Archive for the ‘Child Custody’ Category

Relocation and its Impact on Existing Custody Orders

The Court’s procedure in relocation of a parent with some custody of a minor child has been codified at 23 Pa.C.S.A. 5337(h): (more…)

What Factors must a Court Address in Determining the Modification of a Custody Arrangement?

The Pennsylvania Legislature has adopted an enumerated list of sixteen factors to decide issues of custody in the Commonwealth of Pennsylvania.  23 Pa.C.S.A. 5328.  (more…)

Pennsylvania Changes Child Custody Laws

On September 3, 2013, Pennsylvania instituted new rules of procedure which will affect not only new custody cases, but pending custody cases as well. Below we detail the most drastic changes to the custody law, however the full amendment can be seen at 1915.1, et.seq. Pa.R.C.P. (more…)

Child Custody in Pennsylvania

Matters involving custody of your children can be extremely stressful for all parties involved.  The issues can be complex and have lasting effects on you and your family.  The best way to address child custody issues is to talk with an experienced Pennsylvania child custody attorney who can minimize your stress and fight to get the best possible result for your family.  (more…)

Contempt Petitions and Custody Modification

The Pennsylvania Superior Court, in the recent case of G.A. v. D.L., 2013 Pa. Super. 168, filed July 3, 2013, decided the question of whether or not service of a petition alleging contempt on the Respondent’s attorney of record in a custody order is proper service on the alleged party in contempt and reiterated that a contempt petition cannot be the basis for a modification of a custody order unless the relief requested is specifically plead. (more…)

A Court May Not Use A Custody Contempt Petition To Modify A Custody Order

Earlier this week, on November 13, 2012, the Pennsylvania Superior Court issued a decision in a case where the trial court dismissed a motion for contempt against a non-custodial father and, in the order dealing with the dismissal, improperly modified the existing custody order.  P.H.D. v. R.R.D., 2012 Pa. Super. 246 (2012). (more…)

Custody Jurisdiction: Relocation to PA

Under existing law, the basic jurisdiction to allow custody to be determined in the courts of the Commonwealth of Pennsylvania is determined by the actual residence of the children for the six months before a petition is initially filed. (more…)

Districts Required to Subsidize Private School Transportation Where There is Equal Joint Custody

Commonwealth Court Decides that Separated Parents who live in Different School Districts, each within Ten Miles of a Private School, who have Equal Custody are Each Entitled to School Subsidized Transportation. (more…)

Grandparent Child Custody Rights

Grandparents’ rights to visitation and child custody are governed by whether they have standing under Sections 5324 and 5325 of Title 23.  If a court determines that a grandparent has standing, the court may award physical and legal child custody, partial child custody or visitation rights. (more…)

Child Custody and Active Duty Military

Last month Governor Tom Corbett signed a new law which will go into effect in June.  This law imposes many military-friendly changes, including a provision which will prohibit custody arrangements from being altered while an active-duty military service member is deployed overseas. (more…)