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Publication Date: 2019-01-29
Practice Area: Administrative Law | Family Law
Industry: Health Care | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0052
The court rejected a youth service agency's argument that mother, who went into a coma while pregnant due to pre-eclampsia, committed child abuse by failing to obtain proper prenatal care and, thus, found that her minor daughter was not dependent. The court denied the agency's dependency petition.
Publication Date: 2019-01-29
Practice Area: Civil Procedure | Evidence | Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0085
Trial court erred in denying mother opportunity to call witnesses to rebut presumption that mother was the perpetrator of child abuse that caused injuries that would not have occurred but for mother's acts or omissions. Order of the trial court reversed, case remanded.
Publication Date: 2019-01-22
Practice Area: Civil Procedure | Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0059
Trial court lacked jurisdiction to enter a reconsidered child support order when the order granting reconsideration was received by the prothonotary within the 30-day appeal period and the trial court failed to either issue a reconsidered decision or order additional testimony within 120 days of the receipt of the order by the prothonotary. Order of the trial court vacated.
Publication Date: 2019-01-22
Practice Area: Administrative Law | Family Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0056
Reconciling two applicable standards, the commonwealth court held that in cases where a child's injuries arise from the administration of corporal punishment, the factfinder must determine whether the force used was "reasonable force" and in so doing, consider whether the parent was criminally negligent in that he disregarded a substantial and unjustifiable risk or deviated from a standard of care that a reasonable person would observe in the situation. The commonwealth court affirmed an order sustaining father's appeal.
Publication Date: 2019-01-15
Practice Area: Family Law | Privacy
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0031
Trial court's gag order preventing second wife and her attorneys from publicly discussing anything that might identify or harm the child in a child custody case was constitutionally permissible since it was narrowly-tailored to advance the substantial governmental interest of safeguarding the child from physical and emotional harm. Affirmed.
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Publication Date: 2019-01-15
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0002
Because the Child Protective Services Law's definition of "child" did not include a fetus or unborn child, a pregnant woman's drug abuse causing injury to the child upon birth did not render her a "perpetrator" of child abuse because there was no "child" at the time of mother's alleged acts of abuse. Order of the superior court reversed.
Publication Date: 2019-01-08
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Berks County
Judge: Judge Lash
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1065
A divorce master did not err in ordering husband to pay wife her share of the marital estate in five installments since requiring husband to liquidate his assets and immediately pay wife a lump sum would impose severe financial hardship upon him. The court overruled wife's exceptions in part.
Publication Date: 2019-01-01
Practice Area: Family Law
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1581
The trial court acted within its discretion in relying on the value of husband's initial contribution to a real estate project, as agreed upon the contributing partners, in evaluating this marital asset and finding that wife was entitled to compensation for her contribution during the pre-separation phase of the project. The appellate court affirmed.
Publication Date: 2018-12-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1557
Orphans' court properly involuntarily terminated mother's parental rights to her children because CYF met its burden of proving that mother's parental rights ought to be terminated and while mother did not waive her challenge to the orphan's court's failure to appoint legal counsel for the children by raising the issue for the first time on appeal, the children's legal interests were adequately represented by the GAL. Affirmed.
Publication Date: 2018-12-25
Practice Area: Family Law | Immigration Law
Industry: Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1562
The Bureau of Immigration Appeals erred in concluding that petitioner was subject to removal due to his Pennsylvania conviction for endangering the welfare of a child because comparing the Pennsylvania statute to the offense of "child abuse" under the Immigration and Nationality Act showed the elements of the two statutes did not match and the statute under which petitioner was convicted did not fit within the definition of "child abuse" under §1227(a)(2)(E)(i) and there was no need to conduct a probability inquiry. Petition granted.
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