Blog - Spivak Law Firm

Grandparent Custody Rights in Pennsylvania

Posted on September 7 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, a grandparent may seek custody rights over a grandchild under one of the following three scenarios:

Scenario #1: The grandparent has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time. This is known as acting in loco parentis – or acting “in the place of a parent.”

Scenario #2: A grandparent who has not acted in loco parentis still may seek custody of the child if:
- A parent of the child allowed the grandparent to form a relationship with the child; and
- The grandparent is willing to take responsibility for the child; and
- One of the following circumstances exists:
  - The child is deemed “dependent” under Pennsylvania’s child abuse and neglect law; or
  - The child is deemed substantially at risk due to parental abuse, neglect, drug or alcohol use, or incapacity; or
  - The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

Scenario #3: A grandparent may seek partial physical custody or supervised physical custody in the following situations:
- The parent of the child has died; or
- The parents of the child have been separated for at least six months or have started divorce proceedings; or
- The child has lived with the grandparent for at least 12 consecutive months (not counting brief absences) and is removed from the home by the parents.

To learn more about grandparent custody rights in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Factors for Setting Bail in Allegheny County

Posted on September 1 2013 by Todd Spivak and Rebecca Canterbury

A court uses several factors to determine the amount and type of bail it sets. Under Pennsylvania law, bail is security used to guarantee a person’s appearance in criminal court. A court may release you from jail on a Cash Bail, in which you must post the full amount of the face value of the bond, or a Percentage Cash Bail, in which you must deposit 10 percent of the face amount of the bond, or Release on Own Recognizance (R.O.R.) bond, in which you need not post any cash whatsoever.

In Allegheny County, the five main criteria used in the setting of bail are:

(1) The nature of the offense charged;

(2) Prior criminal history;

(3) Length of residence or community ties in Allegheny County;

(4) History of prior appearances in Court; and

(5) Whether or not the defendant poses a threat to the safety of the community.

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

ARD Requirements in Allegheny County

Posted on August 18 2013 by Todd Spivak and Rebecca Canterbury

The Allegheny County ARD Probation Program was designed to supervise the first-time, non-violent offender who has been given a second chance at having a clean criminal record. Participants in the ARD Program are expected to serve a term of supervision lasting from six month to two years. Conditions of supervision depend on the charged offense and may require the offender to complete one or more of the following:

DUI classes
Substance abuse treatment
Community service
Domestic abuse classes
Anger management classes
Retail theft classes
Mental health treatment
Restitution
Court costs

To learn if you qualify for ARD in Allegheny County, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Dad Loses Child Custody Due to PFA

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Rick (not his real name) never spent a single night away from his 4-year-old daughter until his wife got a temporary Protection From Abuse (PFA) order against him. The PFA evicted Rick from his home and restricted him from having any contact with his child until the PFA hearing some two weeks away.

Rick’s wife got the PFA on grounds that he threatened her during an argument and hit her once several years ago. Rick says these things never happened.

Rick’s wife did not include their child as a protected party on the PFA. Rick is not accused of ever harming or threatening to harm his little girl. Still, the court took Rick’s daughter away by denying him any custodial or visitation rights until the hearing.

Rick figures that his wife filed the PFA to gain leverage in their imminent divorce and child custody battle. Emotionally devastated, Rick continues to wait for his day in court.

Spivak Law Firm provides strong representation in all family law matters. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

What Happens If You Don’t Pay Child Support?

