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Publication Date: 2022-11-07
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 1 EAP 2022
Trial court applied an incorrect analysis to appellant's petition to intervene in an adoption based on his in loco parentis status and the correct standard reviewed whether a non-foster-parent third party had a substantial and genuine interest in formalizing a permanent parental relationship with child and an individual's previously held in loco parentis status might demonstrate that interest. Reversed.
Publication Date: 2022-10-31
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1003 WDA 2021
Attorney, who allegedly represented an allegedly incapacitated person, appealed the striking of his appearance and court found orphans' court did not hold a hearing or render findings, failed to consider a less restrictive alternative to guardianship and the petitions and orders did not comply with orphans' court rules. Vacated and remanded.
Publication Date: 2022-10-31
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 128 WDA 2022
Trial court did not abuse its discretion in granting grandmother unsupervised partial custody of her grandchild and thoroughly considered the amount of personal contact between grandmother and grandchild prior to modification action and reserved to mother the right to determine how best to tell child the truth about his parentage. Affirmed.
Publication Date: 2022-10-31
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge McCaffery
Attorneys: For plaintiff:
for defendant:
Case Number: 959 EDA 2022
Parent violated gag order provision of custody order prohibiting use of extra-territorial PFA order by referencing it in PFA petition seeking to domesticate the extra-territorial order for purposes of interfering with co-parent's custody rights.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 202300986
While wife's income had increased since the time the parties entered into a property settlement agreement, husband was not entitled to a reduction in his alimony obligation to wife because he failed to establish any basis for such relief under the terms of the settlement agreement. The court recommended affirmance.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carson County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 15-1186
The court denied an appeal from the court's decision to award attorneys' fees and costs pursuant to 23 Pa.C.S.A. §5339 on the basis that appellant had acted in bad faith in requesting a psychological evaluation that they later abandoned. The court agreed to grant appellee associated costs in defending the request and disagreed with appellant's argument that fees could only be awarded under §5339 in instances where a party is found in contempt of court.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0698
The decision to award wife 70 percent of the marital portion of husband's pension conflicted with Pennsylvania law as the hearing officer failed to recognize the inclusion of husband's pension income for a child support calculation in awarding a division of those pension payments. The court of common pleas recommended affirmance.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 6635
Court denied petitioner's request to terminate the biological father's parental rights due to his absence in the minor's life while he was incarcerated. Specifically, the court found termination was not warranted under §2511(a)(1) because father did attempt to modify his visitation orders during the six-month period but was unable to do so due to court delays. The court further found termination was not appropriate under §2511(a)(2) because father was not incapacitated to the point of no remediable efforts.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 81 WDA 2022
Trial court properly granted parent's petition to obtain COVID-19 vaccination over co-parent's objection, after finding vaccination to be in child's best interests based upon medical expert's testimony that was based on review of child's medical records and recommendations from her pediatrician. Order of the trial court affirmed.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: AD-2021-6774
Where mother was content to have someone else be responsible for attending to her children's physical, mental and emotional needs, she had evidenced a settled purpose of relinquishing her parental claims and had failed to perform her parental duties for a period of at least six months. The court granted a petition for involuntary termination of parental rights.
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