Monthly Archives: December 2013

Child Custody in Allegheny County (Part 6 of 7)

Posted on December 31 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. 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.

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 partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.

Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.

The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.

At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.

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 5 of 7)

Posted on December 23 2013 by Todd Spivak and Rebecca Canterbury

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.

Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.

The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.

In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.

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

Child Custody in Allegheny County (Part 4 of 7)

Posted on December 15 2013 by Todd Spivak and Rebecca Canterbury

At the custody conciliation, the parties and their attorneys meet with a child custody officer in an attempt to negotiate and resolve their custody case. There is no fee for the conciliation. You should bring with you: your child’s school schedule, your current income information (pay stub and/or W-2), your child’s extracurricular activity schedule, and a proposed custody schedule.

If you and the other party are able to come to an agreement, the custody conciliator will write up an order of court and you will leave with an order of court that day. This will dispose of the custody action filed and you will go no further into the court system.

If you and the other party are unable to come to an agreement: you may be ordered to submit income information for psychological/home evaluations; you may be ordered to appear at a partial custody hearing; or you may be ordered to appear at a judicial conciliation.

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.

Child Custody in Allegheny County (Part 3 of 7)

Posted on December 8 2013 by Todd Spivak and Rebecca Canterbury

The custody mediation session may be waived if either party or any child has been the subject of domestic violence or child abuse within 24 months preceding the filing of a custody action. If you and/or your child has been such a victim and you desire not to attend mediation, you must complete both sides of a waiver form and return it to Generations. If you have received a Protection From Abuse order (PFA order), a copy of it should also be returned with this completed form. You are also responsible for mailing a copy of this form and any PFA order to the opposing party at the same time you mail it to the Generations at: Generations 440 Ross Street, 1st Floor Pittsburgh, PA 15219.

If a mediation session is waived, a custody conciliation shall be scheduled in its place in which attorneys may be present.

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

Child Custody in Allegheny County (Part 2 of 7)

Posted on December 1 2013 by Todd Spivak and Rebecca Canterbury

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.