Category: Court Decisions

Can Grandparents Have Custody if Both Parents are Working?

August 31, 2014 | Blog, Child Custody, Court Decisions

Icon for author Brian Vertz Brian Vertz

Grandparents who are raising their grandchildren in Pennsylvania, while the parents work, might wonder if they have legal custody rights under the law. A recent decision of the Pennsylvania Superior Court (non-precedential) may contain an answer to that question.  In J.L. F.L .and L.L. v. A.A.M., No. 530 MDA 2014 (August 28, 2014), the mother and father resided with father’s parents when their son was born.  Father and Mother became separated, and […]

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Reality vs. Paternity: 17 Years is Too Late to Ask for DNA Paternity Test

August 22, 2014 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

Men who pay child support in Pennsylvania to mothers who were never their wives may wonder whether the children they support are their own. These days, it is easy to administer a home paternity test and quickly learn whether there is a blood relation between the child and the man who is paying support. Yet, it’s a Pandora’s box, and once opened, the consequences might not be as one intended.  That’s […]

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Divorce and Discovery: Superior Court Rejects Privacy Interest to Justify Protective Order

August 21, 2014 | Blog, Court Decisions, Divorce

Icon for author Brian Vertz Brian Vertz

Pennsylvania residents who are getting divorced may face the daunting task of answering discovery: interrogatories and document requests. Some may wonder why they must produce personal information, such as checking account records that show purchases made long after a marital separation, or tax returns that include the income of a new spouse. Will the Pennsylvania courts enter a protective order to prohibit the discovery of personal information? A recent en […]

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Child Support Taken from Retained Earnings of Business

July 23, 2014 | Blog, Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

When a business owner in Pennsylvania owes child support, he or she may consider whether to include the retained earnings that are not distributed to owners in calculating child support.  A recent decision of the Superior Court (non-precedential) answers this question by making reference to a previous child support decision.  In M.J. v. S.J., No. 747 WDA 2013 (July 16, 2014), the owner of a consulting business organized as a Subchapter […]

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