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Custody factors and custody orders
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 factors regarding grandparents rights of 23 Pa.C.S.A. 5328(c) to a custody ...

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Blog Posts By Category

    • Summary of the New Pennsylvania Custody Law

      Previous blog posts have analyzed each Section of the new Pennsylvania custody law. This post is a summary of the new law. The new Pennsylvania ...

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    • Act 112: Section 5340 - Filing charges against court appointed evaluators. Conclusion of Act 112.

      Section 5340 is an interesting new provision. Custody actions often involve "psychological evaluations" of the parties parenting relationships and ...

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    • Act 112: Sections 5338-5339 - Best interest & Counsel Fees

      Section 5338 merely restates the basic premise of custody law: the "best interests" of a child are always paramount. Under Section 5338, a custody ...

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    • Can a PA court modify an alimony stipulation reached by the parties?

      In a case of first impression, the Pennsylvania Superior Court dealt with an alimony stipulation between Husband and Wife. The stipulation modified a ...

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    • Case Notes: Attaching a disablity fund to pay Pennsylvania alimony

      The issue of attaching a disability fund with a "non-attachment clause" in order to pay alimony was the subject of the recent Pennsylvania Superior ...

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    • Tax filing status during divorce proceedings

      Which tax filing status can you choose during a Pennsylvania divorce proceedings? The first thing to understand is that your tax status is determined ...

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    • Enforcing a settlement agreement 7 years after the violation

      Husband and Wife married back in 1988 and were divorced in 2003. As part of their divorce settlement, Husband agreed to pay Wife a percentage of the ...

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    • Big Change for Allegheny County PA family law

      Family Division litigants in Allegheny County, Pennsylvania are now subject to a new requirement. As of June 22, 2015, all Motions must now include a ...

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    • Know your judge: Kathryn Hens-Greco

      If your Allegheny County Pennsylvania case has a judicial suffix of "004", then you have Judge Kathryn Hens-Greco as your judge. Brief Biography Judge ...

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    • Should We Seek an Annulment or File for Divorce?

      Many would consider the idea of divorce today as something that is extremely common. Statistics show that around half of the marriages that occur in ...

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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, ...

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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 ...

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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 ...

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    • Case Notes: Child Support for an Adult Child

      In the recent case of Morgan v. Morgan, 2014 PA Super 176, the PA Superior Court ruled concerning an adult child who was receiving child support via a ...

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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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    • 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 ...

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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 ...

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    • Case Notes: Counsel Fees

      We often get questions about counsel fees. Can I make the other side pay my fees? When does the court order counsel fees? What if the other side has ...

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    • Local Case Notes: Alimony, E.D.& counsel fees

      In the local Allegheny County PA case of Casper v. Casper , Judge Marmo issued a decision concerning parties who had married in 1985 and separted in ...

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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 ...

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    • Are post-separation disability payments "marital", under Pennsylvania law?

      The Pennsylvania Superior Court recently dealt with the question of whether post-separation disability payments are marital. In Yuhas v. Yuhas, the ...

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    • Can a PA court modify an alimony stipulation reached by the parties?

      In a case of first impression, the Pennsylvania Superior Court dealt with an alimony stipulation between Husband and Wife. The stipulation modified a ...

      View More
    • 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 ...

      View More
    • 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 ...

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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 ...

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    • Are post-separation disability payments "marital", under Pennsylvania law?

      The Pennsylvania Superior Court recently dealt with the question of whether post-separation disability payments are marital. In Yuhas v. Yuhas, the ...

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    • Enforcing a settlement agreement 7 years after the violation

      Husband and Wife married back in 1988 and were divorced in 2003. As part of their divorce settlement, Husband agreed to pay Wife a percentage of the ...

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    • How to Survive Ashley Madison

      So, your loved one (or you) has been Ashley Madisonized. And now you are splitting up. What should you do next for divorce or custody? A brief guide ...

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    • Are post-separation disability payments "marital", under Pennsylvania law?

      The Pennsylvania Superior Court recently dealt with the question of whether post-separation disability payments are marital. In Yuhas v. Yuhas, the ...

      View More
    • Enforcing a settlement agreement 7 years after the violation

      Husband and Wife married back in 1988 and were divorced in 2003. As part of their divorce settlement, Husband agreed to pay Wife a percentage of the ...

