Monthly Archives: May 2016

4 Tips for Sharing Custody

Posted on May 23 2016 by Todd Spivak and Rebecca Canterbury

Your child’s refusal to follow a custody order places you in a difficult position. Violation of a court order can subject you to contempt proceedings, which can carry harsh penalties such as fines, license suspensions, and even jail time.

Since it may be difficult to force your child to visit with the other parent, try following these four tips to avoid being held in contempt:

Ensure your child is dressed, packed and ready to go;
Encourage your child to go with the other parent;
Record your attempts to follow the custody order;
Consider enrolling your child in counseling to discuss underlying issues.

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

What’s A Preliminary Hearing?

Posted on May 17 2016 by Todd Spivak and Rebecca Canterbury

A preliminary hearing is the first step in any criminal case involving a misdemeanor or felony. Whether you’re charged with terroristic threats or retail theft, your case begins with a preliminary hearing.

The purpose of a preliminary hearing is to determine whether there is a preponderance of evidence – a 51 percent chance – that a crime was committed and that the defendant was the person who committed that crime.

The preliminary hearing is not a trial. The defendant generally does not testify at the preliminary hearing. Only the arresting officer and the alleged victim testify at a preliminary hearing. Your criminal defense attorney then may cross-examine witnesses in an attempt to undermine their allegations and create a record for trial

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

Talking Divorce To Kids

Posted on May 16 2016 by Todd Spivak and Rebecca Canterbury

Although there is a great deal of literature discussing the impact of divorce on children, there really is no clear cut way to break the news to them. Each family unit is unique, but the following five tips may make it less traumatic for both you and your children:

Discuss what you plan to tell the children;
Agree on what you do not plan to tell the children;
Tell your children together with your ex-spouse;
Reinforce to the children that the divorce is not their fault;
Ensure that the children know the divorce is not reversible.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and PFA hearings. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Served with a PFA?

Posted on May 9 2016 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection from Abuse (PFA) order, you should begin preparing your defense immediately, as your PFA hearing will likely occur within just 10 days.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County. We work hard to protect your reputation, your job, and your child custody rights.

If you’re served with a PFA, we recommend taking the following actions:

Call Spivak Law Firm for a free consultation.
Avoid all contact with the plaintiff.
Collect documentary evidence such as texts, emails, and photographs for your defense.

Served with a PFA? Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Relocation

Posted on May 5 2016 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania child custody laws, relocation is defined as any change in residence that substantially affects the custody rights of the other parent. Even if there is no custody order, you must abide by the relocation statute. Indeed, relocating just 20 minutes away could be a violation of the law and result in a contempt action against you.

Proper custody relocation involves either gaining consent from the other parent or obtaining court approval through a formal process.

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