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Publication Date: 2024-02-09
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1774 EDA 2023
Trial court committed legal error by preventing child's legal and best interest attorneys from participating in child's in camera interview in contravention of Pa.R.J.C.P. 1128(A)-(B) and 1134 during a dependency and reunification hearing. Vacated.
Publication Date: 2024-02-09
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 8 WAP 2023
Appellants appealed the trial court's denial of their motion to dismiss appellee's complaint to establish paternity. The court reversed and remanded, holding that a marital couple's separation prior to the filing of a paternity action does not, per se, preclude application of the presumption of paternity.
Publication Date: 2024-02-02
Practice Area: Family Law
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2808 EDA 2022
Trial court erred in refusing to impose a constructive trust on funds from a home sale, based on fact neither party held title to the home, because trial court had the authority to impose a constructive trust using the proceeds of the home sale and it was not relevant that defendant did not hold title to the property. Vacated.
Publication Date: 2024-01-29
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge McMaster
Attorneys: For plaintiff:
for defendant:
Case Number: A06-20-61132-D-37
The court issued its §1925(a) opinion in support of its order assigning marital values to various pieces of property owned by the divorcing couple and its order of a 50/50 equitable distribution and asserted it did not abuse the broad discretion afforded judges in determining those questions and applying the factors set forth in 23 Pa. C.S.A. §3502(a).
Publication Date: 2024-01-29
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 962 WDA 2022
Denial of law firm's petition for fees and costs did not itself deprive couple subsequently adjudicated incapacitated of their choice of counsel, but the trial court exercised its discretion to deny fees and costs where it found the firm's services to be unreasonable or unnecessary. Orders of the trial court affirmed.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-01-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 487 WDA 2023
Trial court correctly determined that changing the goal to permanent legal custodianship was in child's best interest, where child had been hospitalized for failure to thrive, and although father had substantially complied with his service plan goals and shown he was capable of parenting child, mother did not have the same parenting capacity and father would be unable to provide the "irreducible minimum requirements" since he was also a parent to three other young children. Affirmed.
Publication Date: 2024-01-08
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 14 of 2021,D.P.
Petitioner Lawrence County Children and Youth Services filed a petition for the involuntary termination of parental rights of the natural mother and natural father of A.H. Mother voluntarily relinquished her parental rights. The court denied the petition as to the father, finding petitioner failed to prove the statutory grounds for involuntary termination of father's parental rights father.
Publication Date: 2024-01-01
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1369 EDA 2022
Appellant appealed from the trial court's domestic relations order granting appellee's petition for pre-birth establishment of parentage of the child that the female couple conceived through in vitro fertilization during marriage. The court affirmed, concluding that appellee had a contractual and an "intent-based" right to parentage.
Publication Date: 2023-12-18
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 1510 EDA 2023
In consolidated cases, mother appealed the trial court's order involuntarily terminating her parental rights to her daughter and changing child's permanency goal to adoption. The court affirmed, holding that intellectually disabled mother suffered no equal protection violation where the trial court terminated parental rights based on her inability to meet child's needs, rather than her intellectual capacity.
Publication Date: 2023-12-04
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 422 MDA 2023
Trial court erred in dismissing appellant's second protection from abuse petition after appellant's first PFA petition was dismissed without prejudice because res judicata and collateral estoppel did not apply to bar her from raising the same claims in her second petition and an evidentiary hearing was mandatory. Vacated and remanded.
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