Michael E Bertin

February 08, 2006 | The Legal Intelligencer

In Peters v. Costello, the Supreme Court held that nonbiological grandparents who stand in loco parentis to one of the parents of the child with respect to whom they seek grandparental partial custody/visitation rights, and who otherwise qualify to seek partial custody/visitation, have standing to seek partial custody/visitation under the Grandparents Visitation Act, 23 Pa. C.S.A. Section 5313(a).

By Michael E. Bertin

9 minute read

October 09, 2012 | The Legal Intelligencer

In the last year-and-a-half since the new custody statute became effective, a number of cases have been decided by the Pennsylvania Superior Court analyzing the application of the new act.

By Michael E. Bertin

9 minute read

October 08, 2013 | The Legal Intelligencer

In January 2011, the new custody act became effective and changed the landscape of child custody in Pennsylvania. However, the Rules of Civil Procedure pertaining to child custody tracked the custody statutes previously in effect and created inconsistency. The much anticipated revised custody rules were promulgated and became effective September 3.

By Michael E. Bertin

7 minute read

August 14, 2007 | The Legal Intelligencer

In the recent case of Mencer v. Ruch, the Superior Court held that the income from a supplemental needs trust created pursuant to New York state law from the proceeds of a personal injury action should be considered income for child support purposes.

By Michael E. Bertin

9 minute read

February 08, 2011 | The Legal Intelligencer

On Jan. 24, the new Child Custody Act (Act No. 112 of 2010) went into effect. The new Child Custody Act begins at 23 Pa. C.S.A. §5321 and concludes at 23 Pa. C.S.A. §5340, and replaces sections 5301 through 5315, as well as Section 4346.

By Michael E. Bertin

11 minute read

December 08, 2009 | The Legal Intelligencer

The recent case of Miller v. Miller raises interesting issues for the family law practitioner. Generally, the Miller case pertains to a postnuptial agreement entered between the parties, which included a provision that the husband should pay for the mortgage, taxes and insurance on the marital residence until the marital residence was sold.

By Michael E. Bertin

9 minute read

December 14, 2010 | The Legal Intelligencer

The recent case of Brickus v. Dent provides practitioners with a reminder that support orders may be modified in any appropriate manner — either upwardly or downwardly — regardless of whether the petitioner is seeking an upward or downward modification of the order and the respondent does not file a counter/cross-petition to modify.

By By Michael E. Bertin

9 minute read

April 13, 2011 | The Legal Intelligencer

Under the Protection from Abuse Act (PFA Act), "abuse" is defined as follows: "The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape … (2) Placing another in reasonable fear of imminent serious bodily injury."

By Michael E. Bertin

7 minute read

June 14, 2011 | The Legal Intelligencer

An interesting issue was raised recently in a Pennsylvania Superior Court case pertaining to civil contempt in a child support case.

By Michael E. Bertin

7 minute read

August 10, 2010 | The Legal Intelligencer

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