Category Archives: Family Law

IS A PRENUPTIAL AGREEMENT NECESSARY?

BY ROCHELLE BOBMAN, ESQUIRE A Prenuptial Agreement (“ prenup”) or antenuptial agreement is a contract entered into prior to marriage which provides for the division of property and spousal support/alimony in the event of divorce or death. It can also determine how finances will be handled during the marriage. In the absence of a prenup, […]

Categories: Family Law

REMOVING A SPOUSE’S NAME FROM A MORTGAGE OBLIGATION

When spouses who are jointly obligated on a mortgage are going through a divorce, options with regard to the existing mortgage are very limited. A refinance by one spouse will effectively remove the other spouse from the mortgage obligation and may result in a cash buyout if there is sufficient equity in the home. Sale […]

Categories: Family Law

RIGHTS OF GRANDPARENTS UNDER PENNSYLVANIA CUSTODY LAW

Grandparents custodial rights were clearly defined by the enactment of the 2011 custody statute and modifications to the Rules of Procedure. A grandparent may file for custody only if he or she is “in loco parentis” to the child (acting as parent to the child), or if he or she can prove that the relationship […]

Categories: Family Law

HOLIDAYS AND VACATIONS

Most Custody Agreements provide for an odd/even year designation with regard to holidays and special events. This helps the parents and the court, if necessary, keep track of who has custody for a particular holiday for a given year and provides the parents with the ability to make plans in advance.  The Custody Agreement should […]

Categories: Family Law

CONTINUING OBLIGATION TO REPORT CHANGES IN INCOME

If you are paying support through a domestic relations department, you have an affirmative duty to report in writing material changes in income.  If you are receiving support paid through a domestic relations department, you should file a Petition to Modify immediately after learning of any misrepresentation in income by the other party. Delay in […]

Categories: Family Law

CHILDREN OF DIVORCE

I’ve been doing a lot of weddings recently that involve children from previous marriages.  I wrote this piece to serve as a reminder to parents who divorce to be hyper-vigilant in helping children to process their experience of the family breakup.   I had feedback from a friend who was reluctant to pass this article along […]

Categories: Family Law

PRESERVING TEXT MESSAGES FOR USE IN COURT

“…In family law, parties frequently have to prove what information has been exchanged between two spouses.  When the parties communicate via letter or e-mail, it is easy to produce reliable evidence: just photocopy the letter or print the e-mail message.  Text messages, however, are not quite so easy.  It is not practical to physically take […]

Categories: Family Law

PENNSYLVANIA CHILD CUSTODY LAW

Pennsylvania has always used the “best interest of the child” test as the guiding principle in making custody determinations. In 2011, the custody laws in Pennsylvania were changed. Although the courts use the “best interest of the child” test, the new statute, and rules of procedure which became effective in 2013, require the court to […]

Categories: Family Law