KAYDEN’S LAW: SEVEN NEW ENUMERATED OFFENSES ADDED

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KAYDEN’S LAW: SEVEN NEW ENUMERATED OFFENSES ADDED

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:

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CHANGES TO SUPERVISED PHYSICAL CUSTODY IN ABUSE CASES

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CHANGES TO SUPERVISED PHYSICAL CUSTODY IN ABUSE CASES

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.  

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BROKEN ENGAGEMENT: WHO GETS TO KEEP THE ENGAGEMENT RING WHEN ONE PARTY IS STILL MARRIED TO SOMEONE ELSE

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BROKEN ENGAGEMENT: WHO GETS TO KEEP THE ENGAGEMENT RING WHEN ONE PARTY IS STILL MARRIED TO SOMEONE ELSE

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.

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IS YOUR EX’S NEW FIANCE’S INCOME A DECIDING FACTOR IN A RELOCATION CASE?

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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 A recent non-precedential Superior Court case, Manning v. Eledge, J-A01049-22, an appeal from The Court of Common Pleas of Perry County, considered whether the calculation of a Mother’s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.

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8 Reasons the Court Doesn't Have to Strictly Follow the Basic Child Support Guidelines

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8 Reasons the Court Doesn't Have to Strictly Follow the Basic Child Support Guidelines

PA uses a guideline system to determine support obligations. Generally, the trier of fact should deviate upward only when unique needs of the child are involved and downward only when the obligor can establish unique financial needs. Deviations allow the court to consider the unique circumstances of the parties in exceptional circumstances.

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Can Your Divorce Records Be Sealed?

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Can Your Divorce Records Be Sealed?

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.

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Is There a Statute of Limitations on Enforcing a Marital Settlement Agreement?

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Is There a Statute of Limitations on Enforcing a Marital Settlement Agreement?

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 including statute of limitations because she had waited nearly 17 years to try to enforce it through a contempt petition against Husband.

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Is Your Own Technology Working Against You in Your Divorce or Custody Case?

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Is Your Own Technology Working Against You in Your Divorce or Custody Case?

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.

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An Involuntarily Psychiatric Commitment, Medication Control, and a Postnuptial Agreement.

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An Involuntarily Psychiatric Commitment, Medication Control, and a Postnuptial Agreement.

Invalidating a postnuptial agreement is very difficult. In Lewis v. Lewis, the Superior Court invalidated a postnuptial agreement on the basis of duress and fraud and stated in their review that it was their first case of doing so. We discuss the facts in the case as well as the analysis of a claim of duress in an effort to invalidate the postnuptial agreement.

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FORGET THE ENGAGEMENT RING, GIVE ME BACK MY DEPOSIT FOR THE HOUSE

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FORGET THE ENGAGEMENT RING, GIVE ME BACK MY DEPOSIT FOR THE HOUSE

The decided to get married. Before he bought a ring, he withdrew $52,000 out of his retirement account to go toward the house they were going to live in. They find a house, move in, and break up a few months later. Should he get back the deposit he put into the house? What if he signed gift letters stating that he did not expect any type of repayment for the $52,000?

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Contempt of a Support Order and Suspended Sentences As Punishment

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Contempt of a Support Order and Suspended Sentences As Punishment

Can the court impose a suspended sentence for contempt of a child support order? In a recent Superior Court decision, Thompson v. Thompson, the Court determined whether a trial court could impose a suspended sentence for civil contempt thought it is not expressly permitted as a form of punishment under 23 Pa.C.S. 4345.

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Medical Marijuana Use and Custody

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Medical Marijuana Use and Custody

Medical marijuana use is a hot topic all over the country. With so many states allowing the legal use of marijuana for medical purposes, and many legalizing the use recreationally, we will start to see more and more cases that address the use of marijuana in different areas of law. In a recent case, H.R. v. C.P. 2019 PA Super. 357, in the Pennsylvania Superior Court, this Court addressed the use of medical marijuana in a child custody matter.

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Non-Biological Father Determined to be the Legal Father: A Case of Paternity by Estoppel

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Non-Biological Father Determined to be the Legal Father: A Case of Paternity by Estoppel

Can a person who came into the life of a child when they were 1 year old, be determined to be the legal father and responsible for child support? In a recent case S.M.C. v. C.A.W., 2019 PA Super 318, the Pennsylvania Superior Court addressed the doctrine of paternity by estoppel. Under this doctrine, a person can be ordered to pay child support for a child that is not his biological child.

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Name Changes and Children: Court Considers Notice Where Mother Seeks to Change Name of Biologically Female Child to a Traditionally Male Name

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Name Changes and Children: Court Considers Notice Where Mother Seeks to Change Name of Biologically Female Child to a Traditionally Male Name

In a recent case filed in this Family Division of the Court of Common Pleas of Lebanon County, the mother of a 16-year-old biologically female child has requested that the child’s name be changed to a traditionally male child’s name.

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Kayden's Law: Proposed Senate Bill Addressing Domestic Violence in Custody Matters

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Kayden's Law: Proposed Senate Bill Addressing Domestic Violence in Custody Matters

A new bill has been introduced on the Senate level. SB 868 focuses on the issues of domestic violence and its potential effect on children in child custody situations. Kayden, whose parents never married, lived with her mother and stepfather in Langhorne. She was visiting her father at his Manayunk home as part of a court-approved custody arrangement in August of last year when he fatally beat her with a 35-pound dumbbell, then hanged himself. Jeffrey Mancuso had not been violent with Kayden but had been abusive to others. Bucks County Judge Jeffrey Trauger was aware of Mancuso’s violent or aggressive behavior toward Kayden’s mother, his own mother, and other adults when he granted Mancuso unsupervised weekend visits with his daughter in May 2018.

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