Articles by Our Attorneys

The Standard Contact Guidelines are guidelines that suggest provisions for contact, holidays, extracurricular activities, and incidental issues related to custody.  The guidelines are just that—guidelines—based upon assumptions that both parents are able and fit to care for the child.  Second, the guidelines are not legally binding, nor do they create a presumption of shared custody.  If your custody case goes to a hearing before a Judge, the Court will apply the best interest of the child standard, without any presumption on what custody should be.

The Guidelines are useful in that they form a backdrop of what the Court may do if the parents cannot agree on certain issues, like how to share holidays.  If the Guidelines are applied, holidays will be shared on an alternating year on, year off basis.  The Guidelines also create expectations for what should happen in particular situations, such as a medical emergency, or ensuring that children complete homework.

Finally, even when the application of the Guidelines is deemed to be generally appropriate, they can and are adjusted to meet the needs of the particular family.  Holidays can be adjusted, added, and/or dropped.  As guidelines, any provision can be amended or discarded as deemed appropriate by the Court or agreed upon by the parents.

A parent engaged in custody litigation should review the Guidelines and speak to a knowledgeable family law attorney to determine whether and to what extent the Guidelines are appropriate for the case.  Assuming the case is appropriate for the Guidelines, a parent should determine which if any provisions should be changed, and if so, how.

At MacElree Harvey, we have a family law team with several attorneys experienced and knowledgeable in family law.  If you are wondering how the Guidelines could affect your case, you should contact our Delaware office at 302-654-4454.

The link to the standard contact guidelines can be found here: https://courts.delaware.gov/family/visitation/visitation.aspx

An ex parte order is an emergency order issued upon the application of one party before the other party is afforded a chance to respond. Because these orders are only issued in emergencies without the Court hearing from both parties, the movant must demonstrate the likelihood of immediate and irreparable harm in the absence of such an order. In Family Court, these orders are most often issued to protect victims of domestic violence and at risk children, but are not limited to those types of cases.

If a motion for an ex parte order is denied, the case continues to proceed in the normal course of business. If an ex parte order is issued, a hearing will be scheduled in short order to afford the non-moving party a chance to respond. This can either be an interim hearing, most often in custody cases, or a final hearing, most often in domestic violence cases where someone is seeking a Protection from Abuse Order.

A knowledgeable family law attorney can help you determine whether your situation will likely be considered appropriate for an ex parte order. Should you need to file for an ex parte order, a knowledgeable family law attorney can help present your application in a way that highlights the exigency of your situation and the need for an immediate order. If an ex parte order has been granted to the other party, you should seek the advice of an attorney right away. You will have the right to contest the ex parte order, and applicants often present an incomplete version of events in their ex parte filings.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

A scheduling order is an order issued by a Judge before trial that sets deadlines on when certain events in a case must occur. Often the most significant deadlines concern discovery and exchange of trial exhibits. Discovery is the process where a party can formally request information that is relevant to the case, such as documents or answers to questions in writing or orally. Discovery is usually requested from the opposing party but can be requested from non-parties as well. The scheduling order will usually set a deadline when discovery must be completed, and can prohibit discovery outside the timeframe set forth in the scheduling order.

Similarly, many scheduling orders require each side to provide copies of exhibits to the other side in advance of trial. Exhibits not provided in accordance with the scheduling order may not be admitted as evidence, even if they would otherwise be admissible. It is very helpful to have a knowledgeable family law attorney assist you after a Judge has issued a scheduling order. A knowledgeable family law attorney can work with you to seek information through discovery that will help prepare the case for trial or foster settlement. Similarly, a knowledgeable attorney can determine which documents will be admissible at trial, and if so, under what conditions, and select exhibits that will present your case in a persuasive manner.

