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  • In the Interest of J.J.M.

    Publication Date: 2019-09-23
    Practice Area: Family Law
    Industry: Education
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1119

    Juvenile court properly adjudicated appellant delinquent based on terroristic threats because appellant's statements made at school expressed an intent to cause harm and an indication of impending menace, he consciously disregarded a substantial and unjustifiable risk that his threat would terrorize his fellow students and he communicated a true threat that was not protected by the first amendment. Affirmed.

  • In re Involuntary Termination of Parental Rights, J.R.E.

    Publication Date: 2019-09-16
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1080

    Trial court erred in terminating mother's parental rights because trial court made no effort to examine mother's explanation for her conduct and did not properly weigh father's lack of cooperation or reasonable accommodation in mother's efforts to maintain contact. In the circumstances of this case in which child believed stepmother was his biological mother, permanently severing mother's bond to perpetuate a relationship built on a misrepresentation did not clearly serve the long-term well-being and emotional interests of the child.

  • Smiley v. Smiley

    Publication Date: 2019-09-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1016

    The court did not err in denying mother's motion to dismiss this custody modification proceeding under Pa. R.C.P. 1915.4, because scheduling delays were due to numerous continuances that were agreed to by the parties.

  • Song v. Valderrama

    Publication Date: 2019-09-09
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1012

    Mother was permitted to relocate to another state with the parties' minor child, because the court concluded the move would improve the child's general quality of life.

  • S.C.B. v. J.S.B.

    Publication Date: 2019-09-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1065

    Trial court erred in entering child custody order that incorporated by reference its consideration of some §5328(a) factors from a prior order because incorporation by reference of a previous and outdated analysis of the factors was not sufficient and erred in ordering mother to pay her share of the GAL fees without holding a hearing. Vacated and remanded.

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • M.W. v. Dep't of Human Serv.

    Publication Date: 2019-09-09
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1064

    Bureau misapplied the law and entered a manifestly unreasonable order in denying mother's continuance request, in her appeal of an indicated report of child abuse, for the sole reason that she did not file a waiver of timeliness because 23 Pa.C.S. §6341(c.2) did not mandate the filing of a waiver of timeliness. Reversed.

  • In the Interest of: D.M.D.-C.

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1026

    Biological parent whose parental rights had been terminated qualified as a "foster parent" eligible to receive foster care payments upon providing a foster home to the parent's biological child. Order of the trial court affirmed.

  • In re: PJH

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0858

    Father failed to meet his affirmative duty to be part of his minor son's life and demonstrated a settled purpose to relinquish his parental rights, warranting the relief sought in mother and husband's petition for involuntary termination of father's parental rights. The court granted mother and husband's petition.

  • Jago v. Jago

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1028

    Trial court properly vacated QDRO moving assets from one spouses' retirement plan to the other spouse's IRA where the parties had no intention to separate or seek divorce.

  • Conner v. Holtzinger Conner

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1029

    Trial court erred by deeming federal judge's Section 80 income marital property subject to equitable distribution where there was insufficient evidence to determine whether it qualified as income or retirement benefits subject to equitable distribution. Order of the trial court reversed in part and affirmed in part, case remanded.