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Publication Date: 2018-07-17
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0831
Trial court erred in refusing to appoint a separate guardian ad litem, in case where attorney was both child's attorney and GAL, because 16 year-old child and GAL had diametrically opposed positions on child's placement and the divergent opinions constituted a conflict. Reversed.
Publication Date: 2018-07-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0810
Trial court properly dismissed husband's complaint seeking to recuse the entire Butler County bench and asserting RICO, abuse of process and wrongful use of civil proceedings against wife and her attorneys. Affirmed.
Publication Date: 2018-07-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0774
While father demonstrated love for his three children, the record established that he failed to perform his parental duties for a period of at least six months immediately preceding the filing of a petition to terminate parental rights during father's incarceration and concurrent lack of effort to contact or care for the children. The court granted a petition to involuntarily terminate father's parental rights.
Publication Date: 2018-07-10
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0767
Courts obligated to consider reasonable needs of children in determining support obligations in high-income cases. Order of the superior court vacated, case remanded.
Publication Date: 2018-07-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0794
Trial court properly terminated father's parental rights because Department of Human Services presented clear and convincing evidence for termination under §§2511(a)(1), (2), (5) and (8) where the record supported the factual findings that father did not have the capacity to parent the child and that termination was in the child's best interests. Affirmed.
Law Journal Press | Digital Book
Authors: George J. Kenny, Frank A. Lattal
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Publication Date: 2018-07-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0795
Trial court abused its discretion in changing child's placement goal to adoption and in involuntarily terminating father's parental rights because the goal change occurred when child had been in placement less than the statutory 15-22 months and omitted any findings as to father's compliance and testimony demonstrated that the causes of father's parental incapacity could be removed. Vacated and remanded.
Publication Date: 2018-06-26
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0764
Trial court abused its discretion in ordering children to remain enrolled in a school district where neither parent lived and ordering the parties to pay the resulting tuition because neither parent requested or expected that result when mother filed a relocation petition and the trial court made little inquiry into the parties' financial situations. Vacated and remanded.
Publication Date: 2018-06-19
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carpenter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0731
Plaintiff failed to establish that the attorney for her former husband in a divorce proceeding engaged in conduct which constituted an abuse of process. The trial court properly entered a directed verdict against plaintiff.
Publication Date: 2018-06-12
Practice Area: Family Law
Industry: Accounting
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Herron
Attorneys: For plaintiff:
for defendant:
Case Number: 18-06780
The court permanently removed accountant Gloria Byars as guardian of the estates of two elderly persons where she engaged in self-dealing and breached her fiduciary duties and imposed a surcharge for her misconduct, while also warning the Philadelphia Corporation for Aging to conduct due diligence before nominating guardians to protect the elderly and incapacitated. The court sustained objector's objections.
Publication Date: 2018-06-12
Practice Area: Civil Procedure | Family Law
Industry: Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0672
Pennsylvania Rule of Professional Conduct 1.11(c) did not disqualify wife's attorney in this divorce action, though counsel was involved in the prosecution of the defendant husband during her prior work for a district attorney's office, because the two matters were not substantially similar. The court denied defendant's motion to disqualify plaintiff's attorney.
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