Harrisburg Pennsylvania Family Attorney Blog | Harrisburg Pennsylvania Divorce Lawyers

Ability to Pay Must Be Considered by Court in Making a Child Support Award

By Shaffer & Engle Law Offices, LLC posted in Support on Friday, May 24, 2013

Calcuation of Net Income specifies that the court must consider a realistic ability to pay, not a theoretical one.

By Attorney Alyssa H. Knisely, Child Support Attorney, Harrisburg, PA

In determing the earning capacity of a obligor (person making the payments) of a support order, the court needs to consider what types of employment the obligor may obtain.

Pa. R.C.P. RULE 1910.16-2(d)(4) Specifies as follows:

[T]he trier of fact may impute to that party an income equal to the party's earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity.

In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.

The Annotations to this Rule provide:

Statutory provisions at 23 Pa.C.S.A. § 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support. (emphasis added).

What's the Takeaway?

A court should not be engaging in a hypothetical scenario for an obligor in determing what earning capacity should be assigned. The determination of a parent's ability to provide child support is based upon the parent's earning capacity rather than the parent's actual earnings. For instance, if an able-bodied 40-year-old male is trained as an electrician, he should be assigned an earning capacity based upon his actual wages or what he could realistically earn in the particular field if employed full-time. If, however, he is out-of-work due to an involuntary lay-off, he should not be assigned an earning capacity as if he were working full-time. Likewise, an electrician that is out-of-work should not be assigned an earning capacity of a more highly-qualified profession.

If you have questions or concerns regarding your current child support order and need assistance, you may call Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Support

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Father's Rights in Child Custody Proceedings

By Shaffer & Engle Law Offices, LLC posted in Father's Rights on Wednesday, April 24, 2013

There is no longer a presumption that children should remain with their mother.

By Attorney Alyssa H. Knisely, Family Law Attorney, Harrisburg, PA

Gone are the days of the "stay at home mother" that always gets custody of the children. Fathers have and deserve the same rights as mothers do when it comes for caring for a child. In today's modern world, both parents work to support their families, and in some instances, the stay at home parent is the father, not the mother. This is a significant change in the family dynamic and, unfortunately, the laws have not been able to keep up with the times.

Do Father's Matter in Kid's Lives?

Yes, and having an attorney that will fight for your Father's Rights and who is an experienced Father's Rights advocate is necessary to protect the special bond that exists between a father and his children. Study after study show that there exist a variety of negative effects on children that do not have a father in their life, such as:

Children without fathers are more likely to use illegal drugs, tobacco or use alcohol;
Children without fathers are more likely to be involved in criminal activity;
Children without fathers are more likely to be involved in sex and teenage pregnancy;
Kids without father's are more likely to drop out of school;
Children without fathers are less likely to get a college education;
Kids with no dad are less likely to have higher paying jobs later in life;
Children from fatherless families are more likely to commit domestic violence;
The majority of teenage murderers come from fatherless families.

Without a strong father relationship in a child's life, a child has little chance to succeed and become a productive member of society. Nothing in life is worth fighting for more-this is your child's life and well-being that hangs in the balance. Knowing what the pitfalls are in a case of father's rights and custody is imperative to setting the stage for success.

Common Mistakes Fathers Make:

Moving out of the home where the children live;
Living in a messy home or a studio apartmentwithout sufficient living space for the child(ren);
Moving frequently;
Not holding down a steady job;
Not being involved with their kids' activities;
Not being involved in medical, educational, or religious decisions;
Giving up on their children because the case becomes long and protracted.

In most instances, a father will be able to obtain equal physical custody of a child(ren) where they have been involved with the children and there are not extreme issues, such as domestic violence, long geographic separations, or drug and/or alcohol abuse. You should contact an attorney to discuss your rights and your ability to seek more custody or your kids. You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Custody, Father's Rights

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Review of Child Custody Decisions on Appeal

By Shaffer & Engle Law Offices, LLC posted in Custody on Sunday, February 17, 2013

There is a deferential standard of review for the trial court's findings of fact on appeal. This makes it difficult to win on appeal.

By Attorney Alyssa H. Knisely, Child Custody Lawyer, Harrisburg, PA

I have sometimes run into a situation where my client was unhappy with the outcome at a custody trial and desired to appeal the matter. An appeal of any trial court (court of common pleas) decision on a custody matter will be heard in the Superior Court of Pennsylvania. It is a Court of review. Not one that hears the matter anew. This means, there will be no further proceedings on the matter, testimony, exhibits, just appeal on improper legal determinations or an abuse of discretion when it comes to the facts.

