August 10, 2010 | The Legal Intelligencer
Local Customs and Practices Cannot Determine Custody CasesRecently, 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 GuidelinesPursuant 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 DistributionThe 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 EnforceableThe 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 PetitionThe 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 UCCJEAIssues 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 AgreementThe 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 DisputeThe 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
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