December 28, 2012

Can an extramarital affair post-separation affect support?

Extramarital Affair and Spousal Support Many times, couples separate and start new relationships during the pendency of the divorce – which some might consider an extramarital affair. In a recent case decided by Pennsylvania Court, husband appealed from the trial court order that dismissed his exceptions and granted the wife spousal support. A long-recognized exception […]

November 17, 2012

The Origins of Divorce

In history, divorce can be traced more than 2 centuries ago. Archaeologists discovered that Divorce has been part of the codified laws in the Code of Hammurabi dating back in 1760 BC. The Code of Hammurabi The Babylonia King Hammurabi was believed to have ruled from 1750 BC to 1792. The Code was one of […]

Divorce Attorney Michael Kuldiner is Now a (CDFS) Certified Divorce Financial Specialist!

Michael Kuldiner  is a Divorce and Family Law attorney and has been instrumental in many successful divorce proceedings, and makes the process less complicated, manageable and less stressful for his clients. He also concentrates his practice on child custody and support, child neglect, domestic violence, alimony and spousal support. When family law matters require court […]

Grandparent Rights and Updates in Pennsylvania

Grandparent Rights under Pennsylvania Custody and Grandparents’ Visitation Act   Pennsylvania has more defined rules for the care of children. It has placed the Grandparent Rights into another platform by the passage of a new law which took effect on January 22, 1011. The new law makes changes to the current child custody law, The […]

October 24, 2012

The issue on child custody gains a twist with the passage of PA Child Custody Act 112 of 2010

The new Child Custody Law (Act 112 of 2010) After more than a year from its implementation, the new PA’s child custody law remains controversial. The new Child Custody Law (Act 112 of 2010) which took effect on January 23, 2011 has put aside the child custody presumptions of the old custody laws which have […]

October is Domestic Violence awareness month

VAWA celebrates October! In 2011, it was reported that there were about 91,000 cases of domestic violence in Pennsylvania which resulted to about 166 deaths.  It is a fact that women are vulnerable and needs protection; hence, Violence Against Women Act (VAWA) came into existence. VAWA was signed into law 18 years ago. The office […]

Eminent Domain of Private Property in Pennsylvania, Courts define ‘taking’ of private property

The US Constitution, Fifth Amendment states: “No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”   The law talks about the power of “eminent domain.” This is taking of private property exercised by government authorities for a public purpose and […]

October 23, 2012

Who has custody right over frozen pre-embryos, the wife or the husband?

This is the case of Reber v. Reiss, No. 1351 EDA 2011 (April 11, 2012), the legal battle for the custody right of frozen pre-embryos by the wife.  Andrea Lynn Reiss was fighting for custody of thirteen frozen pre-embryos which were created out from her eggs and the husband’s sperm. The embryos were born through Assisted […]

Pennsylvania new law will help sexual abuse victims

Pennsylvania joins 49 other US states to fast track litigation of sexual abuse cases. The new law, 42 Pa. C.S. § 5920 (Expert Testimony in Certain Criminal Proceedings s) was passed on Jun. 29, 2012 or HB 1264 and took effect on August 29, 2012. The law is intended to help victims of sexual abuse […]

Sandusky’s conviction has resulted in collateral damage, a lesson to learn…

Sentenced to 30 years of imprisonment last Tuesday, Oct. 9, 2012, the former Assistant football coach of   Penn State University, Jerry Sandusky, now 68 was moved to State Correctional Institution at Camp Hill to serve his sentence for the rest of his life. The lawyer of one of the victims said, he may have […]

The “best interest of the child” in filing Child Custody action

When a relationship ends, it is not the end of everything. It is just the beginning of a long legal battle for child custody. There are so many things to consider in enforcing one’s ones right over the child and sometimes … you will have to make a difficult decision. Pennsylvania has extensive laws about […]

September 12, 2012

Does Marital Misconduct or Cheating Determine the amount of Alimony?

Marital misconduct cannot be factored in when dividing up assets or property in Pennsylvania, it can be used as a basis for an alimony decision. Marital misconduct is rarely factored in during decisions about child support. Alimony is authorized in Pennsylvania pursuant to 23 Pa.C.S. § 3701(a), which states that “where a divorce decree has been entered, […]

August 31, 2012

Common Law Marriage Invalidated Declaratory Judgment / Collateral Estoppel

Common Law Marriage Invalidated   Declaratory Judgment / Collateral Estoppel Nancy appealed from the trial court order that granted Cort’s petition for declaratory judgment pursuant to 23 Pa.C.S. § 3306. Nancy and Cort began living together in September 1990. Three children were born of this relationship. In November 2006, Nancy filed a complaint for child and spousal support […]

August 14, 2012

N.R.H. Involuntary Termination of Parental Rights of J.L.H.

544 BUCKS COUNTY LAW REPORTER 2012 BCBA N.R.H. Invol. Term. of Parental Rights [  85 Bucks Co. L. Rep. N.R.H. Involuntary Termination of Parental Rights Mother appeals decree granting Bucks County Children & Youth Social Services Agency’s request to terminate her parental rights. Parent and child –  Involuntary termination of parental rights – Grounds for […]

August 9, 2012

Procedure Modification

PROCEDURE 11-10 MODIFICATION / TERMINATION The mother appealed from an order that modified the parties’ child support. She claimed that her procedural due process rights were infringed upon by the trial court. The father had filed a petition for modification of a prior support order. The petition failed to specifically aver any facts or request […]

Revised Child Custody

CUSTODY 13-1A REVISED CHILD CUSTODY ACT STATUTORY FACTORS REVIEW The mother appealed from the trial court order that granted permission for the father to move from Susquehanna County, Pennsylvania, to Barton, New York, with the parties’ male child. The appeal required consideration of the procedures and legal standards set forth in the newly enacted Child […]

Amount of Support

SUPPORT 11-1 AMOUNT OF SUPPORT 11-1.28 Guidelines/Deviation The wife is a German citizen whose relationship with the husband bore a single child during 2003. The wife married the husband on October 29, 2005. In order to facilitate the wife’s lawful immigration status and permit her to become a permanent resident of the United States, the […]

Partial Custody

CUSTODY 13-4 PARTIAL CUSTODY 13-4.1A Restrictions The record reflects that the trial court imposed restrictions on the father’s periods of partial custody. The trial court ordered that the mother or any other single caregiver was to be present in the area where the father was visiting with the child. Although the fact that the mother […]

August 6, 2012

Termination of Parental Rights Statutory Provisions

TERMINATION OF PARENTAL RIGHTS 15-7 STATUTORY REQUISITES/PROVISIONS The father sought review of the trial court order that terminated his parental rights to his son pursuant to the Adoption Act, 23 Pa.C.S. § 2511(a)(8) and (b). The trial court found that the child had been removed from his father for a two-year period, far beyond the […]