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  • VAO v. CB

    Publication Date: 2020-04-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0217

    A party was not entitled to amend orders entered by a consent agreement under the Protection from Abuse Act, because he failed to allege fraud or mutual mistake.

  • Board of Trustees of the Greater Pennsylvania Carpenters' Med. Plan v. Schwartzmiller

    Publication Date: 2020-04-06
    Practice Area: Family Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Barry Fischer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0361

    In this action brought under the Employment Retirement Income Security Act, the defendant wife met her burden of demonstrating that she and the defendant husband, whose testimony was less credible than wife's, had entered a common law remarriage in October 1993. The court found a valid common law marriage.

  • In re: C.B.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0337

    The trial court did not err in holding that the evidence of pending criminal charges against mother arising from an incident of alleged child abuse, in itself, did not justify termination of her parental rights under either 23 Pa.C.S. §§2511(a)(5) or 2511(a)(8). The appellate court affirmed.

  • In the Interest of D.N.G.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0344

    Trial court erred in terminating parent's rights where child was afforded ineffective assistance of counsel and where child expressed opposition to adoption, which was also opposed by the GAL. Order of the trial court affirmed, decree terminating parental rights vacated, case remanded.

  • Brooks v. Brooks

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0338

    While the parties' marital settlement agreement constrained husband's authority to use funds from qualified tuition plans established under 26 U.S.C. §529 for anything other than educational expenses, husband had authority to continue using his best judgment to address the children's ongoing educational needs and did not breach the MSA in managing those funds. The appellate court dismissed wife's appeal.

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  • In the Interest of M.Y.C.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0348

    Trial court properly found child was dependent because she was without proper parental care or control and mother's due process rights were not denied when trial court held dependency hearing 30 days after child was placed in protective custody. Affirmed.

  • K.R.R. v. M.MR.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0249

    Through her dual roles as foster care parent and concerned and involved relative to the minor child, plaintiff clearly and convincingly demonstrated a sustained, substantial and sincere interest in the child sufficient to establish in loco parentis standing. The trial court recommended affirmance.

  • In re: Adoption of CDS

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Reynolds McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0206

    The court terminated father's parental rights because he failed to perform parental duties for at least six months prior to the filing of the petition, and termination did not destroy an existing bond between father and child.

  • In the Interest of S.C.

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0325

    Mother appealed the finding that she committed child abuse and court found that by returning child to stepfather's care despite safety plan that had been explained to mother after stepfather was accused of child sexual abuse, mother created a reasonable likelihood that the sexual abuse would continue and mother committed child abuse. Affirmed.

  • In re: Adoption of SJB

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Reynolds McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0207

    The statutory grounds for the involuntary termination of father's parental rights under 23 Pa.C.S. §2511(a)(6) were satisfied where the record demonstrated that he made no effort to maintain substantial and continuing contact with his child or to financially support the child in any way. The court granted a petition for involuntary termination of father's parental rights