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Court May Modify Custody Without Petition to Modify

A common issue that faces ­family court judges and attorneys is whether a trial court can modify a child custody order when a matter before the court is not pursuant to a petition to modify custody. Oftentimes, this issue will present itself when a case is in court on a petition for contempt of a custody order or a petition to enforce a custody or...

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Unique Case of Stepparent Owing Child Support to Stepchildren

In Pennsylvania, generally, a stepparent is not liable for child support of his or her stepchildren. The mere existence of a relationship between a child and the stepparent is insufficient to establish a support obligation for the stepparents, even if the stepparent is found to be in loco parentis to the child. The recent Pennsylvania Supreme Court...

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Family Law Attorney Stephanie Winegrad featured in February 2016 edition of Suburban Life, "Setting the Bar"

Obermayer’s Family Law Practice attorney Stephanie H. Winegrad is profiled in Suburban Life /Main Line Chester County Magazine’s (February 2016) cover and in the article, “Setting the Bar.”  Click here to read the article.

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A Look At Filial Responsibility In Pennsylvania And New Jersey

The laws surrounding filial support are complicated, but they are not new. Filial support laws were derived from England’s 16th century “Poor Laws.” At one time, as many as 45 U.S. states had statutes obligating an adult child to care for his or her parents. Some states repealed their filial support laws after Medicaid took a greater role in ...

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Primary Custody of Child Not Required During School Year

In September, I wrote an article regarding the case of W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. 2015), pertaining to the reversal of the trial court's child custody order when the trial court's decision was inconsistent with the analysis of the child custody factors enumerated under the child custody statute. In the case of R.S. v. T.T., 113 A.3d 1...

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Cara Boyanowski Featured in Central Penn Parent

Cara Boyanowski discusses "What is Physical Custody?" in Central Penn Parent. Click here to view the full article.

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Child Custody Order Inconsistent With Factors Analysis Reversed

The recent case of W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. 2015), addresses numerous issues often faced by family law practitioners. The relevant factors of the case are as follows: W.C.F. (the father) and M.G. (the mother) were previously married and had one child. The parents of the mother (who is a native of Malaysia) resided with the parties i...

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All in the Timing: Handling Medical Leaves of Absence in NJ

As soon as an employee in New Jersey requests a leave of absence for medical reasons, several federal and state laws may be triggered. Since compliance with one law does not guarantee compliance with all, employers need to be aware of what they can and cannot do under each law. Below is a summary of each law and some key points employers sh...

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Family Law Attorneys featured in June 2015 edition of Suburban Life, "Anything But Typical"

Family Law Attorneys Stephanie Winegrad, Maris Weiner & Samantha Evian are featured on Suburban Life Magazine's Lower Main Line cover and article "Anything But Typical" (6/25/15)  CLICK HERE to read the article.  

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Jurisdiction, Counsel Fees in Child Custody Revisited by Court

In November 2014, the Pennsylvania Superior Court case of T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. 2014), addressed modification of a child custody order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) where the parties and the child no longer reside in the state that issued the custody order. In September 2014, for the f...

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