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:
Custody
Can Divorcing Families Afford The “Sporting Life?”
By Mark Ashton on
The September 7 issue of TIME Magazine features our obsession with childhood sports. The statistics tell the story. In 2005, school age children played sports at a combined cost of about $8 billion per annum. Today that number is about $15 billion, almost double. And, during this same period there was no increase in the…
I’m Not a Bad Parent but I Play One on YouTube
By Aaron Weems on
While Alex Jones was the most recent high-profile example of a controversial public persona creating very personal and private problems, he is certainly not alone. Similar in theme, but not in execution is the case of the Michael and Heather Martin who are described as “YouTube stars” and post to a channel with over 760,000 …
The Other Defendant: The Impact of Public Persona in a Custody Trial
By Aaron Weems on
Posted in Custody, Practice Issues
Child custody cases turn on the court’s determination of the child’s best interests. As defined in Pennsylvania, this means having the judge apply evidence to Pennsylvania’s sixteen (16) custody factors and render a decision. Evidence for a trial can come in a variety of ways and, with increasing frequency, the role of social media and…
Custody Standing Wars- Chapter 2
By Mark Ashton on
The leading case from last year in family law was the Supreme Court’s decision in D.P. v. G.J.P. 146 A.3d 204, holding that Pennsylvania’s grandparent custody statute offended principles of privacy and was partially if not wholly unconstitutional.
This was an odd turn, in an age when it seemed as if more and more people…
Custodial Ménage A Trois
By Mark Ashton on
This week we see a new case from a trial court on Long Island, which held that folks who adopt an open marriage that produces children might find the custody courtroom doors open when parts of the relationship have closed.
Follow along carefully. It is a bit more “complicated” than you might expect. Dawn and…
The Custody Case Where Everything Went Wrong.
By Mark Ashton on
Last Fall brought us a decision from the Supreme Court of Pennsylvania holding that a grandparent did not have standing to terminate a Father’s parental rights incident to an adoption. Last week brought us a Superior Court case in which the appeal comes from a Mother and her own Father in a custody case involving…
Listening to Your Kids During Traumatic Times
By Mark Ashton on
There are times when two conversations with two wholly separate individuals causes a person to distill some interesting new thoughts. Earlier this month I had lunch with a woman who has long run the intake program for the Domestic Relations Office in Chester County. We were discussing the triumphs and tragedies associated with the daily…
SCHOOL DAZE: How School Rankings Impact Custody
By Mark Ashton on
Posted in Custody, Practice Issues
Last week Newsweek published its annual rankings of America’s Top High Schools. This is a much awaited publication for those with children of that age and it is undoubtedly well circulated in the admissions offices of our colleges and universities.
These compilations also commonly hit the family lawyer’s desk whenever there is a hot dispute…
See The Relocation Undone
By Mark Ashton on
Posted in Custody, Practice Issues
An interesting and, yes, published relocation case was decided by the Superior Court on June 15. D.K.D. v. A.L.C. 2016 Pa. Super 123 involved custody of a child, age 8, who suffers from Pervasive Personality Disorder. The parents separated shortly after the birth of L.D. They were not divorced until 2015.
L.D. showed signs of…