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Court Examines the Impact of Retirement in Alimony Termination Case

Alimony is a post-divorce remedy that consists of a monthly payment from one spouse to the other that begins upon the entry of a divorce decree. If alimony is being paid pursuant to a provision in the parties’ property settlement agreement that is thereafter incorporated but not merged with the divorce decree divorcing the parties, the alimony pa...

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Take Three: In Loco Parentis Revisited for Third Time in a Year

In what is becoming one of the hottest topics in Pennsylvania Child Custody Law, in loco parentis took center stage before the Superior Court in the recent case of MJS v. BB v. BB, ___ A.3d ___, 2017 Pa. Super 327 (Oct. 17). This case is one of three cases to address in loco parentis status by a litigant in a child custody case recently. The r...

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Take Three: In Loco Parentis Revisited for Third Time in a Year

In what is becoming one of the hottest topics in Pennsylvania Child Custody Law, in loco parentis took center stage before the Superior Court in the recent case of MJS v. BB v. BB, ___ A.3d ___, 2017 Pa. Super 327 (Oct. 17). This case is one of three cases to address in loco parentis status by a litigant in a child custody case recently. The r...

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Same-Sex Partner Not Found a Parent and Not Found In Loco Parentis

With the evolution of same-sex marriage, the concerning issues that existed between same-sex couples in custody matters appeared to dissipate. However, in the recent case of C.G. v. J.H., the issue of standing in a child custody matter between same-sex partners has resurfaced and the result thereof has caused some concern. The recent case of C.G....

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Failure to Disclose and Constructive Trust in Divorce

For many family law practitioners, 23 Pa.C.S. Section 3505(d) is a safety blanket protecting their clients in situations where a party fails to disclose information regarding an asset or assets with a fair market value of $1,000.00 or more which results in that asset or assets being omitted from the final distribution of property in a divorce matte...

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Child Custody, Relocation, Contempt and Modification

Two of the most talked about ­issues among family law practitioners and the bench are child relocation cases and whether custody orders may be ­modified at contempt hearings. I've written numerous times on these issues. Over the years, there have been multiple cases from the state Superior Court that address these issues. Every so often, a case c...

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Support Order Based on Evidence Outside of Record Vacated

Within the last five years, the issue of evidence outside of the record being considered by the trial court was raised in an appeal from a custody order in CMP v. MP, 54 A.3 950 (Pa. Super. 212)). Recently, the case of Johnson v. Johnson, 153 A.3 318 (Pa. Super. 2016), was decided and the vacating and remanding of the order was based on a similar...

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In Loco Parentis Status Should Start With Consent

The recent case of K.W. v. S.L. and M.L. v. G.G., 2017 Pa. Super. 56 (March 6), addresses two important issues for family court practitioners and the bench to take note. First, it addresses the collateral order doctrine and then the issue of in loco parentis standing in child custody matters. In family law cases, practitioners and ­litigants are ...

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Jurisdiction and Modifying Child Custody Orders

In Pennsylvania, jurisdiction in child custody cases is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Jurisdiction in child custody cases is an issue that arises often and has been seen numerous times in appellate decisions. The recent case of B.L. v. T.B. , __ A.3d __, 2016 Pa. Super 284 (Dec. 13, 2016), is the t...

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Thomas Roberto Authors New Jersey Family Lawyer Article

Thomas Roberto authored “Parenting Coordination in New Jersey: The Surprisingly Nebulous Task of Removing a Parenting Coordinator” in the New Jersey Bar Association’s New Jersey Family Lawyer Vol. 37, No. 4 - February 2017 (see p. 19).  Click HERE to read the article.

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