What's An Abuse of Discretion?

In a recent appellate decision by the Superior Court, it stated as follows:

In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion. We must accept findings of the trial court that are supported by competent evidence of record, as our role does not include making independent factual determinations. In addition, with regard to issues of credibility and weight of the evidence, we must defer to the presiding trial judge who viewed and assessed the witnesses first-hand. However, we are not bound by the trial court's deductions or inferences from its factual findings. Ultimately, the test is whether the trial court's conclusions are unreasonable as shown by the evidence of record. We may reject the conclusions of the trial court only if they involve an error of law, or are unreasonable in light of the sustainable findings of the trial court.

C.R.F., 45 A.3d at 443 (citation omitted). We have stated:

[t]he discretion that a trial court employs in custody matters should be accorded the utmost respect, given the special nature of the proceeding and the lasting impact the result will have on the lives of the parties concerned. Indeed, the knowledge gained by a trial court in observing witnesses in a custody proceeding cannot adequately be imparted to an appellate court by a printed record.

A.H., Appellee v. C.M., Appellant, 58 A.3d 823 (Superior Court of Pennsylvania Dec. 18, 2012).

What's the Bottom Line?

It's may be difficult to determine if the trial court abused its discretion. However, more likely than not, an appeal on an abuse of discretion standard is not likely to succeed. The important thing to realize and keep in mind about child custody is that it is forever changing. Gone are the days when the courts were limited on child custody modification proceedings where there was a "substantial change." Now, courts may review, at the request of a party, the child custody arrangement at any time. However, usually one should consider filing for a modification of custody only if there has been something that has changed, such as work schedules, home life or location, child abuse, drug/alcohol abuse or perhaps even the child's preferences.

If you have questions or concerns regarding child custody and modification or an appeal, contact an experienced child custody attorney at Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Court Procedure, Custody

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Does a Parent's Mental Health or Drug/Alcohol Abuse Issues Play a Role in Determining Child Custody?

By Shaffer & Engle Law Offices, LLC posted in Custody on Monday, February 11, 2013

In extreme cases, such as with suicidal or homicidal ideations, mental health may obviously play an important role in determining child custody. However, the courts may order evaluations or assessments in less extreme cases.

By Attorney Alyssa H. Knisely, Child Custody Attorney, Southcentral PA

I have had numerous cases where my client has indicated that the other parent is suffering from depression or anxiety as a result of the divorce or separation. They indicate that they are being treated by a family physician and take Zoloft, Lexapro, Celexa, Prosac, Ambien, Clonopin or one of the many other anti-depressant or sleep aid drugs that are on the market. There is a stark difference between individuals that have "situational depression" or anxiety and are being treated with a prescription medication as opposed to someone who has a history of hospitalizations or actual attempts at suicide. There is little or no issue with those who are being treated and are doing well on the pharmaceuticals prescribed by their doctor. We all have experienced a crisis in our lives, such as divorce or child custody litigation.

What Can the Court Do If There's a Real Concern?

First, asking the Court to intervene in a custody matter and ordering the other party to take a mental health assessment or drug/alcohol evaluation should not be taken lightly. If you were aware of their issues when you had kids with them and, in fact, raised them until recently with all of these issues, the Court will not look favorably on your posturing come custody trial time. Don't put someone through ludicrous allegations of drug use or extreme mental health problems unless you're actually concerned for the health, safety, welfare and best interests of the child(ren). They will likely reciprocate by asking that you do the same assessments and evaluations. It will invariably cost you both a lot of money.

In a proceeding for the custody, partial custody, or visitation of children, the court may order the child or children and/or any party to submit to and fully participate in an evaluation by an appropriate expert or experts. The order, which must be substantially in the form set forth in the Rules of Civil Procedure, Rule 1915.8, may be made upon the court's own motion, upon the motion of a party with reasonable notice to the person to be examined, or by agreement of the parties. The order must specify the place, manner, conditions and scope of the examination and the person or persons by whom it will be made and to whom distributed.

In entering an order directing an evaluation, the court must consider all appropriate factors including the following, if applicable:

The allocation of the costs, including insurance coverage, if any, attendant to the undertaking of the evaluation and preparation of the resultant report and court testimony of any appointed expert;
The execution of appropriate authorizations and/or consents to facilitate the examination;
Any deadlines imposed regarding the completion of the examination and payment of costs;
The production of any report and of underlying data to counsel and/or any unrepresented party upon the completion of the examination; and
Any additional safeguards that are deemed appropriate as a result of the alleged presence of domestic violence and/or child abuse.

