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April Marie Townsend

April Townsend’s Legal Guides

12 total


  • Overview of Common Law Marriage

    Moser v. Renninger, 2012 PA Super 59 (2011) discusses theprocedure and timing for establishing or challenging the existenceof a common law marriage.Common law marriage could be established in Pennsylvania up untilJanuary 1, 2005. All common law marriages established before that d...

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  • Support/Custody in context of sperm donor

    In Ferguson v. McKiernan, the Pennsylvania Supreme Court set the guidelines for the treatment of support and custody in the case of a child brought about through reproductive technology. In Ferguson, the mother sought child support payments from the sperm donor. The sperm donor a...

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  • Testimony in Custody Cases

    The standard for custody determinations in Pennsylvania is the "best interests of the child." Accordingly, when proceeding with a custody matter, it is important totake testimony from allpersons whomay affect the best interests of the child in question. "[I]n order to assess the ...

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  • Factors in Custody Relocation

    The new custody laws include a section devoted entirely towards relocation (23 Pa.C.S. 5337). Accordingly, when either parent wants to relocate a significant distance from the other parent, they musteitherget the other party's consent or petition the court for approval. If the ma...

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  • Disclosure in Support

    Support in Pennsylvania is determined by the state guidelines. The income of both parties is considered in determining what the correct amount of a support award should be. Therefore, it is imperative that both parties fully and accurately disclose their incomes. Additionally, un...

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  • Social Security Benefits to Spouse or Former Spouse

    A spouse can receive up to half of the retirement/disability benefit being paid to the primary recipient. There are certain guidelines, however, to be eligible to collect benefits. To receive benefits as the spouse of a recipient, one must be at least 62 years old. You can also r...

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  • Military Pension and Survivor Benefit Plans

    A spouse is entitled to their share of the military pension no matter how insignificant. Many parties will be deterred from seeking a share of their spouse's pension becauseof the 10 year rule. The 10 year rules provides that the parties must have been married for 10 years and th...

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  • Recusal

    Burden on Moving Party The party requesting recusal has the burden to produce evidence establishing bias, prejudice or unfairness. Standard The party requesting recusal must show that the bias, preju

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  • Custody Appeals

    Being that custody involves a "best interests of the child" analysis, custody orders are always subject to change. This fluid concept in custody raises some issues as far as when an appeal can be taken. Generally speaking,a party has a right to an appeal aftera final order has be...

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  • Relocation under the new Custody Law

    In General Relocation is a change in residence of the child which "significantly impairs" the other parents right to exercise custody rights. The courts will have to establish through case law what c

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