Monthly Archives: January 2016

Child Custody In Cases Involving Rape

Posted on January 31 2016 by Todd Spivak and Rebecca Canterbury

Mothers of children conceived by rape can be forced to share custody of the child with their rapists. Many states allow courts to terminate the parental rights of rapists, but most of them require that the men first be convicted. However, less than one-fifth of rapes are even reported, and only about 5 percent of those result in convictions.

Last year, Congress passed the Rape Survivor Child Custody Act, which pledges money for states that pass laws denying parental rights to men if the mothers show in family court that they have been raped. In family court, the victims need only prove that the rape occurred by “clear and convincing” evidence – not the tougher “beyond a reasonable doubt” standard used in criminal courts.

Spivak Law Firm provides strong, compassionate representation in all family law and criminal defense matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Understanding Marital Property

Posted on January 26 2016 by Todd Spivak and Rebecca Canterbury

Q: I always drove the Toyota and my husband always drove the Ford. Both cars were bought during the marriage, but only my husband’s name is on the titles. Now that we’re getting a divorce, my husband says both cars belong to him. Is he right?

A: No. Under Pennsylvania law, virtually all property acquired by either spouse during the marriage is deemed marital property subject to equitable distribution by the court or through a marital settlement agreement. Thus, it does not matter that the cars are titled only in your husband’s name. The cars are marital property jointly owned by both spouses.

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

Expand Expungements In Pennsylvania

Posted on January 14 2016 by Todd Spivak and Rebecca Canterbury

A criminal record can ruin your job opportunities. In Pennsylvania, convictions for misdemeanors and felonies will stay on your record for life – even for people who go decades without ever re-offending.

But that might change.

Currently the Pennsylvania Legislature is considering proposals to expand expungements to misdemeanors after a period of good behavior.

Some proposals offer expungements after a period of seven years of freedom from arrest or prosecution for third-degree misdemeanors. Other proposals offer expungements to individuls under 25-years-old for second-degree misdemeanors after ten years free of arrest or prosecution.

Spivak Law Firm understands the importance of a clean criminal record. To speak with an experienced expungement lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

What to Expect At Your Child Support Hearing

Posted on January 5 2016 by Todd Spivak and Rebecca Canterbury

In Allegheny County, many people resolve child support issues without need for a hearing. Parties first disclose their income and expenses to a domestic-relations officer usually in a small office or cubicle. The officer will usually run calculations based on state support guidelines established by the Pennsylvania Legislature. The parties then have an opportunity to reach an agreement as to the amount of support, if any. The officer at this first level does not have authority to enter a recommendation.

If the parties do not reach agreement, they will attend a hearing on the same day. The hearing is a mini-trial in which each party is sworn under oath and permitted to testify, introduce evidence, and cross-examine one another. The hearing officer will hear testimony, accept evidence, and issue a recommendation within 30 days. If either party is dissatisfied with the recommendation, he or she may file an appeal known as exceptions to be reviewed by the judge assigned to the case.

For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Key Factors for Child Custody

Posted on January 4 2016 by Todd Spivak and Rebecca Canterbury

Judges consider many factors when determining a child custody schedule. A child’s preference is just one of many factors. As children get older, courts may give greater weight to the child’s preference, though many judges do not want to hear directly from children. After all, it can be traumatizing for a child to choose between parents.

An important factor for determining custody is promoting consistency for the children. Courts generally will not disturb an existing arrangement or move children from their current school if they are doing well. Courts are also reluctant to split siblings between parents.

Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.