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Recent Posts in Custody Law Category

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Custody factors and custody orders

In this 2015 case, the Pennsylvania Superior Court smacked down a judge in York County, PA for his continued refusal to properly apply the 16 best interest factors of 23 Pa.C.S.A. 5328 (a) and the ...
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Under Pennsylvania law, which country has jurisdiction for a custody case?

In the case of S.K.C. v. J.L.C., 94 A.3d 402 (Pa. Super. 2014), the Superior Court of Pennsylvania dealt with proper jurisdiction to modify a Pennsylvania custody order for a 14 year old girl. The ...
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School bus service for PA children with shared custody

In a landmark decision, the Pennsylvania Supreme Count dealt with parents who shared physical custody of a child and lived in the same school district. Father requested the school district to provide ...
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Child Protection Law in Pennsylvania

Pennsylvania has 23 new child protection laws, enacted in the wake of the Jerry Sandusky scandal. Most of these laws came into effect on December 31, 2014. These laws dramatically impact custody, ...
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PA Courts can modify Tennessee custody order

In the disturbing case of T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super 2014), Father and Mother shared custody in Tennessee from the child's birth in 2004 until Mother's disappearance in 2011. ...
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Legal test to label someone as a child abuser.

In a recent superior court case (85 Pa. Super. 2014), the court was faced with the question of whether a mother committed child abuse upon her daughter. The facts of the case are awful. The young ...
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Custody and travel: A Superior Court decision

When a trial court makes a custody determination, it has the benefit of being present at the trial, assessing the credibility of witnesses personally etc. So, when an appeals court reviews a custody ...
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A tool for squabbling co-parents: Our Family Wizard

OurFamilyWizard is a website and software program for co-parents. It was created in 2001 and is extremely popular, having been used by more than 100,000 families. It is also widespread, having been ...
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Counsel fees and custody

A common question I receive: "How often can my ex drag me back to court"? The answer to this really depends on the individual facts of the case. But in custody matters, the court is ...
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New Law: Child Abduction Prevention in Custody Disputes

Pennsylvania passed only one law in 2014 that amended the Domestic Relations Act. It is the Uniform Child Abduction Prevention Act, found at 23 Pa.C.S.A. 5201. The Act aims to create guidelines for ...
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Know your judge: Kim D Eaton

JUDGE KIM D. EATON all information as of 2014 CONTACTING JUDGE EATON If your Allegheny County Family Division case number ends in judicial suffix "006", you have Judge Kim Eaton. Judge Eaton ...
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Know your judge: Eleanor Bush

Eleanor Bush is a judge with the Family Division of the Allegheny Court of Common Pleas. Judge Bush has judicial suffix 001. If your case number ends with "001", you have Judge Bush. Judge ...
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Case Notes: 16-factor custody analysis not always required in PA

In the case of M.O. v. J.T.R., 2014 Pa. Super. 15 (February 2014), the Pennsylvania Superior Court thankfully held that a trial court need not embark on the standard 16-factor custody analysis when ...
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Case Notes: "Caretaker Doctrine" abolished

The "Caretaker Doctrine" provided that the "primary caretaker" of the child would maintain custody - so long as both parents were otherwise equally fit to raise the child. The 1982 ...
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The End of Parenting Coordinators

Parenting Coordinators (PC's) are attorneys or mental health professionals (generally attorneys) who have received extensive training in mediation and experience in dealing with high-conflict ...
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Case Notes: Custody factors

In the case of C.B. v. J.B. and M.B. and T.B. , 65 A.3d 946 (Pa. Super 2013), the Pennsylvania Superior Court gave guidance to trial court judges in custody cases on applying the custody ...
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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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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: Does a polyamorous relationship take away custody?

In V.B. and C.B. v. J.E.B. and C.C., 2012 Pa. Super 20, the Superior Court dealt with the issue of whether the court should remove a parents primary custody due to a "polyamorous" ...
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Legislative Update: Could Child Support Continue After Death?

As it stands now, support generally terminates upon the death of the payer. By definition, a dead payer is, no longer living or earning funds to support their children. However, in June of 2012, ...
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Case Notes: Custody Restriction and Effect on Support

What happens economically when the court severely restricts custodial rights? Does that lessen the amount of child support to be paid, since the payer is being denied time with the kids? The Superior ...
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Case Notes: Shared Custody

In the case of S.B. v. B.P. , FD 04-002820, Allegheny CP (March 26, 2012), the local Allegheny County court dealt with a Mother who appealed from a Court Order providing shared custody between Mother ...
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Allegheny County Clarifies Some Divorce Procedures

Court procedures are complicated even for those who practice law. Allegheny County has clarified a few procedural issues. 1. Filing an Inventory and Obtaining a Rule In order to move your divorce ...
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