Author Archives: Todd Spivak and Rebecca Canterbury

Why Expunge Your Criminal Record?

Posted on January 17 2014 by Todd Spivak and Rebecca Canterbury

A criminal record can hurt you by limiting your job opportunities, restricting your housing options, and even impeding your ability to get a loan. In Pennsylvania, employers, landlords, and banks routinely check criminal backgrounds.

Having your criminal record expunged, or erased, is vitally important to getting your life back to normal. Fortunately, the process is relatively simple and inexpensive.

At Spivak Law Firm, we promptly obtain a certified copy of your criminal record from the Pennsylvania State Police then petition the court to expunge your record. The process can take as long as a year, and we update you about the process at every step.

If your case was dismissed or withdrawn, we can immediately initiate the expungement process. If you’ve been convicted of a summary offense, you can have your criminal record expunged after a five-year waiting period so long as there are no further incidents.

To learn more about expunging your criminal record, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Filing for Support in Pennsylvania

Posted on January 11 2014 by Todd Spivak and Rebecca Canterbury

To commence an action for spousal and/or child support, file a Complaint for Support in the Domestic Relations Section of the Court of Common Pleas in your county, where forms are provided. No fee is required to commence a support action in Allegheny County and many other Pennsylvania counties. The Domestic Relations Section then schedules the joint conference and/or hearing according to local rule. In Allegheny County, people who file for support receive a scheduling order with a hearing date usually set about four weeks away.

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

Child Custody in Allegheny County (Part 7 of 7)

Posted on January 6 2014 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.

A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.

If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.

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

Child Custody in Allegheny County (Part 6 of 7)

Posted on December 31 2013 by Todd Spivak and Rebecca Canterbury

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.

Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.

The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.

At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.

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

Child Custody in Allegheny County (Part 5 of 7)

Posted on December 23 2013 by Todd Spivak and Rebecca Canterbury

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.

Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.

The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.

In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.

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

Child Custody in Allegheny County (Part 4 of 7)

Posted on December 15 2013 by Todd Spivak and Rebecca Canterbury

At the custody conciliation, the parties and their attorneys meet with a child custody officer in an attempt to negotiate and resolve their custody case. There is no fee for the conciliation. You should bring with you: your child’s school schedule, your current income information (pay stub and/or W-2), your child’s extracurricular activity schedule, and a proposed custody schedule.

If you and the other party are able to come to an agreement, the custody conciliator will write up an order of court and you will leave with an order of court that day. This will dispose of the custody action filed and you will go no further into the court system.

If you and the other party are unable to come to an agreement: you may be ordered to submit income information for psychological/home evaluations; you may be ordered to appear at a partial custody hearing; or you may be ordered to appear at a judicial conciliation.

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

Child Custody in Allegheny County (Part 3 of 7)

Posted on December 8 2013 by Todd Spivak and Rebecca Canterbury

The custody mediation session may be waived if either party or any child has been the subject of domestic violence or child abuse within 24 months preceding the filing of a custody action. If you and/or your child has been such a victim and you desire not to attend mediation, you must complete both sides of a waiver form and return it to Generations. If you have received a Protection From Abuse order (PFA order), a copy of it should also be returned with this completed form. You are also responsible for mailing a copy of this form and any PFA order to the opposing party at the same time you mail it to the Generations at: Generations 440 Ross Street, 1st Floor Pittsburgh, PA 15219.

If a mediation session is waived, a custody conciliation shall be scheduled in its place in which attorneys may be present.

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

Child Custody in Allegheny County (Part 2 of 7)

Posted on December 1 2013 by Todd Spivak and Rebecca Canterbury

The custody mediation session gives parents an opportunity to meet with a trained mediator to address issues related to meeting their child(ren)’s needs and to finalize a custody arrangement. Neither children nor attorneys participate in the mediation. Parents meet with a mediator for about two hours to discuss approaches to a successful parenting plan.

The goal of mediation is for parents to create their own custody plan, called a Memorandum of Understanding. Mediation is not therapy and does not include legal advice. Rather, the mediation process encourages adults to work together and to be responsible for their own parenting decisions.

Mediation sessions are confidential. The discussions during mediation cannot be recorded or copied. The mediator cannot be required to testify in court. Mediators are often attorneys or mental health professionals with advanced degrees, in addition to having basic and ongoing advanced training in mediation.

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

Child Custody in Allegheny County (Part 1 of 7)

Posted on November 26 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session.

The educational seminar, which takes place at Wightman School Community Building in Squirrel Hill, is approximately three hours in length and aims to offer parents the skills to reach their own resolution on custody issues. The seminar addresses several topics, including: building a co-parent relationship; developing ways to communicate and problem-solve; helping children cope effectively with their changing family; and identifying how parent conflict can affect the behavior of children.

The educational seminar is also required for children ages 6 to 15, who are grouped by age so that they can identify and share with other children similar experiences in their families. These groups are facilitated with activities, discussions, art, music and play.

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

Dave Wins PFA Hearing, Seeks Custody of Kids

Posted on November 14 2013 by Todd Spivak and Rebecca Canterbury

After 17 years of marriage, Tara decided she wanted a divorce from her husband Dave (not their real names). He suggested marriage counseling, if only for the sake of their teenage children, but Tara refused. “I’m going to destroy you in court,” she snapped at him. One morning, after several days of getting the silent treatment from his wife, Dave lost his cool and slammed the palm of his hand against the kitchen stove. Tara went to the county courthouse and received a temporary Protection From Abuse (PFA) order against her husband.

Later that day, a police officer arrived at their home and handed Dave the restraining order, which stated that he was evicted from his home, effective immediately, and that he could not have any contact whatsoever with his wife or kids until the PFA hearing. Emotionally devastated, Dave scrambled to find a friend or relative to take him in for a few weeks.

Seeking an experienced PFA defense lawyer, Dave retained Spivak Law Firm to represent him. Dave had never been apart from his family for so long. Feeling anxious and estranged, he attended his PFA hearing with a feeling of dread. Tara wanted a three-year PFA, the maximum duration allowed by law. We requested a hearing before the judge.

Tara testified that she and was afraid of Dave, but on cross-examination she admitted that Dave only hit the stove – not her or the children. Tara then testified that she never cheated on Dave, which damaged her credibility when Dave’s attorney produced love letters that she had recently written to another man. In the end, Tara confessed to simply wanting Dave out of the house so she could pursue her new love interest.

After a brief recess to consider all the evidence, the judge denied Tara’s request for a final PFA. Feeling relieved, Dave smiled for the first time in weeks. Dave and his attorney then left the courtroom to discuss their next legal actions: expunging the PFA from his record and filing for shared custody of the children.

Spivak Law Firm has extensive experience defending people against domestic-abuse accusations and asserting child custody rights. To speak with a Pittsburgh family law attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.