Blogs/Events/Articles/News

Entire Amount of Attorney Fees Request Warranted in Child Support Case

On April 8, 2008, The Legal Intelligencer published my article regarding the Pennsylvania Superior Court case of Krebs v. Krebs (hereafter referred to as Krebs I). Krebs I pertained to retroactively modifying a child support order prior to the filing of a petition to modify a support order. In Krebs I , the Pennsylvania Superior Court remanded the ...

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Court Orders Attorney Fees in Child Custody Contempt Case

The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order. Hopkins v. Byes is a custody case that arose in Erie County, Pa. The relevant facts of the case are as follows: Sonya Byes and Jo...

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Best Interest of Child Paramount in Denial Of Relocation Petition

The recent Pennsylvania Superior Court case of Speck v. Spadafore reiterates that in a child-custody relocation case the best interest of the child is paramount. The Superior Court vacated the trial court's order granting the mother's petition to relocate from York County, near Harrisburg, to Butler County, near Pittsburgh. In Speck, the parties, C...

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Nonbiological Grandparents Granted Standing in Child Custody Case

The recent and important Pennsylvania Supreme Court case of Peters v. Costello has already sparked debates among Pennsylvania family law practitioners. The Peters case is the first of its kind. In the case, the Supreme Court held that nonbiological grandparents who stand in loco parentis to one of the parents of the child with respect to whom they ...

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Finding the Fit - The Controversy Over Custody Evaluations in Child Custody Cases

A hot topic that has often been debated among family law practitioners is the "custody evaluation." The never-ending question of whether a mental health evaluation is appropriate in a child custody case is a popular subject not only among family law practitioners but also among psychologists. It is also an interesting topic for the non-family ...

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Presumption in Favor of Biological Parent In Same-Sex Custody Dispute

The recent case of Jones v. Jones may create the possibility of unrest in same-sex couples planning to have children. In the case, the Pennsylvania Superior Court affirmed the Bucks County trial court's award of primary physical custody of 8-year-old twin boys to the petitioner, Patricia Jones, the nonbiological parent and former same-sex partner o...

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Disclosure Provision Has Pivotal Part in Validating Marital Agreement

The Pennsylvania Superior Court affirmed the Bucks County trial court's upholding of a marital settlement agreement that failed to delineate the value of a business owned by husband but did recite that disclosure of its value had been made. Sandra J. Paroly and Ted W. Paroly were married April 4, 1981, and separated Jan. 4, 1999. On Feb. 23, 2001,...

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Sunny Florida: Relocation Granted

The article Sunny Florida: Relocation Granted by Michael E. Bertin, Esquire appeared in the Pennsylvania Family Lawyer, Vol. 27, issue No. 3 (September 2005) edition. Billhime v. Billhime, 869 A.2d 1031 (Pa. Super 2005). The Pennsylvania Superior Court (Bender, Gantman, and Johnson, JJ.) reversed the Montour County trial court’s (Judge...

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