Monthly Archives: April 2015

Is Stalking A Crime In Pennsylvania?

Posted on April 26 2015 by Todd Spivak and Rebecca Canterbury

Stalking is a crime in Pennsylvania. There are two basic elements to the crime:

The stalker must complete at least two acts of unwanted behavior, no matter how close or far apart in time they are, and
The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.

The prosecutor’s office in your county makes the final decision whether to file criminal charges, including stalking charges.

If you are accused of stalking, Spivak Law Firm provides strong, aggressive defense in Protection From Abuse (PFA) and all criminal hearings. Call us today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody Mediation In Allegheny County

Posted on April 13 2015 by Todd Spivak and Rebecca Canterbury

In 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

Posted on April 10 2015 by Todd Spivak and Rebecca Canterbury

You 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.

Protecting Children Produced By Rape

Posted on April 8 2015 by Todd Spivak and Rebecca Canterbury

The 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.

Shared Custody Requires Good Communication

Posted on April 5 2015 by Todd Spivak and Rebecca Canterbury

In 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.