James W Cushing

June 24, 2021 | The Legal Intelligencer

In the matter of P.G. v. A.C. and D.H. (case no.: 947 WDA 2020), the Pennsylvania Superior Court has clarified the distinction between a long-term babysitter and someone who can obtain the status of in loco parentis.

By James W. Cushing

5 minute read

March 15, 2021 | The Legal Intelligencer

In the recent matter of J.F. v. Department of Human Services, (docket number 72 MAP 2019), the Pennsylvania Supreme Court has definitively decided how entry into an accelerated rehabilitative disposition program (ARD) can affect an appeal from a "founded" report from the Department of Human Services (DHS).

By James W. Cushing

7 minute read

September 28, 2020 | The Legal Intelligencer

At issue was whether alleged past acts of violence could be introduced as evidence at a PFA hearing and whether notice is required before entering a custody contempt order.

By James W. Cushing

7 minute read

June 25, 2020 | The Legal Intelligencer

The Pennsylvania Superior Court drove home the importance of pleadings and motions in providing the opposing party notice of what is at issue when going to a family court hearing.

By James W. Cushing

6 minute read

March 16, 2020 | The Legal Intelligencer

Customarily the confidentiality between an attorney and his client is sacrosanct, but the case of Lesley Corey v. Wilkes Barre Hospital, 2019 Pa. Super. 288, explores a situation where that confidentiality in a divorce matter may be breached.

By James W. Cushing

6 minute read

December 16, 2019 | The Legal Intelligencer

No one wants to be held in contempt of court, and attorneys do their best to try and keep their clients from being held in contempt, but there are times when an attorney can be held in contempt of court for what his client does or does not do.

By James W. Cushing

5 minute read

September 30, 2019 | The Legal Intelligencer

Over the last several years it has been increasingly common for the captions of child custody cases when taken on appeal to be referred to by the initials of the parties, as opposed to using their full names.

By James W. Cushing

3 minute read

June 27, 2019 | The Legal Intelligencer

In the matter of R.L. v. M.A., Case No.: 2740 EDA 2018, the Pennsylvania Superior Court delved into the leading edge of family law when it ruled upon whether an individual in a same-sex relationship can be awarded custody of a child with whom she has no biological relationship.

By James W. Cushing

5 minute read

March 18, 2019 | The Legal Intelligencer

Pennsylvania Superior Court recently heard a rather complex and tangled case regarding how, when and what significance a paternity test may have in determining the paternity of a child.

By James W. Cushing

8 minute read

December 20, 2018 | The Legal Intelligencer

The Pennsylvania Supreme Court has recently handed down a ruling in the matter of Pennsylvania v. Tex Xavier Ortiz, 45 WAP 2017, that addresses and clarifies whether the criminal offense of interference with the custody of children, committed by a biological parent, can serve as an underlying felony for the crime of kidnapping a minor.

By James W. Cushing

5 minute read