Child Custody Archives

Landmark Custody Ruling for Lesbian Couple

Sole versus shared legal custody in Pennsylvania

 Pennsylvania permits varying degrees of physical custody: Supervised custody, partial custody, shared custody, primary custody, and sole custody. Legal custody, however, defined as "the right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions," may only be shared or sole. Shared legal custody requires the parents to cooperate to make these decisions for their children, effectively giving each parent a veto over the wishes of the other parent. The lengths to which sole legal custody extend was explored by the Pennsylvania Superior Court in 2012 in a case called M.P. v. M.P.

To be Or Not to be? The Complications of Reproductive Technology in Family Law Cases

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).

From the Mouths of Babes: Keeping the Best Kids in Mind During Divorce and Custody Cases

"Try not to be that high up to be friends, I want everything to be low, OK? Just try your best...I want you and my dad to be in a place that's settled and be friends." This very mature sounding quotes comes from the mouth of a young six-year old girl wearing a pink fuzzy bunny t-shirt in a recent viral video. This video was captured by Tiana's mother, who is currently engaged in a tumultuous family law proceeding with the child's Father. Cherish Sherry, Tiana's mother, said that this speech from her daughter brought her to tears and reminded her what was most important in all of this, her daughter. Though this video has now gotten tens of thousands of views on Youtube and other websites across the internet, for the family law practitioners amount us, it reminds us that despite how volatile divorce and custody cases can be, the kids are the most important part, and Pennsylvania law backs this up.

Legal Custody Rights for Transgender Children

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.

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