Pennsylvania Family Law Blog

According to an article published at www.publicopiniononline.com, a Franklin County judge gave a toddler’s parents joint custody in a temporary custody order, and then scheduled another hearing to determine permanent custody. The decision was made during a hearing to determine whether Colorado or Pennsylvania has jurisdiction in the case.

The child was born in Colorado but has lived with his paternal grandmother in Waynesboro, Pennsylvania for the last four months. In a special arrangement between the grandmother and mother, the child was to stay temporarily while the mother was on bed rest due to her current high-risk pregnancy. When the mother came to get her son last month to take him home to Colorado, the grandmother refused to turn him over. The father then filed for custody. The father acknowledged that he was not named on the child’s birth certificate and did not have custody of the child. Under the temporary order, the child will be turned over to his mother when she arrives back in Pennsylvania. The article states that a final appealable custody order is expected to be issued August 6, 2010.

If you or someone you love is involved in a custody dispute, we understand that these family matters are almost always emotionally charged. Parents usually need help navigating through Pennsylvania child custody laws. All parties involved in a custody dispute typically need legal counsel and representation. Often, as it is with the child custody case above, paternity issues arise as well. The law offices of Sheryl R. Rentz can facilitate the establishment of paternity as well as the custody agreement. With our many years of experience in Pennsylvania family law and child custody, we have the necessary skills and knowledge for a successful outcome in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source:http://www.publicopiniononline.com/ci_14362629

A Virginia woman failed on Friday to surrender custody of her 7-year-old daughter that she shares with a former lesbian partner of over 4 years, defying a Vermont court’s order. The New York Times reports that the woman was ordered by a Vermont judge to surrender custody of her daughter to her former partner at 1 P.M. on Jan. 1, 2010 at the home of the woman’s parents in Falls Church, VA. However, the Virginia woman failed to show up at that time. The whereabouts of the woman and the girl are unclear at this time and Vermont police will likely issue a warrant for her arrest.

According to The New York Times, the Virginia woman was first awarded custody of the couple’s daughter and her former partner was granted liberal visitation rights. After she repeatedly denied her former partner those visitation rights, a Vermont judge found her to be in contempt of the court and awarded full custody to the former partner in Nov. 2009.

Same sex custody cases have been rare in Pennsylvania, but they do come up from time to time. Same-sex custody cases are handled the same way as when a non-biological parent seeks shared custody. If it is in the best interest of the child, the parent will end up getting some measure of custody.

Child custody issues are extremely complicated. It takes an experienced Pennsylvania child custody attorney to guide you through the legal process and protect your rights. If you are facing child custody issues, please call Philadelphia child custody lawyer Sheryl R. Rentz at 610-645-0100 for a free consultation and case evaluation. The attorneys at the Law Offices of Sheryl R. Rentz are here to help.

Source:http://www.washingtontimes.com/news/2010/jan/02/fairfax-woman-fails-surrender-child-ex-partner/

Police report that a woman accused of kidnapping her children has been arrested after eleven years on the run. An arrest warrant was issued in Spokane, Washington in 1998 for a 48-year-old woman who was recently arrested in her Milton, Pennsylvania home December 29, 2009. She left with the children when her ex-husband was awarded custody after their divorce. The woman claims she was a victim of domestic violence and her children, now 15 and 17-years-old, were sexually abused by their father. Police believe these claims have no merit; however, these kinds of situations are very complex and require thorough investigation.

Even though this kidnapping took place in Washington State, custody disputes are all too common in Pennsylvania. Separation and divorce are difficult enough situations, but when children are involved, emotions can run very high. Nevertheless, it is never appropriate to take a child away from the custodial parent, even if your intention is to protect the child. There can be serious legal ramifications. Obtaining a custody order by a court in Pennsylvania is the key to a secure future custody of the children.

Pennsylvania laws surrounding child custody after a divorce or separation are extremely complex. Finding an experienced Pennsylvania child custody lawyer that can help you with your child custody issues is paramount. Whatever your child custody situation, Sheryl R. Rentz can help you. The Law Offices of Sheryl R. Rentz has successfully handling child custody cases for many years. Contact us today for a free consultation by calling 610-645-0100.