They were hospitalized last year- Can We Get Those Records?

Generally, a party may not seek and obtain the psychiatric or treatment records of another party, unless that party waives their right to allow the physician or treatment specialist to disclose the records. This is so because patient records are privileged documents and a doctor, therapist, psychologist or treating party may not release them without either a patient's express written consent or a court order directing them to do so. Further, there is no right of 'discovery' in child custody cases without a court order or the joint agreement of both parties. Rarely, if ever, do courts order discovery in the average custody case.

If you have questions regarding a custody matter where you have concerns about the other parent's mental health status or issues with drugs or alcohol usage, contact an experienced custody lawyer at Shaffer & Engle, LLC toll free or email us today.

Tags: Custody

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Assisted Reproduction Technology in Pennsylvania: Surrogates

By Shaffer & Engle Law Offices, LLC posted in Assisted Reproduction on Saturday, January 26, 2013

Legislation on surrogacy has been proposed in Pennsylvania, but to date without enactment

By Attorney Alyssa H. Knisely, Family Lawyer, Harrisburg, PA

The use of assisted reproduction, also termed alternative, or non-coital, reproduction, has become commonplace, and the breadth of variety of different techniques continues to expand. The term assisted reproductive technology (ART) refers to fertility treatments (or assisted reproduction) in which both sperm and eggs are handled outside the body. Historically, assisted reproduction had its start as medical treatment for infertility. As new techniques have evolved, and as the availability and breadth of services have expanded, so have the scope of indications and uses for assisted reproduction. Infertility continues to be the principle reason, but other circumstances may exist where utilization of assisted reproduction is appropriate.

Situations when Assisted ReproductionTechnology is often used:

One or both intended parents anticipate(s) chemotherapy and resultant sterility;
transgendered individuals contemplating castration (orchiectomy, Tophorectomy) and/or hormonal therapy;
Individuals facing significant risk of fatal injury, such as military personnel assigned to combat theaters;
Individuals with serious injuries, and not expected to survive-typically at the request of family members;
Individuals with HIV infection; or
Simply individuals who wish to defer parenting until after the normal period of fertility has elapsed.

In such instances gametes and/or embryos are being cryopreserved and stored for later use. Indeed, cryopreserved gametes or embryos are being used for reproduction posthumously, sometimes several years after the death or one or both progenitors.

The Use of Surrogates in Assisted Reproduction Technology

Pennsylvania has virtually no statutory law on third party reproduction, i.e. where a person (or that person's spouse) outside a marriage, and who otherwise intends to not be a parent of the child, agrees to provide some biological contribution to the child's existence by means other than sexual intercourse. In vitro fertilization (IVF), sperm and egg donation, and surrogacy are recognized. However, the rights of the individuals involved largely derive from private law in the form of contract, either with the treatment facility, or between or among participants in the assisted reproduction, as well as from the relatively sparse case law, and adaptation of statutory or case law that was formulated before facts unique to assisted reproduction were ever contemplated. Generally, in Pennsylvania, the parentage of children born as a result of third party reproduction, including artificial insemination by donor (AID), is determined in the same way as that of children born out of wedlock. (See link to blog article on Child Custody and Unwed Parents).

As states have developed their own approaches to these problems, very different results have occurred, and consequently, conflicts of laws are bound to emerge as more and more states promulgate legislation, and courts decide cases, sometimes varying drastically from one state to another. Differences in U.S. law and that of other countries are often in direct conflict as well. These differences in law have given rise to the growing practice of cross-border reproduction, also commonly referred to as reproductive tourism.

If you have questions regarding Assisted Reproduction Technology and the law, contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Assisted Reproduction, Custody

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Who Has Standing to Participate in Children and Youth "Dependency Proceedings"?

By Shaffer & Engle Law Offices, LLC posted in Granparent's Custody Rights on Sunday, January 20, 2013

In order to have a stake in the outcome of a dependency matter, one must be a 'party.'

By Alyssa H. Knisely, Grandparent's Rights Attorney, Harrisburg, PA

I have become involved in several cases where my clients do not possess 'standing' and, therefore, the right to 'intervene' in a child depedency matter. To move for intervention in a dependency case, a person is to show an interest in the case that is substantial, direct, and immediate. Under the Juvenile Act, standing is a distinctly legal question that does not address the merits of the adjudication or the propriety of the permanency goal, and the grounds for standing are narrow.

