For quite some time now lawyers interviewing clients about a desire to move out of state with their children have had to present some grim news. The weight of authority
Continue Reading CUSTODY & RELOCATION: A Non Precedential Crack in the Door
Custody
Family Law Litigation in Pennsylvania; What Hath Covid Wrought?
By Mark Ashton on
We try to keep track of trends in family law. 2020 was, for many reasons, an unusual year. But some trends are continuing when we reviewed the statistical survey published…
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IN CUSTODY MATTERS MIND YOUR “PARTY” MANNERS
By Mark Ashton on
The Superior Court decision this week in Jacoby v. Jacoby is non-precedential but borrows heavily from a 2011 precedential decision in an Orphans’ Court appeal, In re Estate of Brown. …
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Vaccine Wars Round 2: Are These Claims Justiciable?
By Mark Ashton on
Mark R. Ashton (Boosted)
In October there was a local case where parents were in conflict over vaccination of an incapacitated adult child. In that case, Matter of A.C.G., after…
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WHEN TAKING YOUR KID IS A CRIME
By Mark Ashton on
We live in some extraordinary times; ones where citizens seem to think that they can or sometimes must take the law into their own hands. The idea that a parent…
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THE PARNELL CUSTODY TRIAL When the Reach Exceeds the Grasp
By Mark Ashton on
Child custody trials can be interesting; alas, not as riveting as the clients seem to think. The Parnell trial pitted an ex Army ranger turned novelist/ U.S. Senate candidate against…
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The Kiddie Hearsay Statute: Not Just for Criminal Lawyers
By Mark Ashton on
In 1989 the Pennsylvania General Assembly adopted an oddly named law of evidence titled: “Admissibility of Certain Statements.” The thrust of the statute is that under limited circumstances, if a…
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VACCINATION WARS GO TO CUSTODY COURT
By Mark Ashton on
Mark R. Ashton (vaccinated)
This week both the Washington Post and the Chicago Sun-Times reported on a case in Chicago where a court decided whether a parent who was unvaccinated…
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A CUSTODY CASE IS NOT A PLACE TO GET RECORDS FROM PROCEEDINGS UNDER THE MENTAL HEALTH PROCEDURES ACT [MHPA]
By Mark Ashton on
On May 26, the Superior Court issued an en banc ruling addressing whether a Court can order a child custody litigant to turn over records of her treatment compiled in…
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DOES GRANDPA OWE SUPPORT?
By Mark Ashton on
As we have all witnessed, ours is an age when grandparent duties transcend “Saturday” night. Historically, Saturday was grandparent night when parents would have their night out. Sadly, the explosion…
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