There have been significant changes to the custody statutes. When making a determination in custody, the court will consider whether either party (or member of their household) has enumerated offenses under Section 5329 of the custody statutes.  The court will determine to what extent the party (or household member) poses a risk to the child.  As a result of the amendments to the custody statute to focus on the safety of the child, the legislature has added seven new offenses to the list of enumerated offenses: Simple Assault (18 Pa.C.S. Section 2701) Recklessly Endangering Anot ..read more

Pennsylvania legislature has made significant changes to the custody statutes as they pertain to safety of the child.  These changes were based on efforts related to a nation-wide campaig regarding Kayden’s Law. One of the largest changes is regarding supervised physical custody as it pertains to risk of abuse of the child.   If a court finds by a preponderance (more likely than not) of the evidence that there is ongoing risk of abuse of the child, there is a rebuttable presumption that the court shall only allow supervised physical custody between the child and the party.  A ..read more

In Campbell v. Tang, a recent Superior Court of Pennsylvania decision, the Court issued a precedential decision on whether an engagement ring should be returned to the giver or if it should stay with the recipient, when the person proposing marriage is discovered to still be married to someone else. In this case, Campbell and Tang met on an online dating site where Campbell represented himself as “divorced.” The parties began dating and then moved in together. Approximately 10 months later, Campbell proposed to Tang and presented her with a diamond engagement ring, diamond pendant necklace an ..read more

IS YOUR EX’S NEW FIANCE’S INCOME A DECIDING FACTOR IN A RELOCATION CASE? There are several factors a court must consider in deciding whether to permit a party to relocate with the child.  A recent non-precedential Superior Court case, Manning v. Eledge, J-A01049-22, an appeal from The Court of Common Pleas of Perry County, considered whether the calculation of a Mother’s fiancé’s income resulted in an error by the trial court in granting Mother’s petition to relocate.   The parties are the biological parents of a child born in 2013.  The parties lived together for about a year a ..read more

Photo by Oakozhan/iStock / Getty Images Pennsylvania uses Support Guidelines (or a schedule) to provide parties with a measure of certainty about the amount of support they may have to pay or receive.  These guidelines insures that similar families who make about the same amount of money are treated about the same. There are many reasons that the court may deviate (either upward or downward) from the basic child support amount that the guidelines suggest would be the support obligation. Generally, the trier of fact should deviate upward only when unique needs of the child are involved an ..read more

Your divorce and custody cases are extremely personal and private. However, many people are surprised to learn that many family law proceedings may be viewed by the public and not in actually confidential.  In fact, most county courthouses (except in the age of COVID) are open to the public.  That means that with some exceptions, many hearings can be viewed by the general public.  Why is this? Generally, our government has recognized that the court and information about how it makes it decisions should be open to the public.  This public policy concern often outweighs the ..read more

Photo Description: Man holding a phone in his left hand with a laptop sitting on a table in front of him both showing a trend report. Is there a time limit on enforcing the terms in a marital settlement agreement? In a recent appeal, Melchiorre v. Melchiorre J.A17003-20, the Superior Court decided whether Wife was barred under several legal doctrines from enforcing the terms of the marital settlement agreement because she had waited nearly 17 years after its entry to file her contempt petition. Husband argued that under the statute of limitations and/or the doctrine of laches. Husband also ar ..read more

Photo Description: Person holding a phone with an open laptop on a desk showing a Facebook homepage. The convenience of smart phones, computers and the internet are fantastic tools for modern times. However, when contemplating a divorce or going through a custody battle, you may want to consider steps to be taken to protect yourself and your privacy. Here are a few tips to consider.  Text Messages: You words may be used against you.  However, the opposite is also true, the text messages and emails that your spouse sends you can also be used against him/her.  It goes without say ..read more

Photo by FlamingoImages/iStock / Getty Images Many couples are aware that they can receive or be required to pay child support if the parties separate.  However, some are not aware of spousal support or understand how it is different from alimony.  Spousal support is definite by Pennsylvania statute as “care, maintenance, and financial assistance” which can be received once the parties separate, but not after the divorce is finalized.  23 Pa.C.S. Section 3103.Alimony is post-divorce support is determined by the analysis of the 17 factors in 23 Pa.C.S. Section 3701(b).  Her ..read more

A recent PA Superior Court Case provides guidance on the analysis of duress claims to invalidate marital settlement agreements. Photo by PeopleImages/iStock / Getty Images In recent a PA Superior Case, Lewis v. Lewis, (Pa. Super. 2020), a case with interesting facts provided additional insight in the analysis of duress with respect to marital agreements. In this case, Husband petitioned the court to enforce the post-nuptial settlement agreement and for Wife’s contempt of that settlement agreement.  Wife filed a counter-petition complaining that she signed the settlement agreement under d ..read more