James W Cushing

September 24, 2024 | The Legal Intelligencer

Although there has been much attention paid to how the law has been evolving on the cutting edges of marriage and divorce law, as it happens, there are still some ambiguities on more essential and mundane aspects of marriage and divorce that the courts are still clarifying.

By James W. Cushing

6 minute read

June 21, 2024 | The Legal Intelligencer

The presumption that a child born of a married couple is the child of that couple is one of the oldest and strongest presumptions in the American common law tradition. Due to various and substantial societal changes in recent decades, the presumption has slowly been modified to reflect those changes the same.

By James W. Cushing

5 minute read

March 12, 2024 | The Legal Intelligencer

In the matter of Glover v. Junior, the Pennsylvania Superior Court clarified how to determine parentage, especially when the two prospective parents divorce.

By James W. Cushing

5 minute read

September 25, 2023 | The Legal Intelligencer

In the recent matter of In re Adoption of M.E.I., a Minor, Appeal of D.D.L., Father, the Pennsylvania Supreme Court helped clarify the process for a stepparent to adopt a child.

By James W. Cushing

5 minute read

June 23, 2023 | The Legal Intelligencer

While having an ALJ rule in your client's favor in a DHS matter is certainly a good thing for your client, there is a likelihood that it will have little, if any, impact on a parallel custody matter.

By James W. Cushing

5 minute read

March 13, 2023 | The Legal Intelligencer

It appears that in making its ruling, the trial court simply did not adequately review all of the applicable facts and issues present in a matter involving two competing and conflicting petitions to adopt.

By James W. Cushing

5 minute read

September 26, 2022 | The Legal Intelligencer

In the matter of Goodwin v. Goodwin, 70 MAP 2021, the Pennsylvania Supreme Court has helped clarify what constitutes divisible marital property in the context of divorce.

By James W. Cushing

6 minute read

June 23, 2022 | The Legal Intelligencer

The Pennsylvania Superior Court, in the matter of Sichelstiel v. Sichelstiel, 2022 Pa. Super. 48, has clarified how so-called "pass-through income" from a party's businesses is to be considered in a child support matter.

By James W. Cushing

6 minute read

March 14, 2022 | The Legal Intelligencer

Being properly served or noticed of court proceedings is perhaps the most basic element of due process for anyone involved in the court system. Receiving proper notice is especially important when one's parental rights are to be terminated.

By James W. Cushing

6 minute read

September 27, 2021 | The Legal Intelligencer

The Pennsylvania Superior Court helped clarify what warrants a deviation from the child support guidelines in the recent matter of Thompson v. Thompson.

By James W. Cushing

5 minute read