Custody
Misnomer commonly used in custody talk among parties to refer to sole or primary physical custody.
What is "Fully Custody"?
An out of court statement offered for the truth of the matter asserted.
What is hearsay?
A frustrated judge sitting on the bench at 930am when a case is scheduled for 9am and no one knows where Plaintiff’s counsel is.
What happens when the attorney arrives late to Court with no notification to Court/opposing party/Counsel?
Other than a fine, imprisonment or probation, two ways the court can punish violations of a custody order.
What is suspend driver’s license and award counsel fees & costs?
The child’s social security derivative benefit is included in this party’s income when determining child support.
Who is the party who is receiving the child’s derivative benefit?
(See Rule 1910.16-2(b)(2)).
The court may appoint one of these on its own motion or on a party’s motion if necessary to determine the child’s best interest.
What is a guardian ad litem?
Documents that are not included in this pleading or submission may not be admitted in a party’s case in chief in an ED/alimony trial.
What is an Inventory or Pre-trial Statement: Pa.R.C.P. 1920.33(c)?
*(If a party fails to file either an inventory, as required by subdivision 1920.33(a), or a pre-trial statement as required by subdivision 1920.33(b), the court may make an appropriate order for sanctions per Rule 4019(c). A party who fails to file a pre-trial statement may be barred from offering testimony or introducing evidence in support of or in opposition to claims for the matter omitted).
The Court continues to send notices to the counsel who claims to be “out of the case.”
What happens when counsel fails to Withdraw their Appearance and is still on the Docket?
The acronym for the statute that provides for enforcement of custody orders between states.
What is the UCCJEA?
If a third party (non-agency) custodian files for child support, this is how the child support allocated between each parent.
What is the children’s parents pay the third party their proportionate share of the basic child support obligation as two (2) separate obligors?
(See Rule 1910.16-1(a)(2)(iii))
If a party wants to object to the Recommendation of a Parenting Coordinator, they must file an objection and request a hearing in this amount of time.
What is 5 days (Rule 1915.11-1(f)(3))?
This person must sign a physician’s verification form.
Who is a treating physician?
(See Rule 1910.29)
The Court gets upset when counsel does not appear, though it continues to send scheduling notice to counsel.
What happens when counsel fails to Appear when their appearance is still on the Docket?
This case holds that there is an enforceable right to parentage under the principles of contract law and seems to indicate an intent-based parentage right exists.
What is Junior v. Glover?
In attributing an earning capacity to a party, you may only have one of these.
What is one full time job.
(Per Rule 1910.16-2(d)(4)(i)(A))
This may be raised by a party by preliminary objection or at a custody hearing or trial or the court may also raise is issue sua sponte.
What is Standing? (Rule 1915.5 (a)(2)-(3))
This Rule, formally known as Rule 1002 - Requirement of the Original, applied only to writings but it may apply to recordings or photographs.
What is the Best Evidence Rule?
The case or issue could have easily been resolved/settled before coming to court.
What happens when counsel or the parties fail to speak with each other prior to the Court appearance to try to resolve the matter?
Under the rules of evidence, unless stipulated to, you must produce evidence sufficient to support a finding that the item is what you assert it to be.
What is authentication?
The time period an obligor has to seek recoupment of a support overpayment/credit when a support order is terminated.
What is one year per Rule 1910.19(g)(2)?
A custody order signed while parents reside in the same residence becomes effective upon either of these events.
What is when one party vacates or exclusive possession is ordered?.
A fact taken as true by the court because it (1) is generally known with the trial court's jurisdiction; or (2) can be accurately and readily be determined from sources whose accuracy cannot reasonably be questioned.
What is Judicial Notice (Pa.R.E. 201)?
A judge is unsure of whether to continue a matter, because the Judge does not know the position of opposing side.
What happens when counsel fails to check with opposing counsel/party when seeking a continuance and indicate the same when requesting the continuance?
This asset provides a fixed, pre-established payment for employees to employees at the time of retirement.
What is a defined benefit plan?
In a multiple family situation, when an obligor’s total support obligation reaches this percentage, the support obligations are adjusted downward proportionately.
What is 50% per Rule 1910.16-7(b)?