Source:http://www.allvoices.com/news/4899801-woman-arrested-in-pa-on-wash-kidnapping-charges

Anyone who has gone through a divorce and has children is likely to tell you that it takes a lot of heart and courage to fight for what is best for your child. Even when a parent does not receive primary physical custody for their child or children, obtaining visitation rights or joint custody are both very important issues of concern.

A recent article from the New York Times discusses a collection of articles from Working Mother Magazine that address a new and heightened tendency for fathers to be given custody of children over the children’s mothers. Interestingly, as more women have become primary earners in a marriage, more women have seen their husbands receive primary physical custody of their children when a divorce takes place. According to the article, there are approximately 2.2 million divorced women in the U.S. who did not obtain primary physical custody of their children during their custody hearings. Furthermore, at this point, about 50% of fathers who seek primary custody in such divorce cases are granted it.

As numerous social viewpoints about parenting shift, our standards evolve, and the economy fluctuates, the percentage of fathers granted primary custody will rise and will very likely continue increasing in the years to come. The article certainly raises the question as to whether a parent should be granted full custody based predominantly on the idea that the parent who works less is able to spend more time with the children. Consequently, the question as to whether or not the adage “the parent who works more, parents less” is actually true also arises, and needs to be carefully examined in a family court to determine if such an idea is truly in the best interest of the child.

Determining child custody is not taken lightly by either parents or the court system. In fact, there is much to take into consideration when deciding which parent should be granted primary physical custody. Both maintaining employment in order to provide financial support and being available to care for children are a few of the important factors taken into consideration in family law cases.

If you are currently going through a divorce or are thinking that a divorce may be an option for you and your spouse, the Pennsylvania family law attorneys at the Law Offices of Sheryl R. Rentz can ensure that your child receives the custody that is best for his or her well being. For more information about the legal matters surrounding your particular situation relating to child custody, child support or spousal support, please contact Sheryl R. Rentz. Call us today at 610-645-0100 for a free consultation.

Source:http://parenting.blogs.nytimes.com/2009/11/17/more-fathers-getting-custody-in-divorce/

In a previous blog entitled, “Since When is Pet Custody Compared to Child Custody?”, we discussed an unusual case that had gone to trial for the second time over a very loved dog named Dexter. Although we usually hear about former couples or spouses going to court over custody of their children, this case is still significant in that both parties considered their dog Dexter to be like a son. And as it turns out, this case was more concerned with the issue of division of property than it was with actual custody. The Philadelphia Inquirer reported that the Superior Court judge finally made a decision in the case to have the former couple share custody of their property, Dexter the pug, in five-week rotations.

According to the newspaper article, before the couple split, they lived together for seven years in a home they both owned. Although the man involved in the custody dispute claims he should have been given full custody of Dexter because he purchased the dog, took him to the vet, and paid for his food, it was determined that the woman also played an influential role in Dexter’s life by helping take care of him. The judge handling the case made it clear that this was not an official “custody arrangement” because dogs are “just one of many objects to be divided in a breakup.” Although the couple may not agree with this point of view, the judge also referred to Dexter stating, “He might be cute and furry, but he’s still property. He’s no more than that.”

Break-ups are never easy, and can be especially difficult to handle on your own when legal issues pertaining to the division of property/assets and custody are involved. As the case involving Dexter clearly shows, we are often attached to a broad range of “property” that we may feel is worth going to court for in order to make sure it remains ours. However, not every dispute over the division of assets or custody is taken to court.

If you or someone close to you is going through a divorce in Pennsylvania, it is highly likely that the issue of division of assets will arise. To ensure that you fairly receive ownership of property that is yours, it may be in your best interest to seek the legal counsel and representation of a skilled Pennsylvania property division attorney. At the Law Offices of Sheryl R. Rentz P.C., our family law attorneys have the experience and knowledge to handle cases pertaining to the division of property, child custody, child support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation of your family law case.

