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The Legal Intelligencer

A Child's Voice Will Be Heard in Parental Termination Hearing

As attorneys who represented amici in the recent Pennsylvania Supreme Court case In re L.B.M., we write to respond to the June 26, public interest ­column describing the Pennsylvania Supreme Court's decision in that case, ("Providing a Voice for the Child in Court"). With respect for our colleagues at the Support Center for Child Advocates, we believe that this column understates both the breadth and the clarity of the court's holding in that case.
4 minute read

New York Law Journal

Matter of S.G. v. B.G.

Husband's Failure to Prove Inability to Pay Child Support Constituted Willfulness
3 minute read

New York Law Journal

Matter of S.G. v. B.G.

Claim Untimely Under Savings Statute; Assignment Meant Plaintiff a Different Party
3 minute read

New York Law Journal

Identifying Bias in Custody Evaluations

Matrimonial Practice columnist Timothy M. Tippins writes: Justice Potter Stewart famously quipped that although he could not define pornography, "I know it when I see it." Bias presents the opposite problem. It can be readily defined but you do not necessarily know it when you see it. Given that custody evaluators are as susceptible to bias as anyone else and because bias can destroy the reliability of their conclusions, it is imperative that lawyers and judges be able to recognize its telltale signs.
19 minute read

The Recorder

In re Luis H.

C.A. 2nd; B276237 The Second Appellate District affirmed a judgment. The court held that two brothers failed to establish that the dependency court erred…
2 minute read

The Recorder

Direct Capital Corporation v. Brooks

C.A. 3rd; C081349 The Third Appellate District affirmed a judgment. In the published portion of its opinion, the court held that a husband was liable…
4 minute read

The Legal Intelligencer

Weber v. Weber, PICS Case No. 17-1266 (Pa. Super. Aug. 11, 2017) Strassburger, J. (11 pages).

Trial court erred in finding that son lacked standing to enforce a provision of his parents' marital settlement agreement that provided for payment of college tuition because the trial court was wrong to raise the issue of standing sua sponte, the son had previously been granted permission to intervene in an action over the same provision and thus, had standing and son had standing as a third-party beneficiary of the agreement. Order vacated.
3 minute read

The Legal Intelligencer

N.A.M. v. M.P.W., PICS Case No. 17-1299 (Pa. Super. Aug. 7, 2017) Ford Elliott, P.J. (12 pages).

Trial court correctly held that mother was in contempt of the court's order but erred in not imposing sanctions for mother's repeated, flagrant and ongoing contempt of orders related to child custody because no sanctions for flagrant abuse of court orders was an a abuse of discretion and father could challenge the order as a collateral order. Reversed in part and affirmed in part.
4 minute read

The Legal Intelligencer

Feight v. LaBruno, PICS Case No. 17-1304 (C.P. Berks Aug. 22, 2017) Lash, J. (28 pages).

Where the parents had a history of poor communication, primary physical custody of the child was awarded to mother who had a more flexible schedule.
6 minute read

The Legal Intelligencer

Bennett v. Bennett, PICS Case No. 17-1287 (Pa. Super. Aug. 4, 2017) Bowes, J. (19 pages).

The trial court erred in holding that wife could negate a recital affirming her knowledge of the parties' marital estate based on her subsequent assertion that she did not know the full extent of the martial assets when she executed a property settlement agreement. The court reversed a trial court order imposing a constructive trust.
6 minute read

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