Family Law

  • The Legal Intelligencer

    Family Law

    By Nichole Morford | The Legal Intelligencer | July 11, 2017

    In The Legal's Family Law supplement, read about cryogenics and divorce, transgender marriage in Pennsylvania and autism in family court.

  • The Legal Intelligencer

    Jackson v. Jackson, PICS Case No. 17-1006 (Pa. Super. June 16, 2017) Strassburger, J. (16 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 7, 2017

    Wife had not waived her claim to equitable distribution where husband had filed divorce action raising claim for equitable distribution, wife filed counter-affidavit indicating a claim for economic relief, and the parties entered a bifurcated divorce where trial court retained jurisdiction over economic claims that survived the divorce. Order of the trial court reversed.

  • The Legal Intelligencer

    In Re D.L.B., PICS Case No. 17-1005 (Pa. Super. June 15, 2017) Ford Elliott, P.J. (14 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 7, 2017

    Trial court did not abuse its discretion in involuntarily terminating father's parental rights because father never had custody of child, had little contact or involvement in child's life, failed to cooperate with the services provided by CYF. Affirmed.

  • The Legal Intelligencer

    PFA Weaknesses and How to Fill In the Gaps

    By julie R. Colton | June 29, 2017

    Pennsylvania was the second state in the nation to provide a civil remedy for domestic violence. Since 1976 when the initial law was passed the Protection From Abuse Act at Pa. C.S.A. 6100. et sec. has evolved into a comprehensive statute package.

  • The Legal Intelligencer

    Dependent on Child Support in Dependency

    By James W. Cushing | June 29, 2017

    It is widely known that it is public policy is to ensure children receive the support they need from their parents. In the vast majority of cases, a child support obligation terminates when a child reaches the age of majority (age 18) or graduates from high school, whichever is later, however, the Superior Court of Pennsylvania, in the recent matter of Somerset County Children and Youth Services v. H.B.R., 155 A.3d 627 (Pa. Super. 2017), has addressed the atypical situation when a child reaches the age of majority yet still remains subject to a dependency order.

  • The Legal Intelligencer

    Support Order Based on Evidence Outside of Record Vacated

    By Michael E. Bertin | June 27, 2017

    Within the last five years, the issue of evidence outside of the record being considered by the trial court was raised in an appeal from a custody order in CMP v. MP, 54 A.3 950 (Pa. Super. 212)). Recently, the case of Johnson v. Johnson, 153 A.3 318 (Pa. Super. 2016), was decided and the vacating and remanding of the order was based on a similar reasoning.

  • The Legal Intelligencer

    SAM v. KSM, PICS Case No. 17-0936 (C.P. Lycoming May 30, 2017) McCoy, J. (10 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 23, 2017

    Husband's failure to make minimum monthly payments on an equitable distribution award constituted contempt, and wife was entitled to judgment for total unpaid installments, plus attorney fees. The issue of double-dipping from the same resource to pay support and the property division payments could have been addressed by a modification proceeding, which husband failed to pursue.

  • The Legal Intelligencer

    In the Interest of: C.K., a Minor, PICS Case No. 17-0955 (Pa. Super. June 5, 2017) Strassburger, J. (21 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 23, 2017

    CYF failed to make reasonable efforts at facilitating permanency plan of reunification where court ordered family trauma therapy and CYF failed to adequately communicate the purpose of the court-ordered therapy to its contracted provider such that children's progress was delayed to due assignment to therapy unqualified to address family's needs. Order of the trial court affirmed.

  • The Legal Intelligencer

    J.A.F. v. C.M.S., PICS Case No. 17-0957 (Pa. Super. June 1, 2017) Ford Elliott, P.J., (12 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 23, 2017

    Mother appealed trial court's order denying her petition asserting that a sperm-donor contract existed between her and child's biological father and that father lacked standing in the child custody case but the order she appealed from was not a final order since it was entered in an ongoing child custody proceeding and was not a compete resolution of the pending custody claims. Appeal quashed.

  • The Legal Intelligencer

    Carney v. Carney, PICS Case No. 17-0944 (Pa. Super. May 31, 2017) Stevens, J. (16 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 23, 2017

    The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.

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