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Michael E. Bertin

Michael E. Bertin

August 10, 2010 | The Legal Intelligencer

Local Customs and Practices Cannot Determine Custody Cases

Recently, the Pennsylvania Superior Court has published two opinions reiterating the well-established case law mandating a fact-specific analysis of the children's best interests by the court in deciding custody disputes as opposed to relying on local custom, practice or judicial norms.

By Michael E. Bertin

7 minute read

February 09, 2010 | The Legal Intelligencer

Changes in New Pennsylvania Support Guidelines

Pursuant to the Pennsylvania Support Guidelines, the guidelines shall be reviewed at least once every four years. After the most recent review, which began in 2007, the new Support Guidelines were adopted on Jan. 12. The effective date is May 12, 2010.

By Michael E. Bertin

8 minute read

October 11, 2010 | The Legal Intelligencer

Tax Ramifications and Costs in Equitable Distribution

The recent Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. The question family law practitioners face is whether the Balicki decision mandates the court to apply tax ramifications and the costs of sale to all assets when equitably dividing the marital estate.

By Michael E. Bertin

7 minute read

August 12, 2008 | The Legal Intelligencer

Unincorporated Divorce Property Settlement Agreement Enforceable

The Pennsylvania Superior Court case of Annechino v. Joire provided a reminder and clarification to family law practitioners regarding the enforceability of property settlement agreements.

By Michael E. Bertin

6 minute read

May 05, 2006 | The Legal Intelligencer

Best Interest of Child Paramount in Denial Of Relocation Petition

The recent Pennsylvania Superior Court case of Speck v. Spadafore reiterates that in a child-custody relocation case the best interest of the child is paramount. The Superior Court vacated the trial court's order granting the mother's petition to relocate from York County, near Harrisburg, to Butler County, near Pittsburgh.

By Michael E. Bertin

8 minute read

April 13, 2010 | The Legal Intelligencer

Jurisdiction and Inconvenient Forum Under the UCCJEA

Issues pertaining to exclusive continuing jurisdiction and inconvenient forum in child custody cases are often hot topics among family law practitioners. Recently, the case of A.D v. M.A.B., addressed both of these issues.

By Michael E. Bertin

7 minute read

October 21, 2005 | The Legal Intelligencer

Disclosure Provision Has Pivotal Part in Validating Marital Agreement

The Pennsylvania Superior Court affirmed the Bucks County trial court's upholding of a marital settlement agreement that failed to delineate the value of a business owned by husband but did recite that disclosure of its value had been made.

By Michael E. Bertin

5 minute read

November 30, 2005 | The Legal Intelligencer

Presumption in Favor of Biological Parent in Same-Sex Custody Dispute

The recent case of Jones v. Jones may create the possibility of unrest in same-sex couples planning to have children. In the case, the Pennsylvania Superior Court affirmed the Bucks County trial court's award of primary physical custody of 8-year-old twin boys to the petitioner, Patricia Jones, the nonbiological parent and former same-sex partner of Ellen Boring Jones (Boring), the biological mother.

By Michael E. Bertin

6 minute read