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  • In re: Adoption of: L.A.K.

    Publication Date: 2022-01-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0009

    Superior court erred in overlooking factual and credibility determinations of trial court that supported the trial court's denial of a petition to involuntarily terminate parental rights, which credited parent's testimony regarding his efforts to overcome barriers to his ability to exercise parental duties. Order of the superior court reversed and remanded.

  • In the Interest of: I.M.S.

    Publication Date: 2022-01-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1519

    Trial court erred in summarily denying parent's petition to appeal nunc pro tunc where counsel's failure to timely file a requested appeal from termination of parental rights constituted per se ineffective assistance of counsel. Order of the trial court reversed, case remanded.

  • In the Interest of L.W.

    Publication Date: 2022-01-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1507

    Mother challenged the termination of her parental rights to her three children and court found trial court applied the correct analysis, record supported trial court's decision and court deferred to trial court's credibility determination. Affirmed.

  • Ryan v. Ruize

    Publication Date: 2021-12-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1501

    Statements made to licensed clinical social worker during therapy session were admissible in PFA hearing where privilege applicable to those professionals only restricted testimony in divorce or child custody proceedings. Order of the trial court affirmed.

  • In the Interest of LA.-RA. W.

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1420

    Parents challenged trial court's finding twin infants were dependent and victims of child abuse and parents were the abusers and court found trial court properly excluded parents' experts' testimonies and trial court's finding that placement outside the home was in the children's best interest was supported by the evidence. Affirmed.

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  • Kilkenny v. Kilkenny

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1310

    While mother seemed to have learned from her mistake of absconding with the parties' minor children in violation of a prior court order, the court awarded father primary physical custody where the 16 factors enumerated in 23 Pa.C.S. §5328(a), including stability, weighed in favor of father. The court recommended that mother's appeal be quashed.

  • K.D. v. E.D.

    Publication Date: 2021-11-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1384

    Mother challenged grant of periods of supervised therapeutic custody of children to father and court found trial court engaged in a comprehensive best interest analysis and its analysis relative to whether father currently presented a threat of harm to children was careful, thorough and reasonable. Affirmed.

  • In the Interest of: K.B.

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1357

    Trial court had sufficient basis to find child victim incompetent to testify where she demonstrated a lack of understanding of the need to tell the truth and did not accurately perceive the nature of the allegations in the case. Order of the trial court affirmed.

  • Moore v. Barclay

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1252

    The court held that appellant's act, where he essentially ran appellee off the road placing her in reasonable fear of imminent serious bodily injury, constituted abuse that violated the protection from abuse order against appellant. Finding of indirect criminal contempt affirmed.

  • In re: AMH

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1248

    While father loved his child, such love was not the statutory standard the court was required to consider in ruling on a petition to terminate his parental rights, which petitioners supported with evidence that father failed to perform his parental duties for a period in excess of six months. The court granted the petition for involuntary termination of father's parental rights.