The New Jersey Appellate Division heard a husband's appeal after the trial court bifurcated a divorce, conducted a bench trial on the grounds for the divorce, and found in favor of the wife. The Appellate Division largely affirmed the trial court's order. The Court found that the trial court properly…
The New Jersey Appellate Division heard a husband’s appeal after the trial court bifurcated a divorce, conducted a bench trial on the grounds for the divorce, and found in favor of the wife. The Appellate Division largely affirmed the trial court’s order. The Court found that the trial court properly bifurcated the issues of the… Continue reading Steiner v. Steiner
The Pennsylvania Superior Court reversed and remanded the trial court’s order that limited the manner in which the Commonwealth was permitted to interview R.P. and A.P. (“Children”) as part of its investigation into child abuse allegations against Z.P. (“Father”). This appeal implicated the interplay of different sections of the Domestic Relations Code. The Commonwealth argued… Continue reading Z.P. v. K.P.
The Pennsylvania Superior Court affirmed an order of the Orphans’ Court, terminating the appellant’s parental rights. The issue was procedural. The appellant argued that he was not adequately served with the petition for involuntary termination under 23 Pa.C.S. § 2513 and Pennsylvania Orphans’ Court Rule 15.6. The appellant was notified of the hearing while virtually… Continue reading In re M.N.K.
The Pennsylvania Supreme Court held that there is no “social worker exception” to compliance with constitutional limitations on an entry into a home without consent or exigent circumstances. Thus, constitutional protections apply. The Department of Human Services filed petitions to compel parents to permit the Department to conduct an in-home visit. The petitions were based… Continue reading In re Y.W.-B.
This case involved the mother and step-father of two children who filed a petition to terminate the parental rights of the children’s father after he did not have contact with the children for well over six months. Section 2511 of the Adoption Act permits the termination of parental rights upon proof that the parent refused… Continue reading In re L.A.K.
The Pennsylvania Superior Court reversed the trial court’s decision to deny Mother’s request for reinstatement of her appellate rights nunc pro tunc. The trial court terminated Mother’s parental rights. On the same date, the court entered a juvenile court order that changed the child’s permanent placement goal from reunification to adoption. Mother’s attorney filed notices… Continue reading In re I.M.S.
The Pennsylvania Superior Court affirmed an order from the Orphans’ Court that involuntarily terminated a mother’s parental rights and changed the children’s permanency goal to adoption. On appeal, the mother argued that the Orphans’ Court improperly utilized a “fault based analysis”, and the mother stressed that ruling that severing from the children would not be… Continue reading In re L.W.
The Pennsylvania Superior Court affirmed an order of the Court of Common Pleas that permitted the defendant’s licensed clinical social worker to testify about a statement he made during a counseling session. The defendant described to his social worker ways that he could kill his estranged wife in her home and make it look like… Continue reading Ryan v. Ruize
The Pennsylvania Superior Court affirmed a 150-day flat sentence imposed for a violation of a protection from abuse (“PFA”) order. The Court cited its decision in Wagner v. Wagner, where it held that a flat sentence is permissible under the Protection From Abuse statute.
The Pennsylvania Superior Court once again found itself playing referee in a toxic family fight. The Court affirmed the lower court’s order awarding a father therapeutic supervised partial physical custody of his three minor children. In 2016, the father filed a petition to modify a custody order to exercise supervised partial physical custody with the… Continue reading K.D. v. E.D.