Family Law

Last Will and Testament Requirements

Posted on September 12 2022 by Todd Spivak and Rebecca Canterbury

When making your Last Will and Testament, the following factors must be met for it to be deemed a valid legal document under Pennsylvania law:

You must be 18 or older to make a Last Will and Testament.
You must be of sound mind.
Your will must be in writing, containing your signature or mark, or signed by another at your direction in your presence, and the signing must be done in the presence of two witnesses who also sign at the same time.
You must have a date on the will of when it was created and signed.
You must name a person to be the executor of your will. It is recommended that you also name a backup executor, as a contingency in case your first-named person cannot serve (or prefers not to serve) for some reason.
You must list at least one substantive provision. For example, you must leave your property to a named person in your will.

Spivak Law Firm helps people carry out their wishes by drafting their Last Will and Testament and Powers of Attorney. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Teen Mental Health Issues

Posted on August 8 2022 by Todd Spivak and Rebecca Canterbury

Statistics regarding teen mental health are, well, depressing.

More than 30% of high schoolers report persistent sadness.

About 20% say they have seriously considered suicide.

Teenagers may be happy to learn that some social scientists recommend combating these problems by advocating for less homework and later start-times at school.

Teenagers are not getting enough sleep, according to a recent Washington Post article:

“No one questions the benefits of sleep for babies and young children. But teenagers’ brains and bodies are changing and growing just as much as they did in their earliest years. The restructuring of the adolescent brain is pivotal to healthy development – and to a large extent, it occurs during sleep.”

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Estate Planning Goals

Posted on August 8 2022 by Todd Spivak and Rebecca Canterbury

What do you want to accomplish by having an estate plan in place? Here are a list of possibilities:

Protecting your spouse if you die?
Helping your children pay for college?
Safeguarding your home and investments?
Donating to your favorite charity?
Ensuring that you have enough funds in retirement?
Selecting caretakers for your minor children if both parents die?
Passing along family heirlooms?

At Spivak Law Firm, we help our clients identify their goals and employ strategies to help achieve them. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Offers Many Clients Flat Fees

Posted on June 21 2022 by Todd Spivak and Rebecca Canterbury

Flat fees are one-time charges for legal services. Unlike retainers, flat fees provide clients certainty for how much their total legal fees will cost.

Flat fees are generally offered if a client seeks legal representation at a court hearing or for drafting legal documents. Flat fees may even include filing fees and travel costs related to the case.

At Spivak Law Firm, many of our clients appreciate that we offer flat fees so they know upfront how much they will need to pay for our representation.

We offer flat fees for many types of cases, including:

PFA hearings
Child support hearings
Child custody conciliations
Preliminary hearings
ICC hearings
Summary trials and summary appeals
Criminal record expungements
Drafting wills and powers of attorney

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

Domestic Abuse: Behavioral Effects On Kids

Posted on April 21 2022 by Todd Spivak and Rebecca Canterbury

Children who witness domestic violence may have the following behavioral effects:

Poor impulse control
Stress disorders and psychosomatic complaints
Increased social isolation or withdrawal
Increased deceptiveness
Aggressiveness
Dependence
Passiveness
Bed-wetting
Nightmares
Lack of creativity and healthy exploration
Feelings of powerlessness
Low self-esteem
Feelings of worthlessness
Confusion and insecurity
Sadness and depression
Poor definition of self
Defines self in parenting role
Ambivalence
Constant fear
Self-blame

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, Protection From Abuse (PFA) and Children Youth and Families (CYF).

We provide strong, compassionate, cost-effective representation. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Abuse Allegations

Posted on December 31 2021 by Todd Spivak and Rebecca Canterbury

Allegations of sexual or physical abuse of a child may complicate a child custody case.

Courts take child abuse allegations very seriously, often prompting Child, Youth, and Family (CYF) Services investigations and forensic evaluations by medical professionals and law enforcement.

The alleged perpetrator, victim, and relevant third parties are all interviewed.

If the allegations are determined to be “unfounded,” evaluators and caseworkers make recommendations that often include family counseling.

It could take months for CYF to make final determinations, and a court will likely restrict your custody rights during that time.

Spivak Law Firm provides strong, effective advocacy for people facing child abuse allegations.

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

Despite Harms, Parents Continue to Spank Kids

Posted on November 1 2021 by Todd Spivak and Rebecca Canterbury

Parents should not use physical punishment on their kids, according to the American Academy of Pediatrics.

A growing body of research demonstrates that physical punishment is actually harmful to children.

Spanking and other forms of severe discipline – such as verbally berating or humiliating a child – have been repeatedly linked to behavioral, emotional, psychological, and academic problems.

But spanking is still prevalent in American families and legal in all states.

About two-thirds of Americans agreed that “a good, hard spanking” is sometimes necessary to discipline a child, according to a recent national survey.

Spivak Law Firm handles family law and criminal defense with a special focus on child custody and Protection From Abuse (PFA). To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What is an Emergency PFA?

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

A person seeking protection from an abuser may obtain an Emergency PFA even when courts are generally closed.

In Allegheny County, local magistrates and a night court judge are available to grant Emergency PFAs at any time, including: on weekends, during holidays, and late at night.

An Emergency PFA expires when courts resume their regular business hours. Therefore, an Emergency PFA granted on Saturday night will generally expire the following Monday.

A person who obtains an Emergency PFA will often return to Court during regular business hours to request a Temporary PFA, which will trigger a hearing date so a judge may determine whether a Final PFA is warranted.

A Final PFA can last up to three years.

The person accused of abuse does not receive any notice or opportunity to defend against the Emergency PFA or Temporary PFA.

Defendants are given the opportunity to challenge the abuse accusations at the Final PFA hearing before a judge.

Spivak Law Firm provides strong, aggressive representation at PFA hearings. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Fleeing an Abusive Spouse

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

There are many forms of spousal abuse: mental, emotional, physical, and sexual.

If you are the victim of spousal abuse, there are actions you can take to protect yourself.

You may file a criminal complaint with your local police department and seek to press charges if you are the victims of physical or sexual abuse. Domestic abuse charges commonly include: assault, harassment, stalking, reckless endangerment, and terroristic threats.

You may also consider filing for a Protection From Abuse (PFA) order to prohibit all contact and even have the abuser evicted from the marital residence. A PFA may be obtained on grounds of physical violence, sexual violence, harassment, or stalking.

If you are suffering mental or emotional abuse, you may request a hearing for exclusive possession of the marital residence, which would enable you to stay in your home during the divorce process and prohibit your abuser from the premises.

If you need immediate shelter from an abusive partner, there are many resources available to assist you.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Healthy Anxiety

Posted on July 30 2021 by Todd Spivak and Rebecca Canterbury

Anxiety is a critical protective mechanism that children begin to develop during their first year of life.

Healthy anxiety warns us when danger might be ahead, and for babies and toddlers, separation anxiety marks a developmental milestone as children begin recognizing that loved ones offer the most safety and protection.

Short, manageable meltdowns that happen right after day care drop-off, at bedtime, or when a parent leaves the room are normal and generally self-limiting.

Those episodes can also happen during periods of transition, such as after moving into a new home or starting a new school.

They typically last only a few minutes and go away entirely after the child has had a few weeks to adjust to the new routine.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody and family law matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.