Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Pittsburgh Child Custody Lawyer

Despite PFA, Man Guns Down Ex-Girlfriend

Man hitting table with fist, close-up

A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.

But sometimes a PFA is just a piece of paper.

Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.

Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.

But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.

“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.

Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

The Needs and Rights of Children

dandelion wishing blowing seedsIdeally children should be parented cooperatively. They should be permitted and encouraged to form the best possible relationship with both parents and develop health connections with the families of both parents as well. If children feel safe and secure in their primary relationships, they are likely to be successful, happy, and well-adjusted. The goal is to establish a base from which children can continue their uninterrupted healthy growth patterns.

Every child has the right to:

  • Develop a relationship with both parents
  • Exist in a world free of parent-driven conflict
  • Go back and forth to visit freely between both parents
  • Spend time and engage in activities with both parents
  • Have a comfortable and safe space in both homes
  • Expect consistent behavior from both parents
  • Have the major issues (medical, legal, educational) shared with both parents
  • Not ever be put in a position to choose between their parents
  • Sometimes make their own choices and to be heard
  • Be a child

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

A Parent’s Responsibilities

Custody Pic5Every parent has the responsibility to:

  • Engage in the best possible cooperative parenting partnership
  • Encourage and promote their children’s relationship with the other parent
  • Make and keep appropriate custody and visitation schedules
  • Develop their own parenting style and not deliberately interfere with the other parent’s parenting
  • Provide private and comfortable space for their children in their home
  • Provide good, safe, and appropriate child-care when parents cannot be available
  • Communicate with the other parent about legal, educational, medical, and financial needs
  • Support their children’s participation in educational or extra-curricular and community activities

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

Are You A Victim Of Stalking?

PFA Pic2Stalking frequently occurs when someone tries to leave an abusive relationship. Statistics show that 60 percent of female stalking victims are stalked by their intimate partner.

If you are a victim of stalking, you may file a police report and/or obtain a Protection From Abuse (PFA) Order. It may also be helpful to have an attorney send the stalker a defiant trespass letter telling them that:

–You do not want contact with them

–You do not want them near your home, work, or school

Such a letter from an attorney is most effective if you can prove that the stalker received it and the police get a copy. If the stalking continues, you may then have a strong criminal case against your abuser for stalking, harassment, and defiant trespass.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including: PFA hearings, criminal hearings, child custody hearings, and CYF hearings.

For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Spanking Kids Yields Negative Results

Custody Pic3Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.

Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:

  • Increased risk for physical abuse
  • Learning that aggression is an acceptable method of problem solving
  • Experiencing physical and emotional pain, which decreases learning capacity
  • Being less likely to learn why a certain behavior or action was wrong
  • Behaving out of fear in the future

Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.

Spivak Law Firm handles all family law matters with a focus on child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody Mediation In Allegheny County

Custody Pic9In Allegheny County, any parent who files for custody of their child must engage in mediation with the other parent, unless there was domestic violence.

Mediation is a structured problem-solving process to make informed decisions through an impartial third party. The mediation program in Allegheny County is based on the belief that parents are the best experts to make decisions about their children.

Parenting agreement decisions reached through mediation work better and last longer than decisions made by someone in the court. The goal of the custody mediation session is to give parents an opportunity to communicate cooperatively toward solutions that will best meet their child’s needs.

The mediator’s role is to remain neutral and to assist both parents in negotiating options that will work for their family. Mediators are accustomed to working with people who feel hurt, frustrated, and often angry. The mediator can assist in refocusing the parents’ issues toward their children and their family.

Mediation is an alternative to the legal process that intends to be empowering, educational, and confidential.

Spivak Law Firm handles all child custody matters. Our attorneys are skilled trial lawyers and effective negotiators trained in mediation. Call us at (412) 344-4900 or toll free at (800) 545-9390.

How Family Partnerships Benefit Children

Custody Pic5You may not like the other parent, you may not trust or respect the other parent, but you should learn to work with him or her for your children.

It is easy to blame the other parent for anything that has gone wrong; you may even wish the other parent would disappear. Parenting, however, is about you, the other parent, and families learning to work in a business-like, cooperative relationship.

Good family agreements allow you to set rules about working together. Every successful business needs to have a good business plan with specific goals.

A family partnership is a limited partnership or business consisting of two parents or other family members. The goal of this partnership is to nurture relationships.

Sometimes businesses must continue to operate under difficult circumstances. Feelings do not enter into professional business negotiations. Polite, courteous, and unemotional communication is most effective.

Children need a working, respectful, and cooperative relationship between their parents and families. Although your adult relationship may no longer exist with the other parent, your family partnership will last forever.

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

Shared Custody Requires Good Communication

122499577In Allegheny County, it is presumed that parents will share legal custody of their children. Legal custody refers to major decisions involving the child, such as medical, educational, and religious.

Parents who share legal custody are encouraged to engage in unemotional communication when keeping one another informed about their children and making joint decisions about them.

This does not mean that you and the other parent will necessarily agree on issues. It does mean that making such decisions should not interfere with your ability to work together.

Old “hot-buttons” can change the focus of effective communication to destructive, unproductive arguments. Effective communication is not about winning or revenge, but rather a fundamental pathway to working cooperatively together.

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

A Child’s Preference in Custody Cases

126998623In child custody disputes, will a judge follow the child’s preference?

It depends.

Under Pennsylvania law, a child’s preference is not controlling though it may be an important factor. A child’s preference is just one of many factors that a judge considers when determining a child custody order.

A child’s age, maturity, and intelligence must be considered and will affect the weight given to a child’s preference. Thus, the preference of a 16-year-old tends to carry far more weight than the preference of a 6-year-old.

To speak with a strong, compassionate, cost-effective child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

“Status Quo” Is Key In Child Custody Cases

Little girl wearing sundress holding flowersIn child custody cases, judges are generally reluctant to change an arrangement that is working well for a child. Judges recognize the benefit of stability in a child’s life.

“Status quo” is a term that judges frequently use to describe long-standing custody arrangements.

If you are the primary caretaker of a child, then it is important to show the judge that the status quo has been for the child to spend most nights in your care.

On the other hand, if you are seeking to expand your custody time, then you should try to create a new status quo for the child that involves more time in your care.

Some parents go to court seeking to preserve their custody time, while others aim to expand their custody time. To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.