At MacElree Harvey, Ltd., we have knowledgeable, experienced attorneys practicing exclusively in the area of family law, who have handled numerous cases with scheduling orders. We would be happy to assist with your matter as well.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

It’s 2 a.m. and you are wide awake, stewing. Today your new neighbor had your shared boundary line surveyed – from the look of the metal pins, your neighbor is claiming about two feet of land you’ve always understood to be your property. You feel the urge to get out of bed, march out there and rip out all of the survey pins – why should you make it easy for him to try and take part of your property?

What do you do?

While removing the survey pins might give you instant gratification, it is also illegal. Under the Pennsylvania Crimes Code section titled “Destruction of a survey monument” – sandwiched between more exciting-sounding sections titled “Ecoterrorism” and “Illegal dumping of methamphetamine waste” – it is a summary offense to intentionally remove, destroy, or otherwise interfere with a permanent survey monument such as a pin that was placed by a professional land surveyor. That is just if you had no additional motive for your intentional act. If it is determined that you removed or interfered with a permanent survey monument in order to call a boundary line into question, this could earn you a second-degree misdemeanor.

The potential penalties and costs for removing or interfering with survey monuments are stiff. In addition to whatever criminal penalty is imposed for the offense itself, the Crimes Code also provides that you are liable to your neighbor for the cost of re-establishing the survey monuments by the surveyor. Worse still, the Crimes Code provides that you are liable for “all reasonable attorney fees” – if you think it is expensive to pay your own attorney, just wait until you are also paying for your neighbor’s attorney.

If prosecuted under this section of the Crimes Code, you may argue the affirmative defense that the survey monuments were “improperly placed” by the surveyor. However, it is almost certainly not worth removing the monuments thinking that you will succeed on this defense. First, the surveyor may of course be correct in their placement of the monuments. Second, it is easier and far less expensive to simply not remove the monuments in the first place and, therefore, not be in a position where you are defending against a criminal prosecution while at the same time engaged in a civil action that may need to be filed in order to resolve the underlying boundary line dispute.

So, let’s go back to you stewing in bed at 2 a.m. Instead of marching outside to take out the survey monuments, take a deep breath. Then, once you get some sleep, call a land use attorney. Depending on the circumstances, the attorney may advise you to start by hiring a licensed surveyor to perform your own survey. A civil action may ultimately be necessary to resolve the boundary line if you and your neighbor cannot reach an agreement. However, at least you will not be also be defending against a criminal prosecution for a decision you made while sleep-deprived at 2 a.m.

If you have questions about your rights concerning your property lines or other land use or zoning issues, you may contact Matthew McKeon at [email protected], or by telephone at 610-840-0225. This article provides a general overview of the law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

Many states have abandoned permanent alimony, with only a few states that still award it, you may be wondering where Delaware stands on this matter.  While removing permanent alimony acts as a protection for the payee when they near retirement, at the same time, it is a major concern for the recipient who relies on this support.  For now, Delaware continues to leave the award of permanent alimony to the discretion of the judge.

In Delaware, alimony is awarded during or after a spouse files for divorce.  It is a court ordered payment by the higher earning spouse to a “dependent” spouse.  Dependency is measured against the standard of living established during the marriage.  The Court will also look at ten factors, most significantly, the reasonable needs of the lower-earning spouse, the standard of living during the marriage, and the ability to pay.

For marriages of less than 20 years, alimony can be awarded for 1/2 the length of the marriage.  However, if a couple is married for 20 years or more, then alimony can be awarded indefinitely.

Once awarded by the Court, alimony can be modified upon a real and substantial change in circumstances.  Alimony is also terminated upon the death of either party, the recipient’s remarriage, or the recipient’s cohabitation, the first to occur.  Cohabitation is regularly residing with another adult and holding oneself out as a couple.

Renae Pagano is an associate of the MacElree Harvey Family Law Group. Should you have questions about obtaining or terminating alimony, please reach out to her for more information at [email protected].  Renae can also help you navigate matters involving divorce, property division, prenuptial agreements, custody, child support, and domestic violence.