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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 case of Commonwealth v. Jordan established the "caretaker doctrine" in Pennsylvania. It has ...

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Blog Posts in 2013

  • 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 ...

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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 ...

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  • Case Notes: Post-Nuptial Agreement validity

    In the case of Lugg v. Lugg , 64 A.3d 1109 (2013), the Pennsylvania Superior Court was faced with a husband and wife who signed a post-nuptial ...

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  • Case Notes: Child Support and Gifts of Money

    In the case of Suzanne D. v. Stephen W ., 65 A3d 965 (2013), the Pennsylvania Superior Court was faced with the issue of large cash gifts and their ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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