Standing is a Legal Question to Be Determined by the Court

Only a 'party' has the right to participate, to be heard on his or her own behalf, to introduce evidence, and/or to cross-examine witnesses. This Court identified the only three classes of individuals that are conferred standing to participate, introduce evidence, be heard on their own behalf, and cross-examine witnesses during a dependency hearing: (1) the parents of the juvenile whose dependency status is at issue; (2) the legal custodian of the juvenile whose dependency status is at issue, or (3) the person whose care and control of the juvenile is in question. In re J.S., 2009 PA Super 141, 980 A.2d 117 (2009).

The Courts have held that parties who do not have standing in an ongoing dependency proceeding should not be allowed to intervene in such proceeding. By 'standing', the courts mean the right to file pleadings, present evidence, cross-examine witnesses, etc. It means that they can become an active participant in the matter.

Some Examples of Who Lacks Standing from Caselaw

Parties who have been held to lack standing to participate in dependency proceedings include-

The child's biological mother, when her parental rights have been previously terminated, and there is no court order awarding legal custody of the child to the mother at any point after termination of her parental rights. In re D.M., 2010 PA Super 86, 995 A.2d 371 (2010).
The child's foster parents, when they do not have legal custody of child. In re D.M., 2010 PA Super 86, 995 A.2d 371 (2010).
The child's grandparent or grandparents, when they do not have legal custody of the child. In re D.M., 2010 PA Super 86, 995 A.2d 371 (2010).
An aunt that was not in loco parentis at the time of placement into the agency's custody. In the Interest of: G.D.v.D.D., 2013 Pa. Super. LEXIS 67 (2013).

Despite the Right to Legally Intervene There is Much that Can Be Done

Even though a grandparent (natural or step) may not have the right to legally intervene in the child's dependency matter, they may, nonetheless, offer support to the parent or guardian that is attempting to regain custody of the child. For instance, the grandparent may do the following:

Assist in providing financial support to the natural parent or guardian so that they may achieve the goals set forth by the agency;
Advise the Agency that you would like to become a kinship care provider for the child;
Be a daycare provider for the child (if permissible);
Make sure that the parent or natural guardian is taking the necessary steps to ensure that they meet the Agency's goals;
Go to court with the parent to show the Agency and the court that you are serious about your role in supporting the parent/guardian.

If you have questions about a child dependency matter and would like to become more involved, contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Dependency Proceedings, Grandparent Custody

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The Role of a Guardian Ad Litem or "GAL" in Child Custody Proceedings

By Shaffer & Engle Law Offices, LLC posted in Custody on Sunday, December 30, 2012

A GAL may be appointed by the Court upon motion of a party or upon the Court's own motion in child custody matters.

By Attorney Alyssa H. Knisely, Custody Lawyer, Harrisburg, PA

I have been involved in contentious child custody matters where there has been a need for a GAL to be appointed to represent not only the interests of the children, but to provide clarity to the court and make specific recommendations to the court. A GAL is an attorney that is appointed by the court to assist the court and represent the best interests of the children. At times, the "what the children want" and their best interests may not always be the same thing. However, as a GAL, the attorney's job is to balance these two factors.

What the Law Provides

42 Pa.C.S. § 6311(b); Pa. Rule of Juvenile C. P. No. 1154.

The guardian ad litem is charged with representation of the legal interests and the best interests of the child at every stage of the proceedings and must do all of the following:

Meet with the child as soon as possible following assignment and on a regular basis thereafter in a manner appropriate to the child's age and maturity;
On a timely basis, be given access to relevant court and county agency records, reports of examination of the guardians or the child, and medical, psychological, and school records;
Participate in all proceedings, including hearings before masters, and administrative hearings and reviews to the degree necessary to adequately represent the child;
Conduct such further investigation necessary to ascertain the facts;
Interview potential witnesses, including the child's guardians, caretakers, and foster parents; examine and cross-examine witnesses; and present witnesses and evidence necessary to protect the best interests of the child;
At the earliest possible date, be advised by the county agency having legal custody of the child of any plan to relocate the child or modify custody or visitation arrangements, including the reasons, prior to the relocation or change in custody or visitation; and any proceeding, investigation, or hearing under the Child Protective Services Law or the Juvenile Act directly affecting the child;
Make any specific recommendations to the court relating to the appropriateness and safety of the child's placement and services necessary to address the child's needs and safety, including the child's educational, health-care, and disability needs;
Explain the proceedings to the child to the extent appropriate given the child's age, mental condition, and emotional condition; and
Advise the court of the child's wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child's wishes. When appropriate because of the age or mental and emotional condition of the child, determine to the fullest extent possible the wishes of the child and communicate this information to the court. (Emphasis added).

