Legal custody allows you as a parent to make major decisions on behalf of your child. If your child has special needs, legal custody provides you the right to have a voice in your child’s special education program at school. Children identified as having a need for special education and related services are to be
Alimony and Cohabitation in Pennsylvania
The law in Pennsylvania states that no spouse is entitled to receive an award of alimony where the spouse, subsequent to the divorce pursuant to which the alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the spouse’s family within the degrees of consanguinity. Cohabitation can be shown according to the Pennsylvania Superior Court “by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means.” Moran v. Moran, 839 A.2d 1091, (Pa. Super. 2003).
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Same Sex Consortium Claims
A Philadelphia Common Pleas Court Judge has granted an immediate appeal from an Order dismissing a claim for loss of consortium from one of the parties to a same sex marriage. The underlying claim involves a medical malpractice claim filed against Temple University Hospital by a same sex couple named Wolf. Judge Gregory Smith signed an Order granting the immediate appeal which said in part as follows:…
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What Happens to Frequent Flyer Miles or Other Loyalty Points When There is a Divorce?
The spouse who earns frequent flyer miles or loyalty points may feel emotionally attached to those miles or points since they are perceived as a reward or a prize for the travel and endless nights away from home. If earned during the marriage; from the date of marriage to the date of separation; they are…
The Challenge of Co-Parenting
Many times parents that are separated have different parenting styles.
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What is “Marital Property”?
When going through a divorce you may wonder what property and possessions will ultimately belong to you or your spouse.
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The Legal Unknown Even With a Prenuptial Agreement
Rupert Murdoch the wealthy high-profile media mogul is finding out not everything can be contracted.
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Collection of Overdue Child Support from Personal Injury Settlements
n an effort to facilitate the collection of past child support, the Collection of Overdue Support from Monetary Awards was created in 2006 as an amendment to the Domestic Relations Code with unanimous support in both the Pennsylvania State House and Pennsylvania State Senate.
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Free Speech vs. Best Interests of the Child: Can your Constitutional Rights Hurt You in a Custody Battle?
A recent Bucks County custody battle involved a father who created a website which, among other things, related his experiences with the Bucks County court system. Included on the website were blogs which referenced his ex-wife. These references were described by the judge hearing his custody case as “denigrating and belittling comments about mother”. The judge further advised father “You may say anything that you would like to say. You may publish it. You may put it on a billboard.
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Alimony Reform: For Better or for Worse
Alimony reform appears to be gaining momentum across the country. Last month New York State modified their alimony laws by adopting a formula for setting alimony thus making alimony fairer and easier to predict. Massachusetts is currently considering a bill that would cap the duration of alimony based upon the length of marriage.
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