Bethel Park Family Law
Stalking and PFAs in Pennsylvania
A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker, even if the police did not see the stalking behavior. You will need to prove the following two things in order to get a PFA:
- You are either related to the stalker, married or previously married to the stalker, you have a child with the stalker, or you have an intimate relationship with the stalker (either sexual or dating); and
- You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury.
Once you get a PFA, you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Don’t Let A PFA Stop You From Being A Parent
Under Pennsylvania law, you can file for custody even if there is a Protection From Abuse (PFA) restraining order against you. If the PFA does not allege abuse against a child, you may even be entitled to primary or shared custody.
If the PFA does include allegations of abuse against a child, you still may get time with your child depending on the circumstances. In such cases, there may be a period of time where your custody visits are supervised. But supervised custody tends to be temporary, so hang in there and you’ll eventually see your custody time increase.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all PFA and child custody matters. We represent clients in Pittsburgh and all nearby counties including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Call us at (412) 344-4900 or toll free at (800) 545-9390.
A Brief History of Child Custody
In child custody cases today, both parents increasingly enjoy significant amounts of parenting time. Recent studies show that child custody norms are changing significantly in the 21st century, with the proportion of parents sharing custody rising dramatically.
Historically, shared custody was never the norm.
In colonial times, American Courts followed the English common law rule that upon divorce the father retained custody of the children. Fathers had the right to the physical custody, labor and earnings of their children in exchange for supporting, educating, and training them to earn their livelihoods. At that time, mothers did not have legally enforceable parental rights.
This bias toward men flipped in the early 20th century with two cultural transformations: the industrial revolution’s remaking men into marketplace wage earners and the emergence of women as domestic caregivers. Under the “tender years” doctrine, custody of young children was almost exclusively awarded to mothers upon divorce.
Mounting divorce rates in the 1960s and ensuing decades provoked a lively debate about parental roles and custody issues. The movement for gender equality, along with the rise of fathers’ rights groups, called attention to the importance of both parents in the care of children.
In most states today, including Pennsylvania, the standard for deciding custody cases is based on the best interests of the child. This standard opens up the possibility of excessive judicial discretion as well as a threat of inconsistent rulings, resulting in hotly contested custody battles.
But it has also led to the rise of shared custody orders, as judges increasingly follow the recommendations of family psychologists who espouse the benefits to children who have equal time with both parents.
To schedule a free consultation with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
3 Types of PFA Orders in Pennsylvania
There are three types of Protection From Abuse (PFA) Orders:
- Emergency PFA Orders are issued by a District Justice when the Court is closed during non-business hours. An emergency PFA Order expires at the end of the next business day for the Court.
- Temporary PFA Orders are issued by the Court of Common Pleas until a final hearing can be held, which is scheduled within ten business days.
- Final PFA Orders are entered as a result of an appearance before the Court where both parties have the chance to be heard by the Judge.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Ray Rice Video Shines Light on Domestic Abuse
The Baltimore Ravens released Ray Rice after the media obtained a long-awaited video of the star running back brutally punching his then-fiancee.
Rice escaped criminal charges of aggravated assault, but his career in the NFL may be over. The NFL, which initially issued a mere slap on the wrist with a two-game suspension, has suspended Rice indefinitely.
The incident has focused the entire country’s attention on the prevalence of domestic violence.
Spivak Law Firm provides strong advocacy for plaintiffs and defendants in Protection From Abuse (PFA) and criminal domestic violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Why Having a Will is Essential in Pennsylvania
Your last will defines what you want to give, where you want it to go, and how you want your last wishes carried out. The key to a will is to keep it up-to-date about you and your life. A will that is clearly defined and current is the best piece of legal work that you have that can be used to honor your wishes.
With the help of a will, you will be able to clearly define your loved ones’ futures. If you forget to go back to your will and include your newest grandchild, or you forget to make changes to your child’s college education requirements, they may end up losing out. If something changes down the road, include it in your will. You should come back to your will each year to consult it and consider any necessary changes that need to be made.
To speak with a Pittsburgh attorney about drafting your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Phone Rules for Parents Who Share Custody
There are no specific rules on how to maintain contact with your children when they are with the other parent. It depends on the age of the child, the relationship the child has with the parent, the individual characteristics of the child, and the relationship the parents have with each other. Some children want a phone call and enjoy speaking to the other parent. Other children are not verbally expressive, which makes phone conversations frustrating and difficult. Family therapists recommend abiding by the following phone rules:
- There should be an effort by both parents to allow contact between the child and the other parent, especially if that’s what the child genuinely wants
- The younger the child, the more contact is preferred
- When a parent calls to speak to his or her children, have the children take responsibility for answering the phone or returning the call
- Do not use the phone to intrude on the child’s time with the other parent or to maintain influence over the child when the child is in the other home
- Do not use the phone to have the children spy on the other parent and report all the “bad things” that are going on
- Use the phone in a way that serves the child’s needs, not the parent’s need to continue to influence the child and to interfere with the child’s relaxation and enjoyment of time in the other parent’s house
To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Shielding Kids In High-Conflict Divorce
Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.
When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.
To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Helping Children Cope With Divorce
Moving between homes can be a stressful time for children. The easier a parent can make it, the better it is for them. Transition can also be difficult for you as a parent, because you’re giving up your children for a period of time. Family therapists encourage divorced parents to give their children “adjustment time” when transitioning between homes. Here are some tips for easing the transition:
- Give children something to look forward to when they come home, for example: a special snack, alone time, a TV program to watch, and so forth.
- Involve your children in what they need to do when they come home, for example: reading, doing homework, checking email, etc.
- Ask your children if there’s anything you can do to make it easier.
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Brainwashing Children in Custody Battles
Parent alienation syndrome often occurs in the most bitter and hard-fought custody battles. In this scenario, one parent becomes obsessed with destroying a child’s relationship with the other parent when there is no good reason to do so. Alienation can be mild, moderate, or severe. A parent is engaging in parent alienation anytime children hear him or her speak in a negative way about the other parent.
In extreme situations, children are turned against a healthy parent. The children’s will and choice are removed from them through a form of brainwashing. This is a serious form of child abuse, because if isn’t stopped, the children may be headed for psychiatric disturbances, failed relationships, and dysfunctional lives in which they may pass the behavior on to their own children.
To speak with an experienced child custody and family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.