Michael E. Bertin

August 17, 2021 | The Legal Intelligencer

In Pennsylvania, there are two forms of child custody: legal custody and physical custody. Under Pennsylvania's Child Custody Act, "legal custody" is defined as: "the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions."

By Michael E. Bertin

7 minute read

June 21, 2021 | The Legal Intelligencer

Since the Child Custody Act became effective in 2012, the Pennsylvania appellate courts have mandated an analysis of the 16 custody factors listed under 23 Pa. C.S.A. 5328 by trial courts when rendering a custody decision.

By Michael E. Bertin

7 minute read

April 12, 2021 | The Legal Intelligencer

The recent Pennsylvania Superior Court case of Denelle v. Denelle, 243 A.3d 230 (Pa. Super. 2020) addressed an interesting issue regarding the intersection of the signing of an acknowledgement of paternity and child support.

By Michael E. Bertin

7 minute read

February 08, 2021 | The Legal Intelligencer

When there is a mental or physical condition that prevents the child from being able to support himself after the child reaches age 18 or graduating high school, the parental obligation of support may continue.

By Michael E. Bertin

8 minute read

December 16, 2020 | The Legal Intelligencer

Because postnuptial and prenuptial agreements are contracts, they are governed by the same rules of law used in determining the validity of contracts. Further, a full financial disclosure by each contracting party is a necessary requirement in the formation of postnuptial and prenuptial agreements.

By Michael E. Bertin

10 minute read

October 19, 2020 | The Legal Intelligencer

From time to time, one parent undermining the other parent's relationship with their children is a prevailing factor in custody cases. The undermining by one parent of the other parent's relationship with their children has been referred to as "parental alienation," which is a controversial subject in psychological and legal fields.

By Michael E. Bertin

7 minute read

August 17, 2020 | The Legal Intelligencer

An increasingly common issue faced by divorcing spouses, as well as family law attorneys, is the treatment and disposition of custodial accounts and 529 accounts for the parties' children.

By Michael E. Bertin

8 minute read

June 22, 2020 | The Legal Intelligencer

When alimony exists pursuant to an agreement between the parties, the language of the agreement controls the alimony and the alimony is only modifiable or subject to suspension or termination if the agreement so provides.

By Michael E. Bertin

7 minute read

April 13, 2020 | The Legal Intelligencer

In the recent case of Commonwealth v. Wilson, the issue on appeal was whether the trial court erred in sua sponte vacating its judgment finding the defendant guilty of indirect criminal contempt for violating an emergency order entered pursuant to the PFA Act during the subsequent sentencing hearing.

By Michael E. Bertin

7 minute read

February 10, 2020 | The Legal Intelligencer

With the passage of the Medical Marijuana Act and the legalization of medical marijuana in Pennsylvania the issue of a parent's marijuana use is not as clearly dispositive in a child custody case as it has been in the past.

By Michael E. Bertin

8 minute read