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Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 6155-CV-2020
The court denied a parent's motion to relocate her minor child on the basis that the move was not in the best interest of the minor as outlined in 23 Pa.C.S.A. §5328(a) and that relocation factors as outlined in 23 Pa.C.S.A. §5337 (h) weighed in favor of denying the motion.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 725 WDA 2022
Mother appealed parts of child custody order finding her in contempt for baptizing child without telling father despite father's known opposition, ordering co-parent counseling to purge the contempt and restricting child's use of "dad" to her biological parent and court found trial court properly found mother in contempt, erred in imposing the purge condition and violated child's first amendment rights in the language restriction. Affirmed in part, vacated in part.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 22-9060
An incarcerated father's merely passive interest in his minor son supported termination of parental rights where the son had since developed a strong and healthy bond with nurturing foster parents. The trial court recommended that its final decree terminating parental rights be affirmed.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 22-9061
The court recommended that appellant biological father's appeal of the termination of his parental rights be affirmed on the basis that appellant failed to perform parental duties under §2511(a)(11) while incarcerated and further failed to take advantage of any parental programs while incarcerated.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1753 MDA 2022
Trial court erred in granting hospital authorization to terminate child's life support in the event of a confirmatory second brain death evaluation, where trial court precluded child's father from questioning medical personnel about the termination of life support or options in the event of a confirmatory second exam. Order of the trial court affirmed in part and vacated in part.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2023-03-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
Evidence of record compelled the trial court's transfer of primary physical custody of minor children from mother to father. The trial court properly relied upon the children's testimony from a conciliation conference to support its rationale regarding the custody arrangement which most suited the children's best interests. The court recommended that the Superior Court affirm its custody order and dismiss mother's appeal.
Publication Date: 2023-02-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6812
The court granted a petition for involuntary termination of parental rights in a matter involving a 13-month-old child where the parent failed to consistently visit child and make progress towards her court-ordered reunification plan. The court noted that termination was proper under 23 Pa.C.S. §2511(a)(1) due to the parent's failure to perform parental duties and the mother's inability to remediate her mental health struggles under §2511(a)(2).
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
While mother had been the primary caregiver of the parties' two sons, the factors set forth in §5328(a) of the Pennsylvania Custody Act, including the children's preferences and father's inclination to foster an amiable relationship with mother, persuaded the court that father should have primary physical custody. The court recommended affirmance.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10699 OF 2019, C.A.
The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 519 MDA 2021
The trial court applied the wrong standard in evaluating former stepfather's asserted in loco parentis status for purposes of standing in an adoption proceeding, as precedent required the court to consider whether he had a genuine and substantial interest in formalizing a permanent parental relationship with the adoptee-child, which surpassed the interest of ordinary, unrelated strangers. The appellate court vacated and remanded.
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