When the court attempts to fashion a custody order parents often try to argue for more custodial time by insisting that the child/children prefers to live with them as opposed to the other parent. This begs the question; is a court in Pennsylvania likely to consider a child's preference for one parent over the other?
Almost everyone has seen at least one episode of the Maury Povich Show or Jerry Springer during which the climactic moment is the announcement of whether or not the hero (or sometimes villain) of the episode is or is NOT the father. This scene is usually followed by the gentleman in question celebrating a result he expected accompanied by the plaintive sobs of the mother who was SURE that he was the father and promised he was the ONLY ONE.
Former The View host, Sherri Shepherd may no longer appear on the talk show, yet she remains in the public eye due to her recent appeal to the Pennsylvania Superior Court. Ms. Shepherd's case concerns a baby born to Ms. Shepherd and her former husband via surrogacy.
Family law lawyers are used to battling over custody of children to a point that some of the most extreme cases almost become typical. However, family law and custody is reaching into a new frontier as reproductive technology develops and changes further expanding the definition of children and ultimately the purview of the custody attorney. Leaving the personhood debate aside as it is a more appropriate conversation for our legislators, as reproductive technology expands, family law lawyers and litigants are forced to ask tough questions about whether the division of eggs, sperm and embryos is an appropriate subject for the custody trial or if it's more aptly an issue of property distribution (which complicates the issue for unmarried couples who don't have pending equitable distribution trials).
With the whirlwind of publicity surrounding Caitlyn (formerly "Bruce") Jenner's coming out as transgender, the often overlooked issue of transgendered individuals and transgender children in particular has become hot topic. Of specific importance in the family law community are issues including transgender children's access to resources, support and facilities they need. This can become especially trying for families going through divorce and custody litigation in addition to struggling to adjust to life with a transgender child.
By Lisa Marie Vari on Google+