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Publication Date: 2020-08-10
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0857
Mother appealed an indicated report of child abuse based on her accidently hitting child's head with broom when she was aiming for his shoulder and court found Children and Youth Services did not demonstrate mother used unreasonable force or disregarded a substantial or unjustifiable risk or grossly deviated from the standard of care a reasonable parent would observe in her situation. Reversed.
Publication Date: 2020-08-03
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0811
The superior court properly held that anti-alienation provisions governing municipal pensions found in various statutes protected assets from attachment and other legal process only while those assets remained in the possession of the pension fund administrator. The high court affirmed and remanded for further proceedings.
Publication Date: 2020-07-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0761
The trial court did not err in appointing a guardian ad litem and allowing the guardian access to the parties' mental health records where they knew or should have known their mental health would be at issue and the records were to be disseminated only to the guardian for a determination of the effect of the party's mental health upon thechild's best interests. The superior court affirmed.
Publication Date: 2020-07-13
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0653
Father failed to perform his parental duties and demonstrated a settled purpose to relinquish his parental claims, so the court terminated his parental rights.
Publication Date: 2020-07-13
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0731
Department of Human Services erred in expunging indicated report of child abuse where statements to police officer were admissible under excited utterance exception to hearsay rule and constituted substantial evidence that parent was alone with child when parent overdosed on heroin. Order of the department of human services reversed.
Law Journal Press | Digital Book
Authors: NOBLE F. ALLEN
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Publication Date: 2020-07-13
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0652
Mother established that father's parental rights should be involuntarily terminated pursuant to 23 Pa.C.S. §2511(a)(1) where father demonstrated a settled purpose to relinquish parental claim to his son and failed to perform parental duties for at least six months prior to the filing of the termination petition. The court granted a petition to terminate father's parental rights.
Publication Date: 2020-07-06
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0710
Mother challenged trial court's award of shared legal and physical custody of the parties' children and court found trial court's findings concerning the §5328(a) factors were supported by the record and trial court properly ordered that neither parent could take the children out of the United States without written consent of other parent but court remanded for trial court to determine if its restriction on the renewal of the children's Russian passports would affect their status as dual citizens and trial court entered custody order
Publication Date: 2020-07-06
Practice Area: Family Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0570
Defendant was not obligated to pay child support based on an acknowledgment of paternity allegedly bearing her name where the county failed to refute defendant's credible testimony that she did not sign the acknowledgment and the parties had agreed that defendant would not be financially responsible for the child, who was not her biological offspring. The court dismissed plaintiff's complaint for child support.
Publication Date: 2020-06-29
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0567
The court modified custody to provide for a gradual transition of legal and physical custody of a minor child from maternal grandmother to parents.
Publication Date: 2020-06-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0682
Trial court had grounds to invalidate post-nuptial settlement agreement on grounds of divorce where evidence demonstrated husband's history of physical and emotional abuse, wife's fragile emotional state at the time husband had her execute the agreement, and the lack of opportunity for wife to consult with counsel. Order of the trial court affirmed.
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