Michael E Bertin

May 12, 2015 | The Legal Intelligencer

In January 2011, when Pennsylvania's child custody laws were rewritten, the provision in the new Child Custody Act requiring the trial courts to state the reasons for their decisions either on the record in open court, in a written opinion, or in the order was welcomed with open arms as it was believed that it would provide more transparency for the litigants and enable them to better understand the reasoning behind the decisions.

By Michael E. Bertin

6 minute read

March 10, 2015 | The Legal Intelligencer

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal.

By Michael E. Bertin

5 minute read

March 09, 2015 | The Legal Intelligencer

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal.

By Michael E. Bertin

5 minute read

January 13, 2015 | The Legal Intelligencer

All but one state in the United States have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) (the exception being Massachusetts). The predecessor of the UCCJEA was the Uniform Child Custody Jurisdiction Act (UCCJA). A primary complaint about the UCCJA was that numerous custody orders could be entered in different states and forum-shopping could be more prevalent. Under the UCCJEA, the primary focus is on the home state of the child. The UCCJEA defines "home state" as: "The state in which the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding."

By Michael E. Bertin

7 minute read

January 12, 2015 | The Legal Intelligencer

All but one state in the United States have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) (the exception being Massachusetts). The predecessor of the UCCJEA was the Uniform Child Custody Jurisdiction Act (UCCJA). A primary complaint about the UCCJA was that numerous custody orders could be entered in different states and forum-shopping could be more prevalent. Under the UCCJEA, the primary focus is on the home state of the child. The UCCJEA defines "home state" as: "The state in which the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding."

By Michael E. Bertin

7 minute read

November 11, 2014 | The Legal Intelligencer

When the new Custody Act was passed in 2011, practitioners welcomed the statute authorizing the award of counsel fees, costs and expenses, as the statute provides that a court may award reasonable interim or final counsel fees, costs and expenses to a party if the court finds that the conduct of another party was obdurate, vexatious, repetitive or in bad faith. This new counsel fees statute, 23 Pa. C.S. Section 5339, was hoped to be the tool to defend against repeat filers in custody actions. Many believe that repeated custody litigation negatively impacts the best interest of the child. Section 5339 had not been analyzed by the appellate courts of Pennsylvania until the recent case of Chen v. Saidi, 2014 Pa. Super. 190 (September 2, 2014).

By Michael E. Bertin

5 minute read

September 09, 2014 | The Legal Intelligencer

A question often asked of family law practitioners is whether child support continues when a child attends college. In the early 1990s, this issue was addressed head-on by the Pennsylvania Supreme Court as well as the legislature.

By Michael E. Bertin

6 minute read

July 08, 2014 | The Legal Intelligencer

Under Pennsylvania's child custody statute, 23 Pa.C.S., there are two sections that pertain to standing in order for individuals to bring an action for child custody. Section 5324 provides three categories of individuals who may bring an action for any form of physical or legal custody. The three categories are: (1) a parent of the child; (2) a person who stands in loco parentis to the child; and (3) a grandparent of the child who is not in loco parentis to the child and meets three additional criteria.

By Michael E. Bertin

8 minute read

May 13, 2014 | The Legal Intelligencer

In the years following the enactment of the new Child Custody Act in Pennsylvania, attorneys and the bench set sail on uncharted waters. Family law attorneys waited anxiously to read appellate court decisions published following the enactment of the act for guidance as to its interpretation and application. It has been an interesting journey since January 2011, when the act became effective, and the interpretation of the act has continued to evolve.

By Michael E. Bertin

8 minute read

March 11, 2014 | The Legal Intelligencer

In Pennsylvania, the Protection From Abuse Act exists to prevent and protect individuals from abuse. The Protection From Abuse Act is commonly referred to as the PFA Act. Orders obtained under the PFA Act are regularly referred to as PFAs and/or PFA orders.

By Michael E. Bertin

6 minute read