Yearly Archives: 2017

Child Custody: Relocation

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

When parents of minor children separate or divorce, their ability to relocate to a new residence may be restricted.

Parents must either get the other parent’s approval or obtain permission from the court in order to relocate.

The judge considers many factors when making the decision on whether to grant the relocation request, including the child’s preference, the age of the child, and the reason for moving. Ultimately, the parent who wants to move must convince the judge that moving will be in the child’s best interest.

Spivak Law Firm provides strong, compassionate representation in child custody cases. We handle all child-custody matters, including trials, drafting agreements, and relocation hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Abuse: Immigration

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.

A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.

The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Partial Expungements In Pennsylvania

Posted on July 24 2017 by Todd Spivak and Rebecca Canterbury

A criminal record can harm your employment opportunities. Pennsylvania recently increased the options for restricting employers from viewing your criminal record through what are called limited access orders.

For the first time, people convicted of second- and third-degree misdemeanor offenses may be able to restrict employers from viewing their criminal records.

But what about people convicted of felonies and first-degree misdemeanors? Such people may not be able to completely erase or seal their records, but they can obtain partial expungements.

For instance, people with long rap sheets can clean up their backgrounds by partially expunging their records to remove all charges that were withdrawn or dismissed. Though a criminal record remains, it will look far better to employers, especially if the convictions occurred many years ago.

Spivak Law Firm is devoted to helping people with criminal records move on with their lives. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Shared Custody for Working Parents

Posted on July 17 2017 by Todd Spivak and Rebecca Canterbury

In many families, the Dad is the breadwinner and the Mom stays home with the children. But if they separate or divorce, each parent still may be entitled to equal time with the children.

The distance between parents’ residences is a key consideration for deciding whether a shared custody schedule is appropriate. Living in the same school district will increase your chance of winning shared custody.

Spivak Law Firm handles all child custody matters. We negotiate and draft custody agreements, litigate custody relocation hearings and trials, and work closely with clients to develop legal strategies to achieve their goals. We provide strong, compassionate, cost-effective representation.

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

Funding For Abuse Victims

Posted on July 11 2017 by Todd Spivak and Rebecca Canterbury

In domestic-violence cases, research demonstrates that legal-aid services for women reduce the likelihood they will experience domestic violence in the future.

Unfortunately, President Trump’s proposed budget severely cuts departments that fund programs supporting domestic-violence victims. Additionally, the budget proposes to eliminate the Legal Services Corporation, which provides legal aid to domestic-abuse victims who are married to U.S. citizens or lawful permanent residents.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Step-Parents

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

Moving forward as a family after divorce or separation can be more difficult when step-parents are involved. To avoid conflict between your ex-spouse and the step-parent of your children, consider the following three tips:

Talk to the children together as a family, assuring them that their step-parent is not a replacement, but another person to care for them.
Set boundaries ahead of time, and discuss the role step-parents will play in the lives of the children.
Work together as a cohesive family unit; do not argue over the role of the step-parent in front of the children.

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, 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.

PFA and Guns

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

A Protection from Abuse Order (PFA) temporarily restricts you from possessing guns, even if the incident that gave rise to the PFA did not involve a gun.

A PFA issued after a final hearing will restrict your use of a gun for up to three years. If you are an avid hunter or a law enforcement official who depends on the use of guns for your livelihood, firearm restrictions may wreak havoc on your life.

Spivak Law Firm has assisted many law enforcement officers whose livelihoods depend on their ability to carry weapons.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Terroristic Threats: Penalties

Posted on June 26 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a person commits the crime of terroristic threats if the person makes a direct or indirect threat to:

commit any crime of violence with intent to terrorize another;
cause evacuation of a public place; or
cause serious public inconvenience, or public terror.

Terroristic threats is graded as a first-degree misdemeanor, which could result in up to five years in prison and a maximum $10,000 fine. If the threat causes occupants of a public place to be diverted from normal operations, it is graded as a third-degree felony, which carries up to 7 years in prison and a $15,000 fine.

Spivak Law Firm handles all criminal domestic violence charges, including: simple assault, harassment, stalking, recklessly endangering another person, and terroristic threats. To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Harassment In Family Court

Posted on June 26 2017 by Todd Spivak and Rebecca Canterbury

Leaving an abusive relationship should put an end to the abuse, but that is frequently not the case when there are children involved. The abusive parent may utilize the child custody courts to harass the victim, even when the abused party has a Protection From Abuse (PFA) order.

The courts often favor shared custody schedules, which are unfortunately ideal for abusers, as this affords them the opportunity to continue controlling the abused spouse through the children.

Because the courts often favor shared custody, it is crucial to speak to an experienced child custody attorney who may develop a workable agreement that keeps parental conflict to a minimum.

Spivak Law Firm’s attorney has extensive experience with child custody cases involving domestic violence. To schedule a consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Tips for Co-Parenting

Posted on June 20 2017 by Todd Spivak and Rebecca Canterbury

For divorced or separated couples, coordinating schedules for the children’s school schedule can be challenging.

But factoring in extracurricular activities, doctor’s appointments, and play dates can be especially tough.

To keep everyone on the same page, consider setting a family meeting once a month to discuss your children and their schedules.

You may find it easier for you and your ex-spouse to hash out schedules sitting down all at once rather than with scattered phone calls and emails.

At the end of the meeting, consider giving your children a copy of the schedule so they are aware of what to expect.

Spivak Law Firm handles all areas of family law: 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.