An article in Medical News Today highlights a study by University of Washington Associate sociology Prof. Julie Brines and doctoral candidate Brian Serafini that found patterns in the timing of filing for divorce. Specifically, the study found “biannual patterns of filings for divorce – that divorce is seasonal during the periods following winter and summer vacations.” Continue Reading
Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the best interests of the child. But what does that consideration entail?
One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict divorce, parents lose sight of how their behavior towards one another affects their children. Regardless of how contentious the divorce becomes, it is crucial that parents keep children out of the marital conflict as it can have lasting and damaging emotional consequences for the children and legal consequences for the parent. In recent years, courts have adjudicated an increasing number of custody cases involving parental alienation, which is when one parent consciously or unconsciously undermines and interferes with the children’s relationships with the other parent. Continue Reading
Co-parenting a child with a divorced spouse is difficult enough, but what do you do when your divorced spouse is diagnosed with histrionic personality disorder? The characteristics of this disorder are that the person exhibits extreme emotions, self-dramatization, self-centeredness, shallow emotions, and constant approval seeking and attention from others. In most histrionic diagnoses, the person suffering from the disorder is a woman. Continue Reading
Virginia Commonwealth University recently announced the results of a new study examining the battle of nature v. nurture in divorce. According to the new study, “’Genetics, the Rearing Environment, and the Intergenerational Transmission of Divorce: A Swedish National Adoption Study,’ which . . . analyzed Swedish population registries and found that people who were adopted resembled their biological — but not adoptive – parents and siblings in their histories of divorce.” Continue Reading
In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be permitted to relocate out-of-state with a minor child. The Bisbing Court abandoned the two-prong test for relocation which the Court developed in the 2001 case of Baures v. Lewis in favor of a “best interests of the child” standard. Continue Reading
Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of marriage would constitute pre-marital property and any property that was purchased after the parties’ date of separation would constitute post-separation property. Both pre-marital and post-separation property are considered non-marital property and are not subject to equitable distribution in a divorce proceeding. Continue Reading
Obermayer’s Family Law Group partner, Michael E. Bertin authored the following article on child custody.
Two of the most talked about issues among family law practitioners and the bench are child relocation cases and whether custody orders may be modified at contempt hearings. I’ve written numerous times on these issues. Over the years, there have been multiple cases from the state Superior Court that address these issues. Every so often, a case comes down that causes one to scratch his head or provide clarity and further direction regarding issues such as these. Continue Reading.
Child custody and divorce attorney, Michael E. Bertin is a partner at the law firm of Obermayer Rebmann Maxwell & Hippel LLP. Mr. Bertin is co-author of the book Pennsylvania Child Custody Law, Practice, and Procedure. Mr. Bertin was selected by Best Lawyers in America and is a Fellow of the American Academy of Matrimonial Lawyers, a former Chair of the Family Law Section of the Philadelphia Bar Association, the current Co-Chair of its Custody Committee, and held the officer position of Secretary of the Family Law Section of the Pennsylvania Bar Association. Mr. Bertin works out of Obermayer’s Philadelphia and Conshohocken, PA offices and he can be reached at 215-665-3280 or at firstname.lastname@example.org.
Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses. These additional expenses include (a) Child care expenses (b) Health Insurance Premiums (c) Unreimbursed Medical Expenses (d) Private School Tuition, Summer Camp, Other Needs and (e) Mortgage Payment adjustments. Typically, these expenses shall be allocated between the parties in proportion to their respective net incomes. Continue Reading
What happens when your former spouse or ex-partner refuses to comply with a court order? After going through a difficult court proceeding and draining your bank account to pay legal fees, it is very frustrating when the adverse party refuses to cooperate. A court order can feel meaningless. Here are a few things that you can do: Continue Reading