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  • In re: IDK

    Publication Date: 2021-10-25
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1156

    Petitioners demonstrated that for at least six months prior to the filing of an involuntary termination petition, father, who was incarcerated on murder charges, had demonstrated a settled purpose to relinquish parental claim to his son and failed to perform his parental duties. The court granted a petition to terminate father's parental rights.

  • In Re MLS

    Publication Date: 2021-10-18
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1061

    The court found that the moving parties, mother and her paramour, established by clear and convincing evidence that father's parental rights should be involuntarily terminated and that the needs of the minor were best served by termination of father's parental rights because father had not had contact with minor in a year.

  • In re: Interest of C.B.

    Publication Date: 2021-10-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1183

    The trial court properly applied the evidentiary presumption in 23 Pa.C.S. §6381(d) of the Child Protective Services Law, which establishes a prima facie case of abuse by persons responsible for a child when abuse occurs, and made a finding of child abuse where neither parent was able to rebut that presumption. The superior court affirmed.

  • C.H.Z. v. A.J.Y.

    Publication Date: 2021-10-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1141

    In calculating child support obligation, trial court did not err in including Social Security survivor's benefit received directly by parent as a caretaker of a child not subject to the order, where the benefit was not required to be used for childcare. Order of the trial court affirmed.

  • Murphy v. Murphy

    Publication Date: 2021-10-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1030

    Plaintiff failed to present clear and convincing evidence that he and defendant executed a prenuptial agreement. Petition denied.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • In the Interest of: D.C.

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1086

    Child sexual assault victim's out-of-court statements were properly admitted under Tender Years Hearsay Act where sufficient evidence supported trial court's determination that the victim's statements were sufficiently reliable and that requiring the victim to testify in court would cause significant mental distress. Order of the trial court affirmed.

  • In the Interest of: A.D.-G.

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1094

    While §6302(1) of the Juvenile Act does not mention sexually violent predator status as a relevant factor in determining whether a child is dependent, the juvenile court did not err in considering father's SVP status since the legislature drafted §6302(1) to encompass the many circumstances that may cause a child to be without proper parental care or control. The superior court affirmed.

  • In re: Sellers

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1032

    Petition for medical evaluation to determine incapacity and appointment of guardian to investigate care and treatment of respondent was denied on its face since petitioner failed to allege inability to manage financial affairs and inability to meet essential requirements for physical health and safety.

  • KRR v. MMR

    Publication Date: 2021-09-13
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0893

    Plaintiff's complaint for custody of minor A.A. was granted where 1) the in loco parentis provision of the Custody Act gave plaintiff standing to seek custody due to the amount of care given by plaintiff to minor, 2) the weight of evidence showed plaintiff first rebutted the presumption favoring natural parents and, second, demonstrated that was in A.A.'s best interests to remain in plaintiff's custody, 3) factual averments of complaint plus judicial notice of dependency hearing was sufficient basis to decide on standing without an ev

  • In re Adoption of K.M.D

    Publication Date: 2021-09-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1027

    Parents challenged the termination of their parental rights and court found agency's email of the petitions to parents constituted defective service where agency did not attempt service under Pa.O.C. rule 15.6 and §2513 (b) of the Adoption Act. Order vacated.