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Superior Court Further Refines Standing in Child Custody Cases

Under Pennsylvania's child custody statute, 23 Pa.C.S., there are two sections that pertain to standing in order for individuals to bring an action for child custody. Section 5324 provides three categories of individuals who may bring an action for any form of physical or legal custody. The three categories are: (1) a parent of the child; (2) a p...

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Analysis of Child Custody Factors in Awards on Subsidiary Issues

In the years following the enactment of the new Child Custody Act in Pennsylvania, attorneys and the bench set sail on uncharted waters. Family law attorneys waited anxiously to read appellate court decisions published following the enactment of the act for guidance as to its interpretation and application. It has been an interesting journey since ...

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Owning Your Seat at the Table as a Woman of Color

Diversity discussions have led to critical assessments of the landscape of the legal profession along race and gender lines. However, very little time is devoted to the important discussion of the role of women of color, who are impacted by the unique intersection of race and gender. While books like "Lean In" and "Nice Girls Don't Get The Corner...

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Forced Sex During Marriage Warrants PFA Order, Court Rules

In Pennsylvania, the Protection From Abuse Act exists to prevent and protect  individuals from abuse. The Protection From Abuse Act is commonly referred to as  the PFA Act. Orders obtained under the PFA Act are regularly referred to as PFAs  and/or PFA orders. "Abuse" is defined, in part, under the PFA Act as follows: "The occurrenc...

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Popping The Question: How To Propose A Prenuptial Agreement To Your Partner

For those who’ve kept up with the Kardashians, you’re aware that there’s trouble in “Khlodom” (i.e. the marriage between reality-TV star Khloe Kardashian and her basketball playing hubby, Lamar Odom). On Friday, December 13, 2013 Khloe filed for divorce, citing irreconcilable differences as the reason for the split. Fo...

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Monthly Disability Payments Not Considered Marital Property

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury claim, lottery winnings, or workers' compensation that arose during marriage but received after separation should be considered m...

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Doctrine of Paternity by Estoppel and Child Custody

The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's mother has ended or to preclude a mother "who held one man out as her child's father from seeking support from another man" at a ...

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David L. Ladov and Robert I Whitelaw interviewed by Divorce Magazine

David L. Ladov and Robert I Whitelaw were interviewed by Divorce Magazine as a part of their teleseminar program. Click here to listen to the teleseminar.

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Highlighting the Revisions to the Child Custody Rules

In January 2011, the new custody act became effective and changed the landscape of child custody in Pennsylvania. However, the Rules of Civil Procedure pertaining to child custody tracked the custody statutes previously in effect and created inconsistency. The much anticipated revised custody rules were promulgated and became effective September 3....

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Child Relocation Decisions to Be Explained Near Time of Ruling

The evolution of the courts’ application of the new child custody statute continues at a consistent pace. A recurring issue that has been addressed by the Pennsylvania Superior Court pertains to the requirement of the trial court to provide the reasons for its decisions in custody cases on the record in open court or in a written opinion or o...

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