Spivak Law Firm

Based in Pittsburgh, PA

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Daily Archives: November 13, 2018

PFA Hearings: Credibility Is Key

Posted on November 13 2018 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Temporary Protection From Abuse (PFA) order, there may be a formal hearing. A Court of Common Pleas judge will hear all the evidence and determine whether to grant a Final PFA order, which can remain in effect for up to three years.

Many cases are “he-said, she said.” In other words, there is no clear, definitive evidence to show whether the alleged abuse occurred. The judge must closely observe the accuser and the alleged perpetrator of abuse to determine who appears more credible.

At Spivak Law Firm, we carefully prepare our clients so they have the best opportunity for success at their PFA hearing. We have helped hundreds of plaintiffs and defendants in PFA matters.

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

Pennsylvania Expands Child Custody Laws

Posted on November 13 2018 by Todd Spivak and Rebecca Canterbury

Pennsylvania has enacted a new law that expands the right of third parties to seek custody of a child.

Current law restricts custody actions to parents and grandparents. Under the new law, which will take effect in July 2018, any individual may seek custody of a child so long as it is shown by clear and convincing evidence that:

  • The individual assumed or is willing to assume responsibility for the child;
  • The individual has a sustained, substantial and sincere interest in the welfare of the child;
  • Neither parent has any form of care or control of the child.

The change in the law is expected to open the door to many new custody complaints by people who may not be physically related to the child but played a significant role in their upbringing and development.

Spivak Law Firm handles all area of family law with a special focus on child custody. To schedule a consultation with an experienced child-custody lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.