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Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 6635
Court denied petitioner's request to terminate the biological father's parental rights due to his absence in the minor's life while he was incarcerated. Specifically, the court found termination was not warranted under §2511(a)(1) because father did attempt to modify his visitation orders during the six-month period but was unable to do so due to court delays. The court further found termination was not appropriate under §2511(a)(2) because father was not incapacitated to the point of no remediable efforts.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 81 WDA 2022
Trial court properly granted parent's petition to obtain COVID-19 vaccination over co-parent's objection, after finding vaccination to be in child's best interests based upon medical expert's testimony that was based on review of child's medical records and recommendations from her pediatrician. Order of the trial court affirmed.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: AD-2021-6774
Where mother was content to have someone else be responsible for attending to her children's physical, mental and emotional needs, she had evidenced a settled purpose of relinquishing her parental claims and had failed to perform her parental duties for a period of at least six months. The court granted a petition for involuntary termination of parental rights.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: FC-20-20473
While the parties permanently ceased sharing a bedroom after a troubling incident in August 2014, the court could not rely on that incident to establish a date of separation because most of the rights and duties typically attendant to a marital relationship had been absent from the parties' marriage for many years prior. The court granted in part wife's exceptions.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6785
The minor child's natural father, who had no contact with his child after birth and made no inquiries about him, had evidenced both a settled purpose of relinquishing his parental claim to the child and failing to perform his parental duties for the entirety of the child's life. The court granted a petition for involuntary termination of parental rights.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2022-10-03
Practice Area: Family Law
Industry: Legal Services
Court: Courts of Common Pleas, Adams County
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-S-871
The court refused to grant wife's petition to open a divorce decree where her petition was not timely filed and her attorney's mistake in failing to file economic claims on wife's behalf did not amount to extrinsic fraud so as to warrant relief under 23 Pa.C.S. §3332. The court denied wife's petition.
Publication Date: 2022-10-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 113 WDA 2022
Parents appealed the involuntary termination of their parental rights and court found no abuse of discretion because father's nolo contendere plea to aggravated abuse of infant was enough to satisfy the statute, mother did not fully address the underlying conditions and Allegheny County Children Youth and Families met its burden under §2511(a) and §2511(b). Affirmed.
Publication Date: 2022-10-03
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Adams County
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-S-253
Court denied request to modify a hearing officer's report and recommendation which was incorporated into the final divorce decree, holding that the Pennsylvania Divorce Code makes no provision for a modification of a final decree of equitable distribution, and in fact, it is settled law that such degrees are non-modifiable.
Publication Date: 2022-09-05
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1002
Superior court properly found that life insurance proceeds and an IRA wife received on her child's death during her marriage to husband were "gifts" under §3501(a)(3) of the divorce code and were not marital property. Affirmed.
Publication Date: 2022-08-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0978
Trial court properly found infant child with leg fractures was the victim of child abuse and parents were the perpetrators of the abuse because parents did not testify, presented no rebuttal witnesses and failed to rebut the §6381(d) presumption with countervailing, competent, substantial evidence. Affirmed.
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