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  • In re AL

    Publication Date: 2023-02-20
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-6812

    The court granted a petition for involuntary termination of parental rights in a matter involving a 13-month-old child where the parent failed to consistently visit child and make progress towards her court-ordered reunification plan. The court noted that termination was proper under 23 Pa.C.S. §2511(a)(1) due to the parent's failure to perform parental duties and the mother's inability to remediate her mental health struggles under §2511(a)(2).

  • Smiley v. Smiley

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12035 of 2009, C.A.

    While mother had been the primary caregiver of the parties' two sons, the factors set forth in §5328(a) of the Pennsylvania Custody Act, including the children's preferences and father's inclination to foster an amiable relationship with mother, persuaded the court that father should have primary physical custody. The court recommended affirmance.

  • Denelle v. Denelle

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10699 OF 2019, C.A.

    The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.

  • In re: Adoption of A.M.W.

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2021

    The trial court applied the wrong standard in evaluating former stepfather's asserted in loco parentis status for purposes of standing in an adoption proceeding, as precedent required the court to consider whether he had a genuine and substantial interest in formalizing a permanent parental relationship with the adoptee-child, which surpassed the interest of ordinary, unrelated strangers. The appellate court vacated and remanded.

  • In re Adoption of K.E.G.

    Publication Date: 2023-01-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1088 MDA 2022

    Mother appealed denial of her petition to terminate father's parental rights and court found trial court's failure to appoint an attorney to represent child's legal interests constituted structural error. Vacated and remanded.

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  • V.L.-P. v S.R.D.

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 477 MDA 2022

    Trial court erred in denying appellant's petition for genetic testing of child to show paternity and court found appellant put forth sufficient evidence of fraud by mother that he was entitled to genetic testing to prove child's paternity. Vacated and remanded in part.

  • In re: AH & DH

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-6806

    Petitioners demonstrated that mother had relinquished her custodial rights to her two minor children in 2015, when she last had any in-person contact with the children, and that she had failed or refused to perform her parental duties for a period well in excess of six months. The court granted the petition for involuntary termination of mother's parental rights.

  • In the Interest of K.L.

    Publication Date: 2022-12-19
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1552 EDA 2022

    Appellant challenged juvenile court's issuance of a stay-away order in action relating to child's adoption and court found juvenile court denied appellant the opportunity to be heard before issuing the order and denied his due process rights. Vacated.

  • DeRosa v. Gordon

    Publication Date: 2022-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1121 EDA 2022

    The trial court did not err in finding that the presumption of paternity did not apply since mother's marriage to husband was no longer in intact and that paternity by estoppel did not apply given the married couple's "swinger" lifestyle and the putative father's regular involvement with the child. The appellate court affirmed.

  • In re JRK

    Publication Date: 2022-11-14
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-6813

    Court granted petition to terminate parental rights finding that there was clear and convincing evidence to terminate under §2511(a)(1) because respondent had both relinquished his parental claims by failing and had failed to visit with the child for approximately 16 months.