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Child support payments in Pennsylvania continue until a child turns 18 or graduates from high school, whichever occurs later. If you owe child support but do not pay it, there are several enforcement measures that may be taken against you, including:

Your wages may be withheld
Your federal and state income tax refunds may be taken
Your bank or credit union may be ordered to turn over your financial assets
Major credit bureaus may be alerted
The following licenses may be suspended, denied, or not renewed:
- Driver’s license
- Commercial driver’s license
- Professional or occupational license
- Fishing license
- Hunting license
Your passport may be denied or not renewed
Your lottery winnings may be taken
Your name may be published in the newspaper
Your overdue support may become a lien against all real estate that you own in Pennsylvania
You may be fined or imprisoned for up to two years

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

Spivak Law Firm Frees Allegheny County Prisoner

Posted on August 4 2013 by Todd Spivak and Rebecca Canterbury

In a dramatic turn, Spivak Law Firm recently helped free an inmate from Allegheny County Jail so that he can be with his newborn son while awaiting his next court date.

Back in 2011, Frank (not his real name) got three years of probation for stealing and writing bad checks. Last November, he was arrested for failing to report to his probation officer. Eight months later, he was still waiting for a hearing when his Mother called us asking for help.

“Frank’s son is about to be born,” she told us. “Could you please try to get him out of jail?”

We filed a petition with Frank’s judge to lift his detainer. Additionally, we called the judge’s chambers and Frank’s probation officer to argue for his release. Several days later, we received a court order by fax with the heading: “Release of Prisoner.”

Frank is now home with his baby and happy to be out of jail while awaiting his probation violation hearing in the fall.

“My son is thrilled!” Frank’s mother wrote us. “Thank you for your hard work!”

Spivak Law Firm provides strong representation for people facing criminal charges. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Celebrities and Restraining Orders

Posted on August 3 2013 by Todd Spivak and Rebecca Canterbury

Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.

White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.

In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.

In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.

In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.

In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.

Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Driver’s License Suspension Laws

Posted on July 20 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your driver’s license will be suspended or revoked if you are convicted of any of the following traffic violations:

-Operating a vehicle while under the influence of drugs or alcohol (DUI);

-Failure to stop when you are driving a vehicle involved in a crash (hit-and-run offense);

-Driving when your driver’s license is already suspended or revoked;

-Second or any additional offense of driving without a valid driver’s license within a five-year period;

-Failure to stop for a school bus with its red lights flashing and stop arm extended;

-Failure to comply with a railroad crossing gate or barrier;

-Driving without lights to avoid identification;

-Fleeing from a police officer;

-Racing on highways;

-Reckless driving;

-Felony involving a vehicle; and

-Homicide by vehicle.

If your driving privilege is going to be suspended or revoked, a written notice will be mailed to you listing the date when the suspension or revocation will begin. Your driver’s license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice, or the state police and local police will be notified to pick up the driver’s license.

For more information about restoring your driver’s license in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Goals of DUI Hotel in Allegheny County

Posted on July 17 2013 by Todd Spivak and Rebecca Canterbury

DUI Hotel, established in late 2010 and modeled after a similar jail-alternative program in Ohio, offers most first-time DUI offenders in Allegheny County an opportunity to complete their sentencing requirements in just four (4) days. Goals of the program include:

(1) Speed Things Up: Reduce the administrative backlog being created by use of probation’s electronic monitoring system.

(2) Save Money: Create a self-sustaining alternative to jail other than house arrest that reduces overall costs to the system.

(3) Make it Easy: Simplify offenders’ ability to complete the required activities and interventions for a first-time DUI offense.

(4) Avoid Probation: Lessen the number of DUI offenders returning to court for probation violations.

(5) Reduce Recidivism: Decrease the number of first-time DUI offenders returning for second and third offenses.

For a free consultation with an Allegheny County DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Change Your Child Support Order

Posted on July 14 2013 by Todd Spivak and Rebecca Canterbury

Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:

A parent’s income significantly increases or decreases;
The child now has significant or continuing medical expenses;
There is a change in child care;
There is a change in medical insurance;
The parents now live together;
The child receiving support has turned 18 and graduated from high school;
The child starts living with the noncustodial parent or someone other than the custodial parent
The noncustodial parent is incarcerated
Other substantial changes in circumstance occur

To learn more about changing your child support order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.