by Karen UlmerOftentimes when you have a custody agreement, your agreement or order spells out specific times and meeting places for custody exchanges. Even the best crafted custody agreement, however, does not contemplate every situation that possibly could arise. In these circumstances, you must often make a judgement call. For example, if your child is burning up […]
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Disestablishing Paternity
It is difficult to avoid the obligations that come with parenting a child. Paternity can be established in a number of ways including by acknowledgment, by genetic testing, or by estoppel. Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. […]
Protection from Abuse Claims in Bucks County, PA
Today is PFA day in Bucks County, PA. Historically, it was evident by the overcrowded and flowing areas of the courthouse. PFAs will now be heard in the new Bucks County Justice Center, but somehow that will not change the fact that is one of the most crowded days in court. A Protection from Abuse […]
Handling Custody during bad weather/sickness, use common sense
Oftentimes when you have a custody agreement, your agreement or order spells out specific times and meeting places for custody exchanges. Even the best crafted custody agreement, however, does not contemplate every situation that possibly could arise. In these circumstances, you must often make a judgement call. For example, if your child is burning up […]
Why you should file a counterclaim in custody
If you are one of the many families who are facing custody issues and you find that your ex has file a petition for custody or a petition to modify your current order, you should consider filing a counterclaim for custody. While it is true that you do not have to file an answer or […]
Non-Marital Families
The courts may recognize certain rights in relationships other than marriage. Palimony is the term for legal property and support rights arising from co-habitation. Co-habitation is not necessarily required for a palimony claim so long as there is a marital-like relationship. The default rule is that title controls ownership in the absence of a written […]
Putative Spouse Doctrine
The putative spouse doctrine provides an equitable remedy where one or both spouses believed in good faith they were married and subsequently discovered the marriage wasn’t valid. The spouse that is unaware of any impediment to the marriage is the putative spouse. The equitable remedy provided more or less mirrors the relief that would be […]
Affidavit of Consent
Under Section 3301(c) of the Divorce Code, one way to obtain a no-fault divorce is by mutual consent of the parties ninety (90) days after filing and service of the divorce complaint. This is often the quicker option for a no-fault divorce however it is contingent on both parties signing the consent. Case law provides […]
Annulment
An annulment proceeds similar to a fault-ground divorce in terms of procedure. First, it must be established that an annulment is appropriate. Pennsylvania acknowledges annulment for void and voidable marriages. Under 23 Pa C.S. 3304, void marriages include those where (1) one of the spouses is still in a former marriage, (2) the parties are […]
Fault Grounds and Defenses
Pennsylvania has a mixed approach to divorce in that it still allows fault grounds in addition to no-fault grounds. 23 Pa CS 3301(a) lists the fault grounds for divorce as follows: (1) willful and malicious desertion, without reasonable cause, for the period of one or more years; (2) adultery; (3) cruel and barbarous treatment; (4) […]
International Parental Kidnapping
International parental kidnapping occurs when a child is removed from the United States with the purpose of interfering with the other parent’s custodial rights. The federal law governing this issue, 18 U.S.C. §1204, defines child as a minor less than sixteen (16) years old and specifies that parental rights includes any custody rights (sole, joint, […]