days, Mother and Child left Texas abruptly without notifying Father and traveled to Philadelphia, Pennsylvania to reside temporarily and consult with a family- recommended immigration attorney. During this time, Mother lied to Father and told him that she had returned to Jordan. Following Mother’s departure, Father coordinated with the Jordanian embassy to obtain a divorce. Mother subsequently applied for U.S. citizenship under the Violence Against Women Act (“VAWA”), alleging that Father was physically and emotionally abusive. Mother received a response letter dated June 7, 2018, which determined that Mother had a prima facie case and informed her that a final determination would be made regarding her immigration status in the next eighteen to twenty-four months. In July 2018, after a mutual acquaintance introduced Mother to Sheryl Lahdu, Mother and Child moved to Franklin, Pennsylvania, to reside in Ms. -2- J-S67016-19 Lahdu’s basement apartment rent-free, where Mother and Child continue to reside. On February 15, 2019, Mother filed a Complaint for Custody. In response, on March 14, 2019, Father filed Preliminary Objections challenging jurisdiction and service and requesting that the trial court dismiss ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals