Child Custody, Visitation & Relocation

THE PRESUMPTION IS IN FAVOR OF FATHER IN BEST INTEREST OF CHILD ANALYSIS IN GRANDMOTHER’S CHILD CUSTODY PETITION

Nov 21, 2017

The trial court erred in granting primary physical custody to child’s grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in §5327(b) and improperly imposed the burden of proof on father. Child lived with mother at grandmother’s house for the first five years of his […]

REPEATED, FLAGRANT AND ONGOING CONTEMPT OF CHILD CUSTODY ORDERS REQUIRES SANCTIONS

Nov 07, 2017

The trial court correctly held that mother was in contempt of the court’s order but erred in not imposing sanctions for mother’s repeated, flagrant and ongoing contempt of orders related to child custody because no sanctions for flagrant abuse of court orders was an abuse of discretion and father could challenge the order as […]

FORMER SAME-SEX PARTNER OF A CHILD’S BIOLOGICAL MOTHER CANNOT CLAIM SHE IS ENTITLED TO CUSTODY OF THE CHILD

Nov 01, 2017

FORMER SAME-SEX PARTNER OF A CHILD’S BIOLOGICAL MOTHER CANNOT CLAIM SHE IS ENTITLED TO CUSTODY OF THE CHILD The former same-sex partner of a child’s biological mother cannot claim she is entitled to custody of the child since she has no biological connection to him, nor has she legally adopted him, the state Superior Court […]

CAN GRANDPARENTS BE AWARDED GRANDPARENT CUSTODY OF GRANDCHILDREN?

Oct 19, 2017

Grandparent custody of a grandchild or grandchildren may be awarded under certain circumstances. However, there must be a compelling reason for grandparents to be awarded custody if either parent of the child is alive and capable of or interested in parenting the child. READ MORE………… How to Get Grandparent Custody of Grandchildren Grandparent custody […]

COURT DECLINES JURISDICTION OVER CHILD CUSTODY CASE WHEN CHILDREN RESIDE IN NORTH CAROLINA

Oct 17, 2017

While Pennsylvania had jurisdiction over the parties’ two children who lived in North Carolina with their mother, the court declined to exercise jurisdiction over this custody dispute because North Carolina, where the children received significant medical care, was the more appropriate forum. The court granted mother’s preliminary objection. Read More… Mother and father are […]

GRANDPARENTS’ RIGHTS AND VISITATION & RELOCATION

Oct 12, 2017

Grandparents’ rights to visitation with their grandchildren may be different depending on the state in which the grandparents and grandchildren live. Grandparents can petition in court for grandparent visitation rights, but there are some restrictions on their ability to do so. READ MORE… The biggest obstacle to grandparents petitioning for visitation rights is that […]

Stepparent Child Visitation Rights

Oct 10, 2017

Custody battles are often ugly between divorcing biological parents, but when a biological parent and a stepparent get divorced, does the stepparent have a legal right to child visitation? READ MORE… The answer to that question depends largely on the state in which the parents reside, but in general, stepparents seeking child visitation rights have […]

PARENT WHO WAS MORE AVAILABLE FOR CHILD WAS AWARDED PRIMARY PHYSICAL CUSTODY

Sep 27, 2017

Where the parents had a history of poor communication, primary physical custody of the child was awarded to mother who had a more flexible schedule. Read More… The parents were the unmarried parents of a five year old boy, S.T.L. Their existing custody order provided that the parties shared legal custody of their son. […]

VENUE FOR CHILD CUSTODY CASES

Sep 22, 2017

A court no longer has continuing, exclusive jurisdiction over a child custody matter, if neither the child nor the father live in that county. Under Pa. R.C.P. 1915(a)(1), venue is proper in the county where the child had resided within the last six months, or where the child and at least one parent had a […]

MOTHER NOT IN CONTEMPT FOR DE MINIMUS VIOLATIONS OF CHILD CUSTODY ORDER

Jun 21, 2017

In the family law, child custody case of Rehak vs. Thompson, PICS Case No. 1700772 (C.P. Allegheny Dec. 2, 2016) the Court held that mother was not in contempt of court for de minimus custody order violations, including her failure to log the child’s summer camp activity on a shared calendar and her occasional […]