Most of us know that parents do not need to be blood-related to a child to have a strong bond or to play a vital role in that child’s life, particularly in terms of financial support and emotional encouragement. When a child’s parents get divorced and one of them remarries, there is much to discuss in relation to having a new member added to the family. But do stepparents have the legal right to request or pursue child custody?

When a stepparent has established a parental role in a child’s life who is a minor and it is clear that the relationship is supportive, loving, and healthy, he or she may be able to claim certain rights pertaining to custody. In pursuit of child custody as a stepparent to a minor whom you have a good relationship with, the court will determine if there is in fact an “in loco parentis” relationship, which means whether or not your relationship with the child is like that of a parent. Most importantly, family courts will always make decisions based on what is in the best interest of the child involved in a custody or visitation dispute.

In many cases, a stepparent who has been married to the biological parent of the child they have helped take care of will be granted some form of custody or visitation. However, the grounds for such custody or visitation are greatly influenced by a number of family issues such as if any history of domestic violence exists, whether or not the other biological parent is involved, the relationship between the stepparent and the minor child, the location of where the stepparent lives, and much more.

If you are currently dealing with child custody and/or visitation matters with the stepparent of your child, or if you are a stepparent yourself and would like to learn more about your options for custody and/or visitation, the experienced Philadelphia child custody lawyers at the Law Offices of Sheryl R. Rentz can help you. With our many years of experience in Pennsylvania family law and child custody, we have the skills and knowledge that you need in order to be successful in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source article: http://www.divorcenet.com/states/pennsylvania/pa_art12

For seven years, a 28-year-old father has been doing all he can to get custody of his 7-year-old son, who is currently under the Department of Human Service’s care. However, according to an account, the agency is trying to terminate the father’s parental rights and put the boy up for adoption despite his father’s actions. In April of this year, the man was awarded full custody of his 9-year-old daughter and the current challenge he is facing in getting custody of his son is proving to be highly complex.

The DHS isn’t backing down despite the fact that the 28-year old father has a clean record, a steady job, and a house in West Philadelphia. Despite his stability, the agency stated that the father has failed to attend his bi-weekly visits with his son. In stressing the importance that visitations play in fostering healthy relationships between parent and child, a DHS spokeswoman bluntly stated that “the court is basically looking at the relationship between the parent and the child and that has to start with them seeing each other.” This is information that all parents seeking custody of their children should take note of.

As this Pennsylvania child custody battle demonstrates, the demands of the court system can be elaborate and require a parent to feel as if they are walking on eggshells, afraid to make even a single mistake that may result in losing their child. During such a challenging time, parents are faced with emotions that can leave them overwhelmed, distraught, and confused, all of which may require the assistance of a professional who can offer perspective and bring to light the best legal options to choose from as to how to gain custody.

Whether you are making efforts to get custody of your child from an agency such as the DHS or from the child’s other parent, a skilled Philadelphia child custody lawyer can help gather evidence for your case, as well as assess the legal issues involved. At the Law Offices of Sheryl R. Rentz, our experienced family law attorneys are well-versed in child custody matters and have the knowledge and resources you need to win your child custody battle. Contact Pennsylvania child custody attorney Sheryl R. Rentz today for a free consultation.

A recent article from philly.com reported about a couple that is squaring off in the courtroom for the second time, fighting over custody of six-year old Dexter. Is Dexter their son? Not quite. Dexter is a much loved dog that is apparently worth the extensive hours the former couple has spent in New Jersey courtrooms. The woman claims that the couple referred to Dexter as their son, thus emphasizing the attachment the each party has towards the dog. At this point, neither plaintiff is willing to share him.

After hearing testimony in Superior Court that, while one partner purchased the dog and paid veterinary bills, the former couple lived together and, therefore, both cared for Dexter, the judge ruled that Dexter was joint property, although no final decisions were made. The woman’s claim that she was given permanent custody of the dog when the couple separated was ruled to be unfounded. For now, both attorneys of the former couple will file additional briefs stating their thoughts on who should get the dog and why.

