Pennsylvania Family Law Blog

Same sex custody cases have been rare in Pennsylvania but they do occasionally come up from time to time. This article in the Sharon Herald talks about the one such case that has garnered public attention in Mercer County. This case involves Lisa Lewis, a non-biological parent who is seeking custody of a child she helped raise with her same-sex partner.

The article quotes former longtime Common Pleas Judge Michael J. Wherry, who says he has never had a same-sex custody case, but has dealt with non-biological parents like Lewis who seek an “in loco parentis” status for visitation and custody reasons. The term “in loco parentis” is Latin for “in the place of a parent” or “instead of a parent” and refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. A same sex custody case would be handled the same way as when a non-biological parent would seek an “in loco parentis” status. If it is in the best interest of the child, the parent will end up getting some measure of custody but they will need the help of a skilled child custody lawyer.

The Lewis case has proven to be an even more challenging case than anticipated. According to the article, five out of 100 child custody cases may go longer than six months. But most are settled before or after just one custody hearing. But this case has gone longer because of mandatory limits on how long a custody case can proceed. The hearings have reportedly been pushed back further than the 180-day maximum under Pennsylvania law, causing Lewis to re-file her case twice. And each time, she has had to re-establish her “in loco parentis” standing.

Divorce and child custody issues are complicated even when it involves straight couples who are the biological parents. This gets even more complicated when it involves same-sex couples with an adopted child or when one of the same-sex partners is the child’s biological parent and the other is helping raise the child. It takes an experienced Pennsylvania child custody attorney to guide you through the legal process and protect your rights. If you are facing divorce or child custody issues, please call Philadelphia child custody lawyer Sheryl R. Rentz at 610-645-0100 for a free consultation and case evaluation.

Pennsylvania’s Supreme Court has adopted new rules that are designed to speed up court action on the most serious cases involving children. According to this Associated Press news report, these new rules will help children who are involved in cases that concern dependency, custody, adoption, paternity and termination of parental rights. These cases will be stamped “Children’s Fast Track” to make sure that appeals from county courts to state appellate courts are processed quicker.

These rules were apparently developed by a panel with the hope that the changes will help improve the public’s confidence in the judicial system. Cases that involve visitation, child support and delinquency will not be affected by these changes.

These new laws will serve Pennsylvania’s children well. In any divorce or hotly-contested child custody case, it is the children who suffer the most, which is why having a skilled divorce attorney in Pennsylvania makes a big difference. The more long drawn the case is, the more it affects children. They are unable to have the stability they need in their lives. In many serious cases, children may be victims of domestic violence, physical or even sexual abuse. Their lives may be in danger and they may need to be physically removed from such a hostile environment as soon as possible.

By expediting cases that involve children, there is a good chance of resolving them sooner and giving these children that much-needed safety and stability. These young lives could depend on it. If you are involved in a divorce involving children or a child custody battle, you need an experienced Pennsylvania child custody lawyer, who will listen to your side of the story and fight for your legal rights. Please call us today at 610-645-0100 to schedule your free consultation.

The Allegheny County Sheriff’s office arrested a woman who owes more than $40,000 in child support, according to this Associated Press news report. Genevieve Null, 38, of McKees Rocks, fled to Florida but returned to Pennsylvania. Officials have been looking for her for about three years, they said. Null had also been featured on a Sheriff’s Office Web site as one of Allegheny County’s “most wanted.”

Child support, in addition to child custody, is among the most hotly contested issues during a divorce. In some case, parents do not obey the law and fail to fulfill their obligations. The consequences of doing that in Pennsylvania are extremely severe. Seeking a skilled divorce attorney in Philadelphia, PA can help you find a solution to your dilemma.

Amounts owed in back payments of child support are known as “arrearages.” A parent who fails to pay these dues can face a number of penalties including jail time, driving license and passport suspension, seizure of bank accounts or other assets. Your failure to pay these dues may even be reported to credit agencies, bringing your credit rating down.

Pennsylvania law provides for an enforcement application to be filed if your former spouse or partner fails or refuses to pay child support that is owed under a court order. Whether you are a parent who owes child support or a parent who wants to collect child support that is owed, you need to consult with an experienced Pennsylvania child support lawyer to find out about your legal rights and options. If you are in such a situation, please call the Law Office of Sheryl R. Rentz at 610-645-0100 to schedule a free consultation.