Thoughts to Help Your Children
Check out this article on the web regarding how to minimize the bad effects of divorce on the children.
NEW SUPPORT RULE - ANYONE CAN FILE
Effective November 1, 2011, even someone that might owe support (child, spousal) can start the case.
ARE POWERS OF ATTORNEY STILL VALID IN PA?
A recent Pennsylvania Supreme Court case calls into question whether banks, insurance companies, investment account administrators and other third parties will follow the directions of agents appointed by Power of Attorney.
CUSTODY LAW REVISED FOR 2011
Pennsylvania has significantly revised the statutes that control child custody. The revisions include requiring the trial court: to delineate the reasons for its decision; provide the specific terms and conditions of the award in sufficient detail to enable a party to enforce the order through law enforcement authorities; allowing the court to significantly punish willful contempt; and requiring substantial prior notice of an intent to relocate. If you are involved in a custody case you need to know whether these revisions in the law will impact your case. At Peterson & Peterson we still offer free initial consultations to discuss your legal issues. Please call to schedule an appointment.
PENNSYLVANIA HAS NEW SUPPORT GUIDELINES
Pennsylvania has adopted revised support guidelines that are now in effect.
SUPERIOR COURT OVERRULES PRESUMPTION AGAINST HOMOSEXUAL PARENTS
On January 21, 2010, in the case of MAT v. GST, the Pennsylvania Superior Court overruled 25 years of an evidentiary presumption that favored heterosexual parents for primary physical custody in custody cases.
RESUMING MAIDEN NAME DURING DIVORCE
Pennsylvania Law allows any party to a divorce to resume their prior surname (maiden name) during the divorce even before the divorce is granted. See 54 Pa.C.S. Section 704. To do so you simply prepare and file a Notice to Resume Prior Surname with the Prothonotary where the divorce was filed. If you have any questions regarding this or any other family law issue please contact us to schedule a free initial consultation.
RECOMMEND REVISIONS TO POWERS OF ATTORNEY
PETERSON & PETERSON STRONGLY RECOMMENDS AMENDING YOUR POWERS OF ATTORNEY TO PROTECT YOUR LEGAL RIGHTS
BE CAREFUL WITH YOUR MONEY!
If you are married and you receive an inheritance it is your separate property (not subject to distribution between you and your spouse if you divorce) unless you co-mingle the inherited property. If you buy real estate with the inheritance and take joint title with your spouse, the inheritance becomes marital property. The same thing happens if you deposit the inheritance into a joint bank account.
You can protect your separate assets!
PENNSYLVANIA CUSTODY RELOCATION
When parents of children separate and one parent wants to relocate so that the custody arrangement must change, what happens?
In Pennsylvania the Courts follow the case of Gruber v. Gruber, 583 A.2d. 434 (1990). The Gruber case requires that the relocation be in the best interests of the children. The parent wishing to relocate must prove:
1. that the move would substantially improve the quality of life for the relocating parent and children;
2. that the move is not based on a whim or animosity toward the other parent; and
3. that there is a realistic substitute visitation schedule for the non-relocating parent.
If you have questions about how this law applies to your custody situation please contact us by telephone or e-mail to arrange a free initial consultation.