November 28, 2023 | The Legal Intelligencer
Special Immigrant Juvenile Status: Does It Exist in Pennsylvania?I think we are all starting to see how this piece of federal legislation has caused a headache for state courts. While state court judges are not actually making immigration determinations, they are being asked to make all of the factual determinations underlying an immigration decision and, with a number of judges, that does not sit well.
By Lawrence J. Persick
10 minute read
January 26, 2023 | The Legal Intelligencer
When Is a Divorce Finally Over? Modifications and Special ReliefWhile a divorce decree is "final" and, supposedly, nonmodifiable 30 days after it is docketed, special relief is available when a party sees the need to appeal to the court's equitable powers to modify the specifics of a divorce decree.
By Lawrence J. Persick
6 minute read
April 07, 2022 | The Legal Intelligencer
Some Help in Defending Repeat Custody FilingsYou have just gotten your client a favorable result in a custody trial and the opposition immediately files a modification, re-starting the entire process. If you are lucky, you will have a day or two to enjoy your victory before you receive the modification petition. Sometimes you do not even get those two days.
By Lawrence J. Persick
8 minute read
July 10, 2020 | The Legal Intelligencer
'Grossman' Standard for Psychologists in Family Law Cases ReassessedI am sure all psychologists are familiar with the case. Recently the Pennsylvania State Board of Psychology, the body responsible for licensing psychologists in the commonwealth, modified its rules to essentially abrogate the Grossman decision.
By Lawrence J. Persick
7 minute read
February 14, 2020 | The Legal Intelligencer
Inherited Wealth in Divorce and Its Relevance in the ProcessThe inspiration for this article is a client I have been representing for a few months. He and his wife have decided to go their separate ways and need help figuring out the economic claims ancillary to divorce. The biggest of those is the "who gets what" of a divorce, also known as equitable distribution.
By Lawrence J. Persick
7 minute read
November 21, 2019 | The Legal Intelligencer
Pennsylvania Custody Legislation: Two Bills, Two ExtremesIntroduced on May 6, HB 1397 seeks to amend the custody provisions of Title 23, such that a 50/50 custody schedule is a rebuttable presumption. On the other end of the spectrum, SB 868, which was introduced on Sept. 30, focuses on the issues of domestic violence and its potential effect on children in child custody situations.
By Lawrence J. Persick
9 minute read
July 13, 2019 | The Legal Intelligencer
HB 1397: Is a 50/50 Custody Presumption on Its Way to Pennsylvania?The most significant of those changes are to 23 Pa. C.S.A. Section 5322 and Section 5327, such that the concepts of “primary” and “partial” physical custody would be eliminated in favor of “equal parenting time.”
By Lawrence J. Persick
8 minute read
December 20, 2018 | The Legal Intelligencer
New Legislation Addresses Domestic Violence-Support SituationRecently the Pennsylvania legislature addressed one of these situations—and made things right—with the passage of HB-983, which along with Pennsylvania Gov. Tom Wolf's signature on Oct. 24, became Act 102 of 2018.
By Lawrence J. Persick
7 minute read
July 12, 2016 | The Legal Intelligencer
New Thoughts on Solving the Absentee Parent ProblemEvery family law practitioner has been there. The players are a little different each time but the roles are always the same. Usually it is a young mother complaining about a "dead beat dad" who is hardly in the picture. Sometimes it is a concerned grandparent who has been listening to the parent's heartache for far too long. Or it is a young father complaining about a mother with a mental health history who has walked out for the last time and left him to care for a young child alone.
By Lawrence J. Persick
12 minute read
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