Do grandparents have rights in custody of their grandchildren? And to what extent? In a recent Bucks County custody case, the Court was faced with the issue of grandparents rights. After a trial, the court granted the paternal grandmother partial physical custody of her grandchild. The trial was based upon the argument of the adoptive parents, the child’s biological grandfather […]
First-in-time Rule, Jurisdiction & Venue in Divorce or Custody
Where does jurisdiction lie? Have you ever wondered which state has jurisdiction over a divorce case if one spouse leaves the state? How about if you have children, where does the Custody case take place? A recent Pennsylvania case addressed such issues and confirmed what has been a precedent for some time. The father and […]
Modifying Custody | Best interests of the child
What does the law mean by best interests of the child? Section 5338 of the Child Custody Act, 23 Pa.C.S. § 5321 et seq., implements changes to requests to modify existing custody orders. That section provides that, upon petition, a trial court may modify a custody order if it serves the best interests of the […]
When a parent wants to relocate with shared custody
What is the Child Custody Act and how is custody determined? Section 5337 of the recently enacted Child Custody Act, 23 Pa.C.S. § 5321 et seq., alters the legal standards that a trial court must consider when ruling on a request to relocate with shared custody. Under prior practice, trial courts considered relocation requests based […]
Recognizing Parental Alienation
Recognizing Parental Alienation By Robin L. Jessie-Green When couples separate, it is often due to differences in beliefs, attitude, or opinion, which cause them to grow apart. Even if these changes in relating are amicable, when it comes to deciding what is believed to be in the best interest of children caught in the middle, […]