Family Law

Parental Alienation Signs

Posted on January 1 2018 by Todd Spivak and Rebecca Canterbury

Parental alienation occurs when one parent psychologically manipulates the child, causing the child to withdraw from the other parent.

Some common symptoms of parental alienation include, but are not limited to:

Your child refuses to have contact with you;
Your child is hostile toward you without logical reason (no history of abuse);
Your child is hostile toward your extended family; and
Your child expresses only negative feelings toward you, but never toward the other parent.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Benefits Of Collaborative Divorce

Posted on December 26 2017 by Todd Spivak and Rebecca Canterbury

Q: Why should I consider a collaborative divorce?

A: Collaborative divorce, also known as no-court divorce, is a non-adversarial process for handling divorce.

It tends to be cheaper, faster, less stressful, and more private than conventional divorce.

Spouses can avoid court fees and share the costs of experts, such as financial advisers or mental health professionals. Studies show that people who choose collaborative law, on average, save $5,000-$10,000 over people who choose litigation.

At Spivak Law Firm, we provide you with strong, cost-effective representation. We aim to preserve your finances by avoiding prolonged conflict to arrive at solutions that are in the best interests of you and your family.

To learn more about collaborative divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Emotional Abuse

Posted on December 26 2017 by Todd Spivak and Rebecca Canterbury

Ending a physically or emotionally abusive relationship doesn’t always end the abuse, especially when children are involved. You still have to see your ex-spouse to arrange for custody exchanges, holidays, etc.

If your ex-spouse continues to engage in controlling or manipulative behavior, consider limiting your communications to text or email. This can both reduce the level of conflict between the two of you, and allow you to document evidence of your ex’s inability to work together.

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

Follow Your Custody Order

Posted on December 19 2017 by Todd Spivak and Rebecca Canterbury

If you have a custody order, follow it. Pennsylvania courts determine custody by looking to the best interests of the children, which is based upon 16 factors. One of the factors asks which parent is more likely to permit and continue frequent contact between the children and the other parent.

If you do not abide by the terms of the existing order, you may be adversely affecting your case. You may also subject yourself to contempt proceedings, which can involve fines and even jail time. Unless you have safety concerns for your children, you should abide by the terms of your custody order.

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

5 Child Custody Don’ts

Posted on December 12 2017 by Todd Spivak and Rebecca Canterbury

If your child exhibits temper tantrums, you may believe that they are not capable of feeling complex emotions. But children are more perceptive than you may realize. They are able to pick up on your emotions and the things that you say, so it is imperative to filter what is said to them and in front of them.

To avoid upsetting your children, here are five things you should not do during a divorce or custody dispute:

Do not directly or indirectly encourage your children to choose between you and your ex-spouse;
Do not speak ill of your ex-spouse in front of the children;
Do not prevent your children from spending time with your ex-spouse;
Do not ask your children to pass messages to your ex-spouse;
Do not disclose details of your legal matters to the children.

Common Divorce Myths

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

When it comes to divorce, many common beliefs are accepted as truths. However, the process of divorce is incredibly complex and every case is unique.

Here are some of the most common divorce myths and why they aren’t always true:

Mom always gets custody: In Pennsylvania, the law does not favor either parent for custody. The judge is required to look at what is in the child’s best interest.
Only women get alimony: Historically, women have been awarded spousal support or alimony more often than men. As more women enter the workplace and change gender roles, it is becoming more common for men to receive some form of alimony. Alimony is generally awarded to the lower earning spouse when there is a significant disparity in incomes.
I don’t need a divorce lawyer: Even if you are on good enough terms with your spouse going into the divorce, you need to make sure you have someone in your corner who is going to ensure your rights are protected.

Child Custody: Nesting

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

Divorce is a difficult process and the children of divorced parents often find themselves caught up in a situation over which they have little control.

They also have to contend with the idea that their everyday lives will change, whether that is not seeing one of their parents on a daily basis or moving to a different house or location.

Nesting is a new idea in the arena of child-custody arrangements. The children stay in the home while the parents are the ones who leave and return. This allows the children to stay in the home and provides the children with a feeling of permanence. This sense of routine can be helpful to the children at a time of change and turbulence.

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

NFL and Domestic Abuse

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

An advocacy group is urging the Cincinnati Bengals to speak out against domestic violence after the team drafted a player who punched a woman in the face.

The Bengals are not the only team receiving backlash. In the 2017 NFL Draft, at least a half-dozen players who have been accused of physical or sexual assaults were welcomed to the NFL.

By ignoring these issues, the NFL encourages the cycle of violence and undermines the importance of protecting domestic-abuse victims, according to the group.

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 ortoll free at (800) 545-9390.

PFA Consequences

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In fact, the mere accusation of abuse can devastate a person’s life and reputation.

In Pennsylvania, a PFA can:

Evict you from your home;
Take away your firearms;
Appear on your permanent record;
Prevent you from seeing your children; and
Result in serious criminal charges.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. We have successfully defended many people whose careers were at risk, including; police officers, corrections officers, homeland-security officers, teachers, and nurses.

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

Penalties for Failing to Appear in Court

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

If you’ve been sued for child custody, you must attend all scheduled court appearances. The following are potential consequences for failing to appear:

The court may hold you in contempt for violation of a court order;
The court may dismiss your case;
The court may rule in favor of the other party.

Custody litigation is often time-consuming and stressful. Spivak Law Firm understands that many parents have busy work schedules that do not allow them to appear in court. There are some court appearances that your attorney may be able to attend on your behalf.

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