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Pennsylvania Surrogacy

Pennsylvania does not have a statute in place as it relates to surrogacy, however, case law has upheld a surrogacy contract. There are two types of surrogacy. A traditional surrogacy is where the carrier has a genetic relationship with the child. For example, the carrier’s eggs are used along with a sperm donor. A gestational […]

How Do I Enforce a Custody Agreement in a Divorce Settlement?

When we work with you on your divorce, your divorce settlement agreement will contain all the important issues facing you and your spouse including who has what type of custody. If your relationship breaks down and one party refuses to recognize the other parent’s custody rights, the aggrieved parent can try to have the agreement […]

Third Party Custody Rights

Parties other than parents and grandparents may be able to file for custody. Section 5324 of the Pennsylvania Domestic Relations laws discusses standing for any form of custody. A person who stands in loco parentis may be able to obtain custody. In loco parentis status has been interpreted to mean an assumption of parental status […]

Supervised Custody

23 Pa. C.S. 5322 defines all the different variations of custody. Physical custody is defined as “the actual physical possession and control of a child.” Physical custody can be supervised if warranted. Generally, the court is considering if the welfare and safety of the child necessitates supervision. If supervision is deemed to be necessary, you […]

Summer Schedules

Now that warm weather is here and the school year is coming to a close, you may want to review your custody agreement to prepare for the summer months. Your standard schedule may change when the school year is over and you should make plans for that adjustment to go smoothly. If you have shared […]

Child’s Relocation

Pennsylvania’s custody relocation statute, 23 Pa C.S. 5337, requires the party seeking relocation to get court approval or the other parent’s permission prior to relocation. A relocation is defined as any move that would “significantly impair the ability of the nonrelocating party to exercise custodial rights.” Case law has established that when neither parent moves […]

National Alcohol Screening Day

Today is National Alcohol Screening Day. The day is intended to raise awareness and highlight treatment options. It was first observed in 1999 and falls under the category of mental health screenings. Alcohol abuse is a frequent issue in family law matters. Often times, excessive alcohol consumption can be a trigger to aggressive or violent […]

Grandparent Custody Rights

Section 5325 of the Domestic Relations laws sets out the circumstances under which grandparents and great-grandparents may petition for partial custody/visitation. One of three conditions must be met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; or (3) the child has […]

International Custody Cases

International custody cases raise issues of both jurisdiction as well as subsequent enforcement. For cases beginning in the U.S., the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) likely applies. The UCCJEA gives jurisdiction for a custody matter to the home county of the child. This would be the county where the child has resided […]

When is it a custody relocation?

Pennsylvania’s custody relocation statute, 23 PA C.S. 5337, requires the party seeking relocation to get court approval or the other parent’s permission prior to relocation. A relocation is defined as any move that would “significantly impair the ability of the nonrelocating party to exercise custodial rights.” This definition allows some room for interpretation on when […]