It is always a good idea to keep an eye on other jurisdictions for how they deal with novel or emerging issues. One issue recently considered was the use of non-disparagement orders to prevent parties from criticizing each other in public, in front of their children, and to third parties. It is a fairly common
Aaron Weems
CARES Act Check Garnished if Child Support Owed
By Aaron Weems on
Pennsylvania has a host of ways to recover delinquent child support ranging from seizure of bank accounts, gambling winnings, personal injury awards, and the sale proceeds of a home, to intercepting tax refunds, suspending professional, occupational, or recreational licenses. The worst or most consistent offenders will also be thrown in jail.
Update: Florida Case Highlights Coronavirus Custody Order’s Impact on an Essential Employee
By Aaron Weems on
Posted in Coronavirus, Custody
We’re written about the impact that the coronavirus has had on custody cases and the limited availability of the court’s during this time. A recent story from Florida highlights the impact the virus has on “routine” custody cases where a party is employed as an essential employee and in a high risk environment. In…
Child Custody and the Coronavirus
By Aaron Weems on
Posted in Custody
Last week when I began to consider the impact the coronavirus would have on custody schedules, I was focused on people having different perspectives of how to address the outbreak relative to their children’s day-to-day lives. I imagined there would be some people who wanted to be conservative and hold the children out of school,…
“No One Celebrates Thanksgiving Breakfast”
By Aaron Weems on
That comment was once delivered to me across a crowed lobby during a negotiation for the upcoming holiday. My client had proposed that the other parent have custody Thanksgiving morning until the afternoon. It was an attempt at compromise over a last minute demand by the other side to allow one of the parties two…
Mandatory “Our Children First” Custody Seminar Temporarily Suspended by in Montgomery County
By Aaron Weems on
Posted in Custody, Practice Issues
Montgomery County is making major revisions to its custody procedure, including an overhaul of the “Our Children First” parenting seminar. This seminar is a requirement under Local Rule of Civil Procedure 1915.3* and mandatory for parties in custody cases. Effective today, the Court has temporarily suspended that Local Rule and the Court Administrator’s Office will…
Judge Responsible for First Federal Decision Attacking Defense of Marriage Act Dies
By Aaron Weems on
Posted in Same Sex Marriage
Though the point of this blog is to talk about recent developments in the area of family law, we would be bereft if we didn’t take a moment to recognize the life of U.S. District Judge Joseph L. Tauro of the District of Massachusetts. He passed away on Friday at 87 years old.
Judge…
Pennsylvania Supreme Court Reintroduces Custody Coordinators
By Aaron Weems on
Posted in Custody, General PA Family Law News & Updates
After a five-year hiatus due to a ruling that effectively undercut the viability of custody coordination, the Pennsylvania Supreme Court has reintroduced custody coordination by Rule effective March 1, 2019. In the intervening five years, the Supreme Court (who promulgates the rules) in conjunction with the Domestic Relations Procedural Rules Committee (of which Judge Daniel…
Medical (or not) Marijuana’s Impact on Custody Cases
By Aaron Weems on
Posted in Custody
Pennsylvania uses the standard “the best interests of the child” when determining custody issues. What happens if the best interest of the child breaks the law? Such is the case in Georgia where parents of a 15 year old boy suffering from epilepsy resorted to marijuana to treat his seizures. Their argument is compelling:…
Football Injuries Give Rise to Legal Custody Questions
By Aaron Weems on
Posted in Custody
My colleague, Mark Ashton, was recently quoted in Mr. Ken Belson’s New York Times article addressing a Pittsburgh custody case grappling with whether a child should play football after having had three concussions before his 16th birthday. As Mark points out in the article, custody officers are unwilling to touch an issue such as…