As noted, sometimes the role of the GAL can become conflicted when viewing the commands in (7) and (9) above. Again, the best interests of the children and the individual desires of the children can sometimes be at conflict. However, if there is a true conflict that cannot be rectified, the GAL may ask the court to appoint legal counsel to represent the children's desires specifically.

If you are involved in a contentious custody matter and think that a guardian ad litem may assist you, you should contact an experienced attorney to assist you in your case. You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Custody

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Custody Relocation Proceedings- Protecting The Location of An Abused Spouse or Child

By Shaffer & Engle Law Offices, LLC posted in Custody Relocation on Friday, December 28, 2012

A relocating party may not be required to provide a notification to the non-relocating party that contains a new address, telephone number, etc.

By Attorney Alyssa H. Knisely, Custody Relocation Attorney, Harrisburg, PA

I have come across instances where an abused spouse or parent wants to move to a new location, but does not want to disclose their new address or other contact information for obvious reasons to the other party. The PA Custody Statute has provided for these types of instances. A relocating party may not be required to provide a notification with all of these details to the non-relocating party. The relevant PA Statute provides as follows:

Relocation Proceedings- 23 Pa.C.S.A. § 5337(c)

The PA Custody Statute provides that a relocating party must provide notice of their intended move at least 60 days prior to the non-relocating party. That notice must include under subsection (c), the following:

The address of the intended new residence.
The mailing address, if not the same as the address of the intended new residence.
Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence.
The home telephone number of the intended new residence, if available.
The name of the new school district and school.
The date of the proposed relocation.
The reasons for the proposed relocation.
A proposal for a revised custody schedule.
Any other information which the party proposing the relocation deems appropriate.

This would seem counterproductive for a spouse or parent that wants to relocate in order to get away from an abusive situation. Why would they tell the abusive spouse where they are headed? However, the statute addresses this very concern by providing for the non-disclosure of this information in an abuse situation.

23 Pa.C.S.A. § 5336(b)- Access to records and information

This statute provides as follows:

(b) Nondisclosure of confidential information.--The court shall not order the disclosure of any of the following information to any parent or party granted custody: (1) The address of a victim of abuse. (2) Confidential information from an abuse counselor or shelter. (3) Information protected under Chapter 67 (relating to domestic and sexual violence victim address confidentiality). (4) Information independently protected from disclosure by the child's right to confidentiality under the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act, or any other statute.

Under Chapter 67, the Domestic and Sexual Violence Victim Address Confidentiality Act provides that the Office of Victim Advocate must establish a program to be known as the Address Confidentiality Program. Upon application and certification, persons eligible under the applicable provision of the Act will receive a confidential substitute address provided by the Office of Victim Advocate.

If you are involved in a custody relocation case where you have issues with abuse, you should seek counsel to discuss how the notification proceedings will work. You may not have to notify the non-relocating party of your relocation. You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Custody Relocation

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Paternity by Estoppel- The Birth Certificate

By Shaffer & Engle Law Offices, LLC posted in Paternity on Thursday, December 27, 2012

An acknowledgment of paternity on a birth certificate of a child with an unmarried woman becomes final after 60 days by statute without challenge.

By Attorney Alyssa H. Knisely, Paternity Law Attorney, Harrisburg, PA

I have previously examined paternity matters when they relate to a presumption of paternity if the child is born of an intact marriage (see link to article), when a father confesses to being the father (see link to article), or by something known as "estoppel." (see link to article). However, I want to discuss an issue that is a very specific type of confession or admission by a father. That is, the entry of his name onto a birth certificate at the hospital when the child is born. Once such an "acknowledgement" is signed by the father, it becomes very difficult to challenge after 60 days.

