By litvinovlaw77529470, Jul 20 2018 03:59PM
LITVINOV LAW FIRM WINS AN IMPORTANT CASE IN FRONT OF THE
PENNSYLVANIA SUPREME COURT
On July 18, 2018 the Supreme Court of Pennsylvania entered a unanimous opinion overturning a termination of parental rights for a client represented by the Litvinov Law Firm, LLC.
Attorney Igor Litvinov represented a mother whose parental rights were terminated by the Berks County Orphan's Court on a motion filed by the Berks County Children and Youth Services.
On appeal, Attorney Litvinov argued that the trial court erred by admitting a great number of exhibits without permitting defense to cross examine their authors.
The Superior Court agreed with the trial judge and upheld the termination of parental rights. Attorney Litvinov appealed the case to the Supreme Court of Pennsylvania. The Supreme Court granted a rare chance for review.
Briefs were submitted by all sides and oral argument was held. After a painstaking and thorough review the Supreme Court agreed with Attorney Litvinov's argument.
The Supreme Court over turned the termination of Mother's parental rights and remanded the case for a new hearing. Justice Donohue, writing for the Court, stated that “the right to make decisions concerning the care, custody, and control of one's children is one of the oldest fundamental rights protected by the Due Process Clause.” The Supreme Court reiterated well recognized precedent that a decision to terminate parental rights must be based solely on competent (i.e., properly submitted) evidence.
Attorney Litvinov is proud to have successfully argued the Mother's case in front of the highest court in Pennsylvania.