Category: Court Decisions

Pennsylvania Supreme Court to Hear Constitutional Challenge to Grandparent Visitation

November 30, 2015 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

This month, the Supreme Court of Pennsylvania accepted a custody case involving a constitutional challenge to the grandparent custody law.  In D.P. and B.P. v. G.J.P. and A.P. (Ponko), No. 25 WAP 2015, the custody case bypassed the Superior Court, going straight up to the Supreme Court after a Westmoreland County trial court held that the grandparent custody statute was unconstitutional. Under the current law (23 Pa.C.S. § 5325), in effect since 2011, grandparents […]

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Sherri Shepherd decision confirms surrogacy contract in Pennsylvania

November 30, 2015 | Blog, Child Custody, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

In re Baby S., 2015 Pa.Super. 244 (November 23, 2015) Sherri Shepherd, one of the hosts of the ABC-TV daytime talk show “The View,” and her ex-husband Lamar Sally were married for just over a year when they arranged a surrogate to bear their second child.  Having previously given birth to a child who was 15 weeks premature (by her first husband), Sheppard was deemed to be incapable of a natural pregnancy, […]

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Father’s Inheritance Justifies Child Support Guideline Deviation

October 26, 2015 | Blog, Court Decisions

Icon for author Brian Vertz Brian Vertz

E.R.L. v. C.K.L., 2015 Pa.Super. 220 (October 19, 2015) In this published decision, the Superior Court examined a child support order in which the trial court had granted an upward deviation from the guidelines, and ordered the father to pay his share of all extracurricular activities in which the children might participate.  The Court affirmed, holding that Father’s inheritance, while not counting as income for support purposes, justified an child […]

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Failure to Report Income Results in Retroactive Child Support Award (12+ years)

September 09, 2015 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

When divorced or unmarried parents who owe child support fail to report their income to the court, the consequences can be severe.  That’s what happened in Cortes v. Cortes (non-precedential), No. 624 WDA 2014 (Pa.Super., September 3, 2015).  The mother and father in this case were divorced in Texas in 2000 after a twenty year marriage.  There was a child support order running in Allegheny County, where mother moved with […]

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