A most unique custody dispute, this couple’s struggle is an example of how emotionally torn a “parent” can feel when someone they love, even if that “someone” does happen to be a dog, may be taken away from them. Although this particular case does not involve children, two people facing the multiple complexities of child custody in Pennsylvania amidst a divorce can often feel overwhelmed and confused just as this “dueling dog couple” feels. First and foremost however, the most important thing when it comes to deciding upon child custody in court is taking into full consideration what is best for the child or children.

Experienced Philadelphia child custody attorney, Sheryl R. Rentz, has been defending the interests of clients in their child custody disputes for many years. Children should always be ensured a safe and loving home after their parent’s divorce or separation. At the Law Offices of Sheryl R. Rentz, our skilled family law attorneys will do everything possible to help you gain the child custody you deserve, making sure that your child’s or children’s happiness is never put in jeopardy. Contact our office today for a free and confidential evaluation.

A Pennsylvania group is lobbying for a change in state law saying courts should choose joint physical custody of children by both parents as the first option during a divorce proceeding. According to an article in the Patriot News, the Pennsylvania Families Association is supporting House Bill 463, which would require judges to first consider joint custody unless there is evidence that one of the parents is not suitable to have custody of the child or it is not in the child’s best interest to do so.

According to this new law, parents would have to submit a “parenting plan” to the court with mediation provided if needed. However, the Pennsylvania Coalition against Domestic Violence states this law would place emphasis on parents’ desires rather than the best interest of the children. Under current Pennsylvania law, the guiding principle for judges is to consider what is in the best interest of the child during a PA child custody dispute.

Joint custody can sometimes be the ideal situation, but in many cases, it is not the best solution. This is especially true in cases where one parent has a job and is stable while the other is not. Whatever your situation, when you are negotiating something as crucial and sensitive as child custody during a divorce proceeding, you need the advice and guidance of an experienced and knowledgeable Pennsylvania child custody lawyer, who knows the ins and outs of the law and can work the situation to your advantage.

Skilled Philadelphia child custody attorney, Sheryl R. Rentz, has years of experience and can handle almost any child custody issue throughout Pennsylvania. You would be well-advised to move forward in making your legal claim in family court after learning about your specific rights and the complex laws surrounding child custody in Pennsylvania. For more information, contact the law offices of Sheryl R. Rentz today.

An interesting case in Bradley County, Tennessee is dealing with child custody procedures used by judges in that county. However, these child custody issues are global and could apply in any state including Pennsylvania. According to this news report, the arguments in this case allege that basic child custody procedures used by judges are unconstitutionally biased in favor of one parent, usually the child’s mother. Many family law attorneys believe that the outcome of this case can affect child custody decisions nationwide because it calls down the authority of the 14th Amendment’s equal protection clause to help fathers who are good parents.

The case in Tennessee has to do with court procedures used in the child custody case of 3-year-old Kate Hopkins, which began in 2007. The case is finally going to trial after more than two years in court and five different judges. One of the procedures that will be challenged in this case is the “80-day rule” created by local judges, which automatically takes effect as soon as a child custody case is filed, allowing only one parent 80 days a year with the child while the other parent is allowed 285 days a year – irrespective of the facts or circumstances of the case. Attorneys are arguing that this rule discriminates against one parent while violating the principle of equal protection and due process because it is done arbitrarily and imposed without a hearing.

We will be watching this case with interest because it could have implications nationwide. According to the Web site Children’sJustice.org, child custody disputes leave nearly 38 percent of dads with no access or visitation rights to their children. Also, four in 10 moms report that they interfered with the father’s visitation to punish him at least once. Half the mothers see “no value” in the father’s continued contact with his children and 70 percent of fathers want more time with their children.

Whether you are a mom or dad, if you are involved in a tough child custody battle in Pennsylvania or any other state, you need a skilled child custody lawyer on your side fighting for your rights and the safety and well-being of your children. If you need help with your situation, please call Philadelphia’s skilled child custody lawyer Sheryl R. Rentz for a free consultation.