The Superior Court in In the Interest of N.G. held that the the trial court properly found the termination of a mother’s parental rights to her children was appropriate under Section 2511(b) of the Adoption Act, as that subsection focuses solely on the best interests of the child.
The Appellate Division in In re: Guardianship of Dinoia held that the trial court had the authority to compel a county Adult Protective Services unit to pay attorneys fees for a lawyer who was court appointed to represent an allegedly incapacitated person.
Here, the Superior Court dealt with two interrelated orders. The Court ruled the trial court did not abuse its discretion in granting a PFA, finding that Mother had a reasonable fear of imminent serious bodily injury by Father. However, the Court vacated a Custody Contempt Order, finding the trial court violated Father’s due process rights … Read more
The Superior Court ruled in B.R.S. v. J.L. that a petitioner had standing to seek a protection from abuse order against his wife’s sister’s husband, as the two were persons related by affinity.
In a rare unanimous opinion, the Supreme Court ruled that a provision in a property settlement agreement between divorcing spouses directing a spouses municipal pension to be transferred once paid out to the beneficiary from the provider is an enforceable contract provision under the Police Pension Fund Law, Municipal Police Pension Law an the Municipal … Read more
In this custody dispute, the trial court appointed a guardian ad litem (“GAL”) and granted access to the parties’ mental health over the past 3 years. Mother (C.L.) appealed and argued her mental health records were privileged. The Court disagreed and held the parties privacy was protected because the trial court fashioned less intrusive alternatives … Read more
A.B. (Mother) appealed the trial court’s order, which awarded shared custody to her and o.G. (Father). The Superior Court vacated the order and remanded. On appeal, Mother argued that Father would not permit Mother to renew the children’s Russian passports. The Superior Court remanded and directed the trial court to determine whether the restriction on the … Read more
Father, a Colorado resident, executed a consent to adoption to allow his children’s step-father to adopt the them. The consent complied with Pennsylvania’s Adoption Act. But it did not comply necessarily with Colorado’s corollary statute. Father later tried to revoke that consent and claimed that, under Section 2711(c) of the Adoption Act, he was entitled … Read more
The Supreme Court held that a family court does not have authorization under the Child Protective Services Law to compel a parent to submit to a drug or alcohol test during. The Court distinguished Luminella v. Marcocci, 814 A.2d 711 (Pa. Super. 2002), by noting that the Superior Court there authorized such a search under … Read more
Parents appealed from the order of adjudication and disposition finding their son to be the victim of child abuse and dependent. During a medical examination, doctors found numerous bone fractures and bruises on the child’s body. Children & Youth Services filed a dependency petition. At the subsequent dispositional hearing, CYS presented several doctors who opined … Read more