Hesston Child Custody Lawyer, Pennsylvania
Includes: Guardianships & Conservatorships, Custody & Visitation
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William R. Brenner
Foreclosure, Estate Administration, Guardianships & Conservatorships, Elder Law
Status: In Good Standing Licensed: 28 Years
401 Allegheny St, Hollidaysburg, PA 16648
Profile LAWPOINTS™35/100
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Amy Orr Rosensteel
Adoption, Elder Law, Estate Administration, Guardianships & Conservatorships
Status: In Good Standing Licensed: 34 Years
401 Allegheny St, Hollidaysburg, PA 16648
Profile LAWPOINTS™33/100
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LEGAL TERMS
EMANCIPATION
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order... (more...)
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the 'Emancipation Proclamation.' After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes entirely self-supporting without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.
FOREIGN DIVORCE
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
COMPARABLE RECTITUDE
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that pre... (more...)
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that prevented a divorce when both spouses were at fault.
ACCOMPANYING RELATIVE
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.
PALIMONY
A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other afte... (more...)
A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other after they break up.
PREMARITAL AGREEMENT
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'
PETITIONER
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.
FAULT DIVORCE
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.
SAMPLE LEGAL CASES
Bouzos-Reilly v. Reilly
... Thus, we reverse. [1]. 645 ¶ 2 We recognize that the Uniform Child Custody Jurisdiction and
Enforcement Act ("UCCJEA"), 23 Pa.CS § 5401, et seq., is designed to eliminate a rush to the
courthouse to determine jurisdiction. ... [2] § 5421. Initial child custody jurisdiction. ...
Billhime v. Billhime
... On February 28, 2007, Mother responded by filing a motion requesting that the trial
court relinquish jurisdiction over this child custody action to the Circuit Court for the
9th Judicial Circuit in and for Orange County, Florida. Following ...
AD v. MAB
... 1 MAB ("Father") appeals from the order entered in the Philadelphia County Court of Common
Pleas, which declined jurisdiction in this child custody matter in ... With any child custody case, the
paramount concern is the best interests of the child. Landis, supra, 869 A.2d at 1011. ...
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