Statutory Guidelines

23 Pa.C.S.A. § 5103. Acknowledgment and claim of paternity

(a) Acknowledgment of paternity.--The father of a child born to an unmarried woman may file with the Department of Public Welfare, on forms prescribed by the department, an acknowledgment of paternity of the child which shall include the consent of the mother of the child, supported by her witnessed statement subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). In such case, the father shall have all the rights and duties as to the child which he would have had if he had been married to the mother at the time of the birth of the child, and the child shall have all the rights and duties as to the father which the child would have had if the father had been married to the mother at the time of birth. The hospital or other person accepting an acknowledgment of paternity shall provide written and oral notice, which may be through the use of video or audio equipment, to the birth mother and birth father of the alternatives to, the legal consequences of and the rights and responsibilities that arise from, signing the acknowledgment.

(b) Claim of paternity.--If the mother of the child fails or refuses to join in the acknowledgment of paternity provided for in subsection (a), the Department of Public Welfare shall index it as a claim of paternity. The filing and indexing of a claim of paternity shall not confer upon the putative father any rights as to the child except that the putative father shall be entitled to notice of any proceeding brought to terminate any parental rights as to the child.

(c) Duty of hospital or birthing center.--Upon the birth of a child to an unmarried woman, an agent of the hospital or birthing center where the birth occurred shall: (1) Provide the newborn's birth parents with an opportunity to complete an acknowledgment of paternity. The completed, signed and witnessed acknowledgment shall be sent to the Department of Public Welfare. A copy shall be given to each of the birth parents.

What Must the Acknowledgment Contain?

This acknowledgment shall contain:

A signed, witnessed statement subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) by the birth mother consenting to the acknowledgment of paternity.
A signed, witnessed statement subject to 18 Pa.C.S. § 4904 by the birth father acknowledging his paternity.
A written explanation of the parental duties and parental rights which arise from signing such a statement.
The Social Security numbers and addresses of both birth parents. Provide written information, furnished by the department to the birth mother and birth father, which explains the benefits of having the child's paternity established, the availability of paternity establishment services and the availability of child support enforcement agencies.

Conclusive Evidence

Notwithstanding any other provision of law, an acknowledgment of paternity shall constitute conclusive evidence of paternity without further judicial ratification in any action to establish support. The court shall give full faith and credit to an acknowledgment of paternity signed in another state according to its procedures.

Rescission- Can The Father Go Back on the Acknoweldgment?

Notwithstanding any other provision of law, a signed, voluntary, witnessed acknowledgment of paternity subject to 18 Pa.C.S. § 4904 shall be considered a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of the following: (i) sixty days; or (ii) the date of an administrative or judicial proceeding relating to the child, including, but not limited to, a domestic relations section conference or a proceeding to establish a support order in which the signatory is a party. (2) After the expiration of the 60 days, an acknowledgment of paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, which must be established by the challenger through clear and convincing evidence. An order for support shall not be suspended during the period of challenge except for good cause shown.

If you have questions concerning paternity or custody, contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: paternity

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Custody Relocation Proceedings- A Look at Specific Factors

By Shaffer & Engle Law Offices, LLC on Sunday, December 2, 2012

The Court must examine the relocation factors closely, not anyone factor takes precedence, however, the Court may accord more weight to one than another.

Attorney Alyssa H. Knisely, Custody Relocation Attorney, Harrisburg, PA

In a prior article, I discussed what "relocation" means in terms of its significance in a Pennsylvania custody matter. (See link to blog article). The Act of 2010, set forth some specific factors that the Court must now consider. Under the provisions of the codified Act, 23 Pa.C.S.A. Section 5337(h), the Court is to consider the following:

(h) Relocation factors.--In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child:

The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life.
The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.
The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
The child's preference, taking into consideration the age and maturity of the child.
Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
The reasons and motivation of each party for seeking or opposing the relocation.
The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party.
Any other factor affecting the best interest of the child.

Again, not all of these factors may be relevant and some may warrant more attention than others. In the case of Price v. Foster, 125 Dauph. 78 (July 20, 2012), a parent was permitted to relocate to Arkansas with their two-year-old over the other parent's objections. There, the relocating party wanted to move to pursue their doctoral program leading to a Ph.D. in criminal justice, which included free tuition, stipend and health insurance. The Court reasoned that the relocating party had ties to Arkansas (family) and an inability to find comparable work in the area (Dauphin County, PA). The benefits that would flow to the relocating parent would also flow indirectly to the child. The Court likewise, considered all of the other factors and held that the move would not be against the child's best interests.

If you have questions about custody relocation, contact Shaffer & Engle Law Offices, LLC toll free or email us today.

Tags: Custody Relocation

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Harrisburg Pennsylvania Family Law Blog

Ability to Pay Must Be Considered by Court in Making a Child Support Award

Father's Rights in Child Custody Proceedings