By: Ashley B. Stitzer, Esquire In today’s world, the traditional family structure continues to change and now takes many different forms. Unfortunately, many grandparents have been faced with becoming the primary custodian of their grandchildren when parents become unavailable to raise their children due to mental health, addiction, abuse, incarceration or other issues. Grandparents are […]
A scheduling order is an order issued by a Judge before trial that sets deadlines on when certain events in a case must occur. Often the most significant deadlines concern discovery and exchange of trial exhibits. Discovery is the process where a party can formally request information that is relevant to the case, such as […]
Parents often ask whether their child has a say in determining custody. In Delaware, the wishes of the child are one of eight factors the Judge must consider in determining custody. In custody cases involving very young children, the wishes of a child are rarely significant. Instead of testifying like any other witness, children are […]
Medicaid long-term care benefits traditionally pay mainly for nursing home care, but the federal government can grant “waivers” to states allowing them to expand Medicaid to include home and community-based services. The downside is that receiving care in a nursing home is an entitlement, while getting care at home is not. Medicaid is a joint […]
We have asked a lot of our seniors over this last year. Stay home, stay safe, and if you’re not already tech-savvy, please quickly navigate the steep learning curve. As an Elder Law attorney, and caregiver for my own grandparents, I want to share a few of the areas where I have personally seen technology […]
By Lance J. Nelson, Esq. In a recent court decision, Pennsylvania joined many other states in recognizing the presumption of paternity in a same-sex marriage situation. The presumption of paternity presumes, that if a woman gives birth during her marriage, her spouse is the other parent of the child. Historically, this presumption has been one […]
By Adesewa K. Egunsola, Esq. For high-income child support cases, the Pennsylvania Supreme Court has held that courts are permitted to perform additional scrutiny of the reasonable needs of the actual children involved in the case. High-income child support cases are classified as cases where the parties have a combined monthly net income (CMNI) above […]
By Lance J. Nelson, Esquire One of the most joyous times in a person’s life is often when their child is born. But, within a marriage, what happens if the husband is not actually the biological father of the child? In Pennsylvania, the law of presumptive paternity is applied. Under the law of presumptive paternity […]
By Patrick J. Boyer, Esquire- Subject matter jurisdiction refers to a Court’s authority to hear a particular case. It can be raised as a defense by any party at any time. In divorce cases, a party must typically be a bona fide resident of the state for six months or more preceding the filing of […]
On Friday, June 14, 2019, MacElree Harvey family law attorney, Patrick J. Boyer will participate as a panelist at the Delaware State Bar Association‘s Bench and Bar Conference. The CLE Breakout Session: “Exploring the Curiouser and Curiouser World of Family Court: A Hands-On Effective Guide to Some of the Most Difficult Adventures in Law”, will […]
