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Blog Posts in May, 2013

Case Notes: Fabricating Abuse in a Custody Case

In M.O. v. F.W. , 2012 PA Super 49 (2012), the Superior Court affirmed the decision of the trial court awarding sole legal and primary physical custody of the child to Mother due to Father's ...
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Case Notes: The future of Paternity by Estoppel

In my blog post of April 25th, 2013, I addressed a recent court case involving "Paternity by Estoppel". Paternity by Estoppel prevents a man who has acted as a father towards a child for a ...
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Case Notes: Frozen Embryos as Marital Property

In Reber v. Reiss, 42 A.3d 1131 (Pa. Super. 2012), the Pennsylvania Superior Court dealt with a question of first impression: what should happen to fertilized, frozen embryos at divorce? May Wife ...
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Case Notes: Personal Injury Claims as Marital Property?

When is a personal injury claim marital property subject to equitable distribution? Ordinarily, property acquired between the date of marriage and date of separation is marital. But what about a ...
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Custody Requirement: Affidavit of Household

Recently, Allegheny County has required that a new document called an "Affidavit of my Household" be filed with all custody complaints. This document is located here under Child Custody ...
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Case Notes: Custody relocation

On January 24th, 2011, Pennsylvania's stringent new relocation law went into effect. The relocation statute has "factors" that the court must consider when deciding whether to permit a ...
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Case Notes: Discovery of Mental Health Records

The ability to require the other side to provide documents or answer questions is known as "discovery". Discovery in court cases is often limited by various legal protections such as ...
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Case Notes: Purging Contempt

When someone does not pay court ordered support they may be found in "contempt of court". This can lead to a variety of sanctions, such as tax intercepts, increased support, loss of drivers ...
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