      View More
    • Inherited IRA's and bankruptcy

      Retirement funds such as 401K's, IRAs and 403b accounts are generally protected in bankruptcy. That is, retirement accounts are not reachable by ...

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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 ...

      View More
    • Can a PA court modify an alimony stipulation reached by the parties?

      In a case of first impression, the Pennsylvania Superior Court dealt with an alimony stipulation between Husband and Wife. The stipulation modified a ...

      View More
    • 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 ...

      View More
    • 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 ...

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    • Case Notes: Custody standing

      In the case of E.T.S. v. S.L.H., 54 A3d 880 (Pa. Super 2012), the Superior Court decided the petition of a boyfriend who sought to have standing to ...

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    • Know your judge: Kathryn Hens-Greco

      If your Allegheny County Pennsylvania case has a judicial suffix of "004", then you have Judge Kathryn Hens-Greco as your judge. Brief Biography Judge ...

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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 ...

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    • Taxes and military pensions in a divorce

      In previous blog posts, we discussed the difficulties in dividing a military pension in a divorce. It can be done, but it needs to done carefully and ...

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    • Military pension: Survivor Benefit Plan

      Valuing, dividing and allocating military pension benefits is one of the most misunderstood areas of divorce law in Pennsylvania. Accordingly, it is ...

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    • Dividing a military pension (Part 3: Important issues)

      The first part of this series dealt with preparation for dividing a military pension for a divorce. The second part of th is series dealt with the ...

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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: Paternity by Estoppel

      Establishing paternity can often be confusing. There are two major presumptions regarding paternity in Pennsylvania: If Mother is married, there is a ...

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    • Extension of a PFA: Case Notes

      Question: When an existing Protection From Abuse Order is violated, must the PFA be extended? Answer: The PFA must be extended if the PFA is violated ...

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    • Case Notes: Who falls under a PFA?

      Protection from Abuse (PFA) cases only apply between "family or household members" or "sexual or intimate partners". 23 Pa.CSA 6102 (a). Violence ...

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    • Local Case Notes: March 2011 Pittsburgh PFA decision

      A judge of the Allegheny Court of Common Pleas has issued an interesting and potentially problematic decision concerning a recent Protection from ...

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    • Tax filing status during divorce proceedings

      Which tax filing status can you choose during a Pennsylvania divorce proceedings? The first thing to understand is that your tax status is determined ...

      View More
    • Case Notes: Child Support for an Adult Child

      In the recent case of Morgan v. Morgan, 2014 PA Super 176, the PA Superior Court ruled concerning an adult child who was receiving child support via a ...

      View More
    • 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 ...

      View More
    • Taxes and military pensions in a divorce

      In previous blog posts, we discussed the difficulties in dividing a military pension in a divorce. It can be done, but it needs to done carefully and ...

      View More
    • Tax filing status during divorce proceedings

      Which tax filing status can you choose during a Pennsylvania divorce proceedings? The first thing to understand is that your tax status is determined ...

      View More
    • Dividing military retirement benefits in divorce (Part 1: The first three steps)

      Dividing military retirement benefits is one of the trickiest elements of a divorce. In my experience, attorneys often will simply avoid the ...

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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, ...

      View More
    • Case Notes: Termination of parental rights for an infant.

      In the case of In Re: Adoption of M.R.B ., 25 A3d 1247 (Pa. Super. 2011), the Superior Court overturned the Beaver County trial court decision and ...

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    • Case Notes: Incarceration and termination of parental rights

      People often confuse the terms custody and parental rights . Put simplistically, physical custody is the right to spend time wth a child and legal ...

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    • "Purge" payments via credit card in Washington County, PA

      A payor may be found in "contempt of court" if he or she fails to properly make support payments. In that case, the court will often order "purge ...

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    • 2012 Guide to Washington County Family Court Personnel

      JUDGE : Family law cases are now administratively guided by the new judge, the Honorable Gary Gilman. Judge Gilman generally hears all family law ...

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    • Brief sketch: New Judge Gary Gilman

      Judge Gary Gilman is the newly elected Judge for the Court of Common Pleas of Washington County, Pennsylvania. Judge Gilman will be handling almost ...

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