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  • R. H. v. Dep't of Human Serv.

    Publication Date: 2019-03-25
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0326

    The Bureau of Hearing and Appeals erred in adopting the ALJ's report and finding that petitioner's appeal of an indicated report of child abuse was untimely because the department could not establish it actually mailed the notification letter to petitioner in February 2017 and he was entitled to an administrative appeal nunc pro tunc on the merits. Reversed.

  • In the Interest of H.J.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0286

    Trial court properly found that a goal change to adoption was in the child's best interests and parents' argument for a permanency goal of subsidized permanent legal custody lacked merit because they based their argument on the need for child to continue a relationship with her sister but SPLC as a permanency goal did not guarantee sibling visitation. Affirmed.

  • In the Interest of N.A.D.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0287

    Trial court properly found minor guilty of aggravated assault, where he punched victim in the jaw, knocked him unconscious and broke his jaw, because minor's behavior preceding the attack and the force of the blow combined with the sneak attack sufficiently raised an inference that minor acted recklessly and manifested extreme indifference to the value of human life. Affirmed.

  • In the Matter of M.P.

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0266

    Parent's failure to file separate notices of appeal when challenging both an involuntary termination of parental rights and a change in permanency goal required quashal of appeal. Appeal quashed.

  • Vaccaro v. Vaccaro

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0223

    The court granted mother's motion to modify custody after she demonstrated that she successfully addressed her mental health issues. A shared custody arrangement was in the best interests of the parties' children.

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    Authors: William T. Lifland

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  • In the Interest of S.U.

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0272

    Juvenile court properly refused to delay child's dependency hearing to conduct an in-person colloquy of father's right to counsel because father was given proper notice of the hearing and of his right to counsel but failed to attend the hearing or apply for counsel. Affirmed.

  • J.L. v. A.L.

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0277

    Trial court properly declined to apply the presumption of paternity in father's action to establish paternity and for genetic testing where mother told father she was separated from husband during her year-long affair with father, told father she wanted a future with him and child, had her own apartment and child was held out as father's child to doctors and father's friends and family because the evidence failed to support mother's and husband's assertion of an intact marriage. Affirmed.

  • Courtney v. Courtney

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0271

    Trial court erroneously awarded counsel fees for a bad faith filing of a temporary PFA petition where the failure to prove the allegations of the petition did not, by itself, amount to bad faith and where the lack of a hearing meant there was no record support to find bad faith. Order of the trial court reversed.

  • H.Z. v. M.B.

    Publication Date: 2019-02-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0208

    Trial court erred in finding that appellant was child's father where there were several allegedly inconsistent genetic tests and trial court made its ruling after continuing the hearing because entering an order before hearing all of the evidence was an abuse of discretion. Va-cated.

  • In re Adoption of C.J.A.

    Publication Date: 2019-02-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0205

    Orphans' court correctly denied mother's petition to involuntarily terminate father's parental rights because the adoption act required a court to focus on the six months preceding the filing of the involuntary termination petition and the record was clear that, in that time, father did everything in his power to reestablish a relationship with the child. Affirmed.