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  • In the Interest of K.M.W.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0974

    Trial court properly changed child's goal to adoption and involuntarily terminated mother's parental rights because mother's repeated incarceration and continued substance abuse rendered her incapable of parenting child and it was in child's best interests to terminate mother's parental rights since child had been separated from mother for 40 months and had a healthy bond with her long-term foster parents who she viewed as mom and dad. Affirmed.

  • K.T.R. v. L.S.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0976

    Father appealed custody decision before trial court rendered its reconsidered decision and court found father's appeal was premature pursuant to Pa.R.C.P. 1930.2(e). Appeal quashed.

  • In re: Interest of A.C.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0961

    The Philadelphia Department of Human Services met its burden of establishing prima facie evidence that mother was the perpetrator of child abuse where the record established, by clear and convincing evidence, that the minor child was in mother's care at the time of injury and that such injuries would not ordinarily have been suffered but for the acts or omissions of her mother. The superior court affirmed the trial court's order. The superior court affirmed an order finding mother to be a perpetrator of child abuse.

  • In the Interest of K.D.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0973

    Trial court properly found mother was a perpetrator of child abuse pursuant to 23 Pa.C.S. §6303(b.1)(5) and trial court's finding was not an abuse of discretion where evidence showed mother rubbed knife over toddler's body and threatened to drop a plugged-in iron in bath tub of water in which toddler and sibling were sitting. Affirmed.

  • In the Interest of N.S.

    Publication Date: 2020-08-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0947

    Trial court erred in finding that removing minor from mother's custody was a "clear necessity" because mother had not sought to remove minor from hospital against medical advice, had followed treatment recommendations from minor's treatment team and Department of Human Service's argument that mother might remove minor from residential treatment was unfounded. Reversed.

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    Authors: Pamela J. Moore

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  • E.K. v. J.R.A.

    Publication Date: 2020-08-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0908

    History of past violence and social media posts threatening "retribution" for custody order warranted imposing final Protection from Abuse order. Order of the trial court affirmed in part and vacated in part.

  • In the Interest of N.G.

    Publication Date: 2020-08-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0915

    Trial court properly concluded that termination of mother's parental rights to her three children was in the best interests of the children where sons had been in foster care since 2017 and daughter had been in foster care since her birth and record evidence showed mother had drug and mental health issues, lacked understanding of her mental health issues, lived with a heroin abuser who engaged in intimate partner violence and children had bonded with their foster parents. Affirmed.

  • Wean v. Wean

    Publication Date: 2020-08-17
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0805

    The court rejected wife's request for alimony, but it awarded her a larger share of the parties' assets in the divorce.

  • B.R.S. v. J.L.

    Publication Date: 2020-08-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0876

    The superior court construed the phrase "person related by affinity" in the Protection from Abuse Act to include all definitions of a brother-in-law or sister-in-law and, thus, found that the trial court erred in finding that petitioner lacked standing to seek a protection from abuse order against his sister-in-law's husband. The appellate court reversed and remanded.

  • Diaz v. Nabiyev

    Publication Date: 2020-08-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0881

    A series of alleged incidents of abuse occurring within 10 months of PFA petition was sufficient to support entry of a final order where victim credibly testified that the incidents caused her to be in fear of imminent bodily harm. Order of the trial court affirmed.