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Category Archives: Custody

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The Do It Yourself Syndrome

Posted in Custody, Divorce, Practice Issues

There was a time not so long ago when clients would unload their domestic troubles on lawyers like a cord of rotted wood. They might take care in shopping for the right fit in terms of who would represent them. But once the selection was made, the answer was “Let the lawyer do it.” That’s… Continue Reading

Paternity Wars: M.L. v. J.G.M, 2016 Pa. Super. 1

Posted in Custody, Support

We live in interesting times. We have recently reported on significant cases discussing who has legal standing to seek custody of a child and whether that “standing” comes with a child support obligation.  But one bedrock that has been around for a while is what is called the presumption that a husband is father unless… Continue Reading

How to Ruin Your Custody Case – Rob a Bank With Kids in Tow

Posted in Custody

  Back in December an interesting news report appeared out of Arkansas involving two Pennsylvania brothers who robbed a bank in Arkansas while their companion waited in the getaway car with her two children. What happened next was an excellent example of how the Uniform Child Custody Jurisdiction and Enforcement Act can operate to expeditiously… Continue Reading

Superior Court Rules Against TV Personality & Affirms Reproductive Contracts

Posted in Custody, Practice Issues

My partner in Philadelphia, Julia Swain, recently published an article in the Philadelphia Bar Association Reporter (Page 15) addressing the case of television personality Sherri Shepherd and her attempts to invalidate a surrogacy contract between her, her husband, and their gestational carrier. This was a case of first impression for Pennsylvania courts, pitting Shepherd’s estranged husband, Lamar… Continue Reading

International Custody Disputes

Posted in Custody

Thanks to our partner, Leslie Spoltore, in Delaware, we have a consolidated blog entry for our previous articles on international custody. The Hague Conventions on child custody can be difficult to navigate and we are fortunate to have attorneys with experience dealing with them. It is important to remember that travel to a signatory county… Continue Reading

Mother Jailed for Kidnapping Daughter

Posted in Custody

A New Hampshire mother will serve 10 months in county jail after pleading guilty to custodial interference stemming from her removal of her daughter from the county in 2004. At the time, Genevieve Kelley had accused the child’s biological father of sexually abusing the child. Kelley’s husband was sentenced to five months in county jail… Continue Reading

Delaware Passes Children’s Bill of Rights

Posted in Child Abuse, Custody

Leslie Spoltore in our Wilmington office recently wrote about Delaware’s passing a children’s “Bill of Rights” into law.  This law specifically addressed what children are to receive while under the care of the Department of Services for Children, Youth, and Their Families.  I suspect that many of these rights already exist in whole or part… Continue Reading

16 Ways to Better Manage Custody Cases

Posted in Custody

I try not to become angry with clients; recognizing that they are in the middle of family law litigation.  But there are times when a client will insist that they know best “what the court will do”.  That can be a frustrating experience. I had this occur with a client on Friday yet with a… Continue Reading

MUST COURTS DECIDE EVERYTHING?

Posted in Custody, Divorce

Today a news outlet called NJ.com reported a recent 37 page decision by a New Jersey trial court adjudicating the question of whether a Father had legal authority to stop the mother of his eleven year old daughter  from taking the child to a concert by the singer-songwriter Alecia Beth Moore. Ms. Moore is known… Continue Reading

AN HOUR ON THE TEENAGE BRAIN

Posted in Custody, Divorce, Practice Issues

The January 28 edition of Terry Gross’ Fresh Air distributed by National Public Radio featured an interview with the chair of the University of Pennsylvania Neurology Department, Frances Jensen.  The subject was a relatively in depth discussion of the teenage brain. At one level a lot of this is news that has been available. The… Continue Reading

SUPERIOR COURT AFFIRMS THAT MASTER’S RECOMMENDATION IS STILL JUST A RECOMMENDATION

Posted in Custody, Equitable Distribution, Practice Issues

The process of equitable distribution is multi-stage, often involving one or more conferences with a “master” specifically assigned to the case and who is an expert in equitable distribution. The master develops a recommendation which can be accepted by the parties; negotiated further, or; rejected outright by one or both parties who take exception to… Continue Reading

HAPPY NEW YEAR – LET’S TALK SUMMER VACATION

Posted in Custody, Divorce, Practice Issues, Support

Discussing “how to survive the holidays” during the holidays is a pretty standard article for people to write. For many clients, such articles allow for self-reflection on how they approach the holidays and their interaction with their ex-spouse; or it helps build some confidence that they will manage the uncomfortable situations which arise around extended… Continue Reading

BEST INTERESTS OF CHILDREN OUTWEIGH PARENTS EFFORTS AT REUNIFICATION

Posted in Adoption, Child Abuse, Custody

We’ve written about the process of terminating a parent’s custodial rights to their child an different cases presenting unique and unusual circumstances. In some instances, the process is almost rote due to parental ambivalence to the situation; the parent has made no real effort to be a parent to the child and allows the process… Continue Reading