Author Archives: Todd Spivak and Rebecca Canterbury

Child Custody in Allegheny County (Part 2 of 7)

Posted on December 1 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here.

The custody mediation session gives parents an opportunity to meet with a trained mediator to address issues related to meeting their child(ren)’s needs and to finalize a custody arrangement. Neither children nor attorneys participate in the mediation. Parents meet with a mediator for about two hours to discuss approaches to a successful parenting plan.

The goal of mediation is for parents to create their own custody plan, called a Memorandum of Understanding. Mediation is not therapy and does not include legal advice. Rather, the mediation process encourages adults to work together and to be responsible for their own parenting decisions.

Mediation sessions are confidential. The discussions during mediation cannot be recorded or copied. The mediator cannot be required to testify in court. Mediators are often attorneys or mental health professionals with advanced degrees, in addition to having basic and ongoing advanced training in mediation.

To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 1 of 7)

Posted on November 26 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session.

The educational seminar, which takes place at Wightman School Community Building in Squirrel Hill, is approximately three hours in length and aims to offer parents the skills to reach their own resolution on custody issues. The seminar addresses several topics, including: building a co-parent relationship; developing ways to communicate and problem-solve; helping children cope effectively with their changing family; and identifying how parent conflict can affect the behavior of children.

The educational seminar is also required for children ages 6 to 15, who are grouped by age so that they can identify and share with other children similar experiences in their families. These groups are facilitated with activities, discussions, art, music and play.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Dave Wins PFA Hearing, Seeks Custody of Kids

Posted on November 14 2013 by Todd Spivak and Rebecca Canterbury

After 17 years of marriage, Tara decided she wanted a divorce from her husband Dave (not their real names). He suggested marriage counseling, if only for the sake of their teenage children, but Tara refused. “I’m going to destroy you in court,” she snapped at him. One morning, after several days of getting the silent treatment from his wife, Dave lost his cool and slammed the palm of his hand against the kitchen stove. Tara went to the county courthouse and received a temporary Protection From Abuse (PFA) order against her husband.

Later that day, a police officer arrived at their home and handed Dave the restraining order, which stated that he was evicted from his home, effective immediately, and that he could not have any contact whatsoever with his wife or kids until the PFA hearing. Emotionally devastated, Dave scrambled to find a friend or relative to take him in for a few weeks.

Seeking an experienced PFA defense lawyer, Dave retained Spivak Law Firm to represent him. Dave had never been apart from his family for so long. Feeling anxious and estranged, he attended his PFA hearing with a feeling of dread. Tara wanted a three-year PFA, the maximum duration allowed by law. We requested a hearing before the judge.

Tara testified that she and was afraid of Dave, but on cross-examination she admitted that Dave only hit the stove – not her or the children. Tara then testified that she never cheated on Dave, which damaged her credibility when Dave’s attorney produced love letters that she had recently written to another man. In the end, Tara confessed to simply wanting Dave out of the house so she could pursue her new love interest.

After a brief recess to consider all the evidence, the judge denied Tara’s request for a final PFA. Feeling relieved, Dave smiled for the first time in weeks. Dave and his attorney then left the courtroom to discuss their next legal actions: expunging the PFA from his record and filing for shared custody of the children.

Spivak Law Firm has extensive experience defending people against domestic-abuse accusations and asserting child custody rights. To speak with a Pittsburgh family law attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

DUI Hotel Gains Popularity in Allegheny County

Posted on November 6 2013 by Todd Spivak and Rebecca Canterbury

The Allegheny DUI Alternative to Jail Program, known as DUI Hotel, has recently celebrated its third year. Started in October 2010, the program offers first-time DUI offenders the option of spending four nights in a hotel taking educational classes and group therapy sessions rather than up to 72 hours in jail.

Since its inception, more than 1,500 people in Allegheny County have chosen DUI Hotel. The program enables participants to complete their sentences in just four days without having to serve any probation. Participants pay $500 for the program; the hotels contracted to house the participants are located in Oakland and West Mifflin.

To speak with a Pittsburgh DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What is Family Law?

Posted on November 1 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong, compassionate, and cost-effective representation in all family law issues. Family Law comprises a wide array of legal matters, including:

Divorce Litigation In conventional divorce litigation, parties file suit and use the court system as a framework for litigating and negotiating issues including property division, alimony, child custody, and child support. Spivak Law Firm handles divorce litigation; we are also certified in divorce mediation and collaborative divorce.

Child Custody Child custody refers to both major decisions regarding the child as well as where the child resides. At Spivak Law Firm, we handle all child custody matters, including: custody complaints, custody conciliations, custody trials, custody modification hearings, and custody relocation hearings.

Protection From Abuse (PFA) A PFA is a no-contact order that aims to protect victims of domestic abuse. Pennsylvania law defines domestic abuse broadly to include physical and sexual assault, harassment, and stalking. Spivak Law Firm provides strong representation for both defendants and plaintiffs in PFA cases.

Juvenile Delinquency This refers to the process of adjudicating juveniles accused of crimes. At Spivak Law Firm, we handle all juvenile law matters and routinely accept juvenile court appointments from the Allegheny County Office of Conflict Counsel.

Child Support Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. In Pennsylvania, judges apply statutory guidelines to determine the amount of support payable for each child. This formula is based on several factors, including monthly after-tax incomes of the child’s parents.

Spousal Support, Alimony Pendente Lite (APL), and Alimony These refer to financial support given by one spouse to another. Spousal support and APL are based on a fixed percentage of the differences in the net incomes or earning capacities of the spouses. Alimony is based on the reasonable needs of the dependent spouse.

