Child Custody, Visitation & Relocation

Choice Of Child’s Pre-School

Mar 20, 2017

Choice of Child’s Pre-School Is Generally Determined By Primary Residential Custodian Parent The family case of Madison v. Davis, 20-4-4617, Chcy. Div.,Ocean Cy. (June 18, 2014) presented legal issues of first impression regarding the rights and obligations of divorced patents when their child attends pre-school. For the reasons set forth in the opinion, the court […]

GRANDPARENTS’ STATUTORY STANDING TO SEEK CUSTODY OF GRANDCHILDREN BASED SOLELY ON SEPARATION OF PARENTS RULED UNCONSITUTIONAL

Feb 20, 2017

In the family law, grandparent child custody case of D.P. vs. G.J.P. PICS Case No. 16-1161 (Pa. Sept. 9, 2016). Justice Thomas G. Saylor, writing on behalf of Pennsylvania Supreme Court, ruled a statutory provision conferring upon grandparents standing to seek custody, based solely on the separation of the parents, was unconstitutional because it is […]

PARENT MORE THAN LIKELY TO FOSTER CONTACT WITH OTHER PARENT AWARDED PRIMARY PHYSICAL CUSTODY

Feb 15, 2017

In the child custody case of A.S.W vs. H.M.W., PICS Case No 16-1220 (Pa. Super, Sept. 22, 2016) the Honorable Patricia H. Jenkins, writing on behalf of the Pennsylvania Superior Court ruled that the trial court had properly awarded primary physical custody to mother where its findings that mother was more likely to foster contact […]

A REVIEW OF NEW JERSEY INTERSTATE CHILD RELOCATION LAW

Jan 26, 2017

N.J.S.A. 9:2-2 provides that a child of parents “divorced, separated or living separate,” where the children are “natives” of New Jersey, or have resided for five years within its limits, shall not be removed from the state “against their own consent, if of suitable age to signify the same, nor while under that age without […]

FATHER AWARDED PRIMARY PHYSICAL CUSTODY OF DAUGHTER AND THE ABILITY TO SELECT DAUGTHER’S SCHOOL

Sep 29, 2016

In the child custody, family law, appellate case of L.D.W v. B.E.W ., PICS Case No.16-0673, (Pa. Super., May 17th 2016) the Honorable Kate Ford Elliot, writing on behalf of the Pennsylvania Superior Court, ruled that the trial court properly held a de novo trial on remand and properly awarded primary physical custody of parties’ […]

Court Transfers Venue of a North Carolina Custody Court Order to Pennsylvania When Parents and Child no Longer Reside in North Carolina

Jul 20, 2016

In the child custody jurisdiction litigation case of L.A. vs. A.D., PICS Case No. 14-1145, (C.P. Lycoming County, July 2, 2014), the Honorable Joy Reynolds McCoy ruled because plaintiff mother and her child no longer lived in North Carolina, plaintiff petitioned to transfer venue to Lycoming County, Pa., where she resided was granted. Mother requested […]

Pennsylvania Superior Court Awarded Frozen Embryos/Eggs to Wife

Jun 09, 2016

In the family law, divorce litigation case of Reber v. Reber, 42 A.3rd 1311 (Pa. Super, 2012), the Pennsylvania Superior Court affirmed the lower court award of frozen embryos to the wife despite the husband’s position that the court should not require him to be the parent against his wishes. Filed Under: Family Law; Frozen […]

Mother’s Earning Capacity Must Be Determined Before Determining Father’s Presumptive Guideline Child Support

Jun 07, 2016

In the family law and child support appellate case of P.W. vs. S.MS., PICS Case No. 16-0466, (Pa. Super. April 7, 2016), the Honorable Jack A. Panella, writing on behalf of the Pennsylvania Superior Court, ruled that the trial court erred in ordering the father to pay child support without first considering the mother’s income […]

CITING THE CHILDREN’S NEED FOR STABILITY AND CONTINUITY, THE COURT DETERMINED THAT THE CHILDREN SHOULD CONTINUE TO ATTEND SCHOOL IN FATHER’S SCHOOL DISTRICT

Jun 02, 2016

In the family law, child custody case of A.W. v. C.W., PICS Case No. 15-0887, (C.P. Lycoming, May 15, 2015), the Honorable Joy Reynolds McCoy ruled that considering factors relevant to the children’s best interest, including the need for stability and continuity, the court determined that the children should continue to attend school in the […]

Father Awarded Primary Physical Custody Of Minor Daughter Because Of Child’s Positive Lifestyle With Her Father

Jun 01, 2016

In the child custody case of Blackshear v. Blackshear, PICS Case No, 15-0714 (C.P. Lawrence, March 17, 2015) the Honorable John W. Hodge awarded primary physical custody of minor child to father because the parties’ child was enjoying a positive lifestyle with her father and siblings and doing well in school. The court modified the […]