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
Custody
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…
“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…
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:…
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…