Divorce Case law updates - April 2012 By Cynthia Bashore, Esquire, Attorney with Law Offices of Maribeth Blessing, www.mbfamilylaw.com
When considering pursuing an adoption, there are many things to look into. Among some of the factors a person might consider may be whether or not to seek an open adoption, adopting a child from abroad, or whether to adopt an older child. However, another factor to keep in mind may be the adoption tax credit.
Even as the national economy begins to rebound, many Pennsylvania residents no doubt continue to suffer from the aftermath of the financial crisis that hit the nation in 2008. Those impacted may well experience tremendous difficulty in meeting their financial obligations, which may include child support. However, failing to pay child support may subject the non-custodial parent to serious criminal penalties, not to mention place the well-being of the child in jeopardy.
C.M.K. v. K.E.M., 2012 Relocation Case, Superior Court - March 27, 2012. The new 2012 Pennsylvania Custody Statute requires a parent to provide a very specific Notice of Relocation to the other parent when the move will affect the other parent's custodial rights, - not only physical custodial rights, but also rights of shared legal custody. In this case Mother gave Father notice and filed a petition for relocation. The Court found that, by filing for relocation, Mother did NOT concede that her proposed move would affect Father's custodial rights or require her to serve Notice within the parameters of 23 Pa.C.S. 5322(a). However, under the facts of this case where Father was very involved in the child's daily life, ultimately the Court found that Mother's proposed move to 68 miles away would significantly adversely affect the Father-child relationship, and the offer of additional custodial time by Mother was insufficient to mitigate the adverse affect such a move would have on Father's relationship with the child.
Most in Pennsylvania are probably quite aware that divorce can be an emotionally trying and stressful time. However, what many may not necessarily know, or at least fully realize, is that it can be a strain on one's finances as well. When going through a divorce, it is vital to gather together all of one's financial documents in one place.
When people approach their later years, they may not necessarily be able to take care of their financial affairs or see to their medical treatment. However, Pennsylvania law allows for what is known as a guardianship. Under a guardianship, one's affairs are taken care of by a court-appointed person. Recently, guardianships entered the news after Zsa Zsa Gabor's daughter requested that a judge place her mother in one.