Paternity Paternity testing may be required to determine the identity of a child’s father. Establishing paternity affects several other family law issues, such as asserting custodial rights and seeking child support payments.

Divorce Mediation A divorce mediator is a third-party neutral who aims to help parties resolve all issues related to the divorce without the financial and emotional cost that often accompanies divorce litigation. Spivak Law firm is trained and certified in divorce mediation.

Collaborative Divorce This relatively new and progressive means of divorce avoids the courtroom in favor of allowing parties to work out agreements with the help of their attorneys. Spivak Law firm is trained and certified in collaborative divorce.

Equitable Distribution of Marital Property This refers to the formal court process for dividing marital assets and debts based on principles of fairness.

Adoption There are many different types of adoption, including stepparent adoption, grandparent adoption, second-parent adoption, international adoption, and surrogate-mother adoption.

Estate Planning Estate planning includes the preparation of various important legal documents, including: wills, trusts, special-needs trusts, and powers of attorney for finances, health care and mental-health care.

To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Who Can File for Child Custody in Pennsylvania?

Posted on October 25 2013 by Todd Spivak and Rebecca Canterbury

To seek custody rights over a minor child, a person must have “legal standing.” A child’s biological parents have legal standing to file a custody action. Who else can file for custody? A person who has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time may have legal standing. Additionally, grandparents may have legal standing to seek custody of their minor grandchildren in limited circumstances as described here.

Spivak Law Firm provides strong, compassionate representation in child custody matters. To schedule a free consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Goals of ARD in Allegheny County

Posted on October 22 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, the Accelerated Rehabilitative Disposition (ARD) program is commonly offered to most first-time, non-violent offenders. If participants complete the program’s requirements, they may get their criminal records expunged or erased. There are five goals of the ARD program:

(1) Clean Slate: To provide first-time, non-violent offenders an opportunity to have their criminal charges expunged

(2) Atonement: To hold offenders responsible while providing them an opportunity to atone for their criminal behavior

(3) Rehabilitation: To provide offenders with treatment options

(4) Restitution: To restore the financial burden incurred by the victim

(5) Efficiency: To enable the courts to dispose of cases in a cost-effective manner

To speak with a Pittsburgh criminal attorney, call Spivak Law Firm at (412) 344-4900 or toll fee at (800) 545-9390.

What If Your Ex Violates the Custody Order?

Posted on October 12 2013 by Todd Spivak and Rebecca Canterbury

You have a child custody order, but your ex continually violates it. Maybe your ex withholds the child during your custody time or fails to return the child on time. Or maybe your ex unilaterally makes big decisions about where the child goes to school without receiving your input or consent. What can you do?

When a child custody order is entered, family courts expect both parents to comply with its terms. You may seek to hold a non-compliant parent in contempt of court. If a parent is found to be in contempt for failing to follow the court order, the other parent may be awarded make-up time for the missed visits as well as other sanctions such as payment of attorney fees.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Improving Justice for Juveniles in Pennsylvania

Posted on October 7 2013 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Supreme Court has adopted new rules for the state’s juvenile courts in response to the despicable “kids for cash” scandal that led to federal convictions for two Luzerne County judges. The new rules, which were based on recommendations from the Interbranch Commission on Juvenile Justice, include as follows:

Limiting the use of restraints on a juvenile in the courtroom;

Requiring juveniles to have an attorney present during court proceedings;

Establishing an extensive question-and-answer process with the judge before a juvenile can enter a plea agreement; and

Creating an expedited appeal process when a juvenile is removed from his or her home as a sentence.

The new rules are a direct response to the “kids for cash” scandal, in which two Luzerne County judges had accepted more than $2.5 million in kickbacks from private juvenile facilities from 2003 to 2008. The judges had removed some 2,500 juveniles from their homes for minor offenses and sent them to juvenile facilities in exchange for money.

To speak with an Allegheny County juvenile law attorney, call Spivak Law Firm at (12) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Wins Summary Trial

Posted on October 2 2013 by Todd Spivak and Rebecca Canterbury

It was St. Patrick’s Day, and Sam (not his real name) and his wife went out with some friends to a bar on Carson Street in Pittsburgh’s South Side to celebrate. The place was noisy and crowded. They were there for maybe half an hour when a bouncer grabbed Sam and told him to leave for pushing a waitress. Sam had no idea what the bouncer was talking about. Neither did his wife, who was standing beside Sam the entire time. Sam was naturally upset; he ignored the bouncer. A police officer then led Sam outside. Sam protested that he didn’t push anybody, but the officer cuffed him anyway.

Months later, Sam appeared with his attorney from Spivak Law Firm for a summary trial at Pittsburgh Municipal Court downtown. Sam faced charges of public intoxication and defiant criminal trespass. Sam wanted to fight these charges, which he felt were unfair. He also did not want any convictions on his record. At the courthouse, the arresting police officer refused to drop the charges, so we asked for a hearing. In the end, the judge dismissed the charges.

“Mr. Spivak was very responsive to all my questions and concerns,” said Sam. “His professional demeanor was excellent in court.”

Many people charged with summary offenses make the mistake of pleading guilty rather than fighting the charges. Spivak Law Firm provides strong, aggressive defense for people facing criminal charges. When the charges are dropped, we also help to erase our clients’ criminal records by petitioning the court for an expungement.

If you’ve been charged with a crime, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.