One of the most commonly litigated legal custody issues is “school-choice” and as families prepare to go into the next school year, we are seeing an increase in disputes among separated/divorced parents.
Many families...more
With the legalization of medical marijuana in Pennsylvania, how does it impact child custody cases? The answer is not so simple.
Under the Medical Marijuana Act: “the fact that an individual is certified to use medical...more
When a child is removed from or retained in a country that is not a child's habitual residence a parent can seek to have the child returned to their habitual residence country under the Hague Convention on the Civil Aspects...more
A lot of times when parents file petitions with the court regarding enforcing a custody order or contempt, they also want the court to adjust the custody order. Some think that the court can only change the custody order if...more
Did you know that a stepparent can be ordered to pay child support of his or her stepchildren in Pennsylvania? In a recent Pennsylvania Supreme Court case, just that happened – a stepparent was found to have a duty to support...more
The recent case of W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. 2015), addresses numerous issues often faced by family law practitioners. The relevant factors of the case are as follows: W.C.F. (the father) and M.G. (the mother)...more
In November 2014, the Pennsylvania Superior Court case of T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. 2014), addressed modification of a child custody order under the Uniform Child Custody Jurisdiction and Enforcement Act...more
In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more
Did you know that you can file to modify your child custody order at any time? Unlike in child support cases where a change in circumstances is needed to modify the order, a custody order can be modified at any time. If you...more
When the new Custody Act was passed in 2011, practitioners welcomed the statute authorizing the award of counsel fees, costs and expenses, as the statute provides that a court may award reasonable interim or final counsel...more
In the years following the enactment of the new Child Custody Act in Pennsylvania, attorneys and the bench set sail on uncharted waters. Family law attorneys waited anxiously to read appellate court decisions published...more
Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more
In Pennsylvania, the Protection From Abuse Act exists to prevent and protect individuals from abuse. The Protection From Abuse Act is commonly referred to as the PFA Act. Orders obtained under the PFA Act are regularly...more
In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury...more
The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's...more
In January 2011, the new custody act became effective and changed the landscape of child custody in Pennsylvania. However, the Rules of Civil Procedure pertaining to child custody tracked the custody statutes previously in...more
The evolution of the courts’ application of the new child custody statute continues at a consistent pace. A recurring issue that has been addressed by the Pennsylvania Superior Court pertains to the requirement of the trial...more