Spivak Law Firm

Based in Pittsburgh, PA

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Pittsburgh Family Law

Understanding Family Partnerships

Beautiful baby of three months old in his mothers hands.The goal of a family partnership is to nurture family relationships even under the difficult circumstances of divorce and separation. Basic family partnership principles include:

  • Maintain a business-like relationship with the other parent and communicate accordingly
  • Focus on the needs of your children and the strengths of your relationship with them
  • Set boundaries and respect the other parent’s boundaries
  • Protect your children from adult issues
  • Never allow your children to become your best friends
  • Do not use your children as messengers
  • Keep your children out of the middle
  • Do not make negative comments about the other parent
  • Never ask your children to take sides
  • Allow your children to develop their own safe relationship with the other parent, regardless of what you feel about them
  • Avoid supermom / superdad syndrome of competitive parenting
  • Avoid conflict in front of your children

Spivak Law Firm provides strong, compassionate, cost-effective 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.

Protecting Children Produced By Rape

dandelion wishing blowing seedsThe Pennsylvania Legislature appears poised to make it easier for a woman who has become pregnant as a result of rape to have her assaulter’s parental rights terminated while maintaining his obligation to pay child support.

The bill, which has bipartisan support, requires the courts to accept requests by rape victims that their rapists not receive custody of children conceived through the assault, unless the child is old enough and agrees to the custody arrangement. The legislation at the same time maintains the rapist’s liability for child support payments if parental rights have been terminated because of a conviction for raping the other parent.

Rape causes more than 32,000 pregnancies among U.S. women each year, according to the Coalition Against Rape.

Spivak Law Firm has proven a leader in advocating for women’s rights, publishing an article in the Pittsburgh-Post Gazette back in 2012 on the issue of protecting women who conceive through rape.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, and Protection From Abuse (PFA).

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

Crack Down on Domestic Violence In Pittsburgh

PFA Pic9The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).

Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.

In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.

“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”

In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.

Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.

So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.

Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.

Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”

On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.

In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.

Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.

Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.

This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.

On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.

Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.

It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.

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

dandelion wishing blowing seedsUnder 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

Beautiful baby of three months old in his mothers hands.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.

Family Law Help in Allegheny County

111787230Not everyone struggling with issues of divorce, child custody and support can afford an attorney. Some simply wish to handle matters themselves.

In Allegheny County, the newly formed Family Division Self-Help Center guides such people through the court system. The center, which opened in January 2014, has already assisted more than 1,500 clients, according to Lawyers Journal, a publication of the Allegheny County Bar Association.

Located on the first floor of the Family Law Center at 440 Ross Street in downtown Pittsburgh, the center is open each weekday from 8:30 a.m. to 4:30 p.m.

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

Family Law Protections for Rape Victims

Beautiful baby of three months old in his mothers hands.Earlier this summer, the Pennsylvania House of Representatives unanimously passed a bill restricting men who father children through rape from asserting child custody and visitation rights.

Additionally, the bill allows rape survivors to seek child support from their assailants, according to RH Reality Check, a daily publication focusing on reproductive health and justice, citing a 2012 article by Spivak Law Firm published in the Pittsburgh Post-Gazette.

Nationwide, about 25,000 women become pregnant through rape each year.

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

Calculating Support in Pennsylvania

153715248In Pennsylvania, support is based upon the net monthly incomes of the parties. To calculate a party’s net monthly income, the following items are deducted from his or her gross income:

  • Federal, state, and local taxes
  • FICA (Social Security and Medicare) or self-employment taxes
  • Non-voluntary retirement contributions
  • Union dues
  • Alimony paid to the other party

In calculating support, the trial court must consider income from all sources. To learn more about calculating support, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Finding the Right Family Law Attorney For You

95732591Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:

  • Does this lawyer seem confident, strong, and experienced?
  • What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
  • Is this person a skilled negotiator, trial lawyer, and communicator?
  • What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
  • How will the parenting plan be developed and who will develop it?
  • If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
  • Do I trust and respect this person? Can we have a good working partnership?
  • Can I be honest with this person? Do I feel comfortable sharing intimate details?
  • Is this person honest and candid with me?
  • Does the lawyer pay attention to me? Does he or she have time for me?
  • Can I afford this lawyer?

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

Child Custody in Allegheny County (Part 7 of 7)

Little girl wearing sundress holding flowersIn 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. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.

A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.

If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.

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