September 5, 2013

Child Support Deviation based upon Custody | Bucks County

PA Guidelines Allow Child Support Deviation Based on Custody The calculation helps determine child support or support deviation for Bucks County and all Pennsylvania support cases. The amount child support deviation may increase or decrease depending on the amount of parenting time spent with the child(ren). It may not necessarily rely on overnights either – […]

September 4, 2013

Welcome Jahn S. Chesnov, Esquire: 27 Years of Family Law in Bucks County

We are excited and pleased that Jahn S. Chesnov, Esquire has joined our team to continue providing excellent service to the Bucks County community. Mr. Chesnov will provide insight and advice to support our large portfolio of family law cases. As a seasoned practitioner of Family Law in Bucks County, Mr. Chesnov provides 27 years’ experience […]

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 […]

December 27, 2012

Recent PA Child Relocation Decision

Can you relocate with your child? In a recent case, the Mother’s petition to relocate was denied. The mother appealed from the trial court order that denied her petition for relocation and a related request to modify the terms of custody for the parties’ six-year-old son. The recently enacted new Child Custody Act became effective […]

December 25, 2012

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 […]

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 […]

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

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 […]

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 […]

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 […]

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 […]

Custody Relocation Best Interests

Children and Divorce

CUSTODY RELOCATION 13-8.7 Best Interests The mother appealed from the trial court order that denied her petition for relocation and a related request to modify the terms of custody for the parties’ six-year-old son. The recently enacted new Child Custody Act became effective on January 24, 2011. 23 Pa.C.S. §§ 5321–5340. The new act applies […]

August 3, 2012

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 […]

April 17, 2012

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, […]