Family Law

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.

Child Custody: Strategies to Prevent Meltdowns

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Young children may exhibit symptoms of separation anxiety when their parents divorce. Symptoms may include whimpering to be picked up, shrieking if a parent leaves the room, or wailing at bedtime.

Child psychologists recommend the following strategies to prevent or de-escalate meltdowns:

Validate their feelings: Acknowledge that you understand why the situation makes them feel scared, and encourage them to practice being brave and trying an activity on their own.
Reward quiet acts of bravery: Avoid prolonging goodbyes and paying attention to tantrum. Be sure to reward them for playing alone or going to bed without fuss.
Practice routines: If you suspect that your child might struggle with an upcoming event, like starting remote learning, returning to preschool or an overnight visit with family, practicing the routine a few days before can help your child prepare.
Provide a transitional object: Give your children something small and personal that reminds them of home – that they can keep in their pocket or cubby and retrieve when they need to feel a connection to loved ones.
Relieve your own stress: Anxious parents can exacerbate their children’s anxiety, so take steps to relieve your own stress.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, alimony, separation of assets and debts, estate planning, and Protection From Abuse (PFA).

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

Alimony as Secondary Remedy

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Alimony is considered a secondary remedy under Pennsylvania law.

If there are liquid assets in the marital estate, judges in Allegheny County prefer to award the lower earning spouse a higher percentage of the martial estate.

Divorce cases often do not include any alimony award, or there may be alimony for a short-term basis only.

Courts generally will not award unless the marriage exceeded 15 years and there is a significant disparity in income levels between the wife and husband.

To learn more about spousal support and alimony, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce for the Higher Earning Spouse

Posted on June 21 2021 by Todd Spivak and Rebecca Canterbury

The higher-earning spouse may be required to pay spousal support or alimony as part of a divorce.

Spousal support refers to money paid to the lower-earning spouse until the divorce is finalized. Alimony refers to money paid to the lower-earning spouse after the decree in divorce has been issued.

Additionally, the higher-earning spouse may be entitled to a smaller portion of the marital estate.

Under Pennsylvania law, the formal process for dividing a marital estate is known as equitable distribution. If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness.

In such cases, the court may not believe that a 50/50 division of marital assets is fair. Rather, the higher hearing spouse may receive as little as 40 or 45 percent of the estate.

To learn more about how to divide assets and debts as part of your divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce for the Lower Earning Spouse

Posted on June 16 2021 by Todd Spivak and Rebecca Canterbury

The lower-earning spouse stands to gain financially in many divorce cases.

For instance, the lower-earning spouse may receive spousal support – monthly payments until the divorce is finalize. In some cases, the lower-earning spouse may also receive alimony – monthly payments that continue even after the divorce is finalized.

Additionally, the lower-earning spouse may be entitled to a larger division of the marital estate.

If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness under Pennsylvania law.

In addition to monthly support, the lower-earning spouse may be entitled to receive a 55 or even 60 percent share of the marital estate.

To schedule a consultation with an experienced divorce and family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearing: Do I Need A Lawyer?

Posted on June 16 2021 by Todd Spivak and Rebecca Canterbury

Q: I’ve been served with a PFA. Do I need an attorney?

A: Yes.

In Pittsburgh and surrounding counties, a free attorney is provided to anyone alleging abuse in PFA Court.

Therefore, if you are a PFA defendant, you should level the playing field by hiring an attorney to represent you.

Otherwise, you will be negotiating with and potentially facing off in court against a seasoned PFA lawyer.

A Final PFA carries significant consequences.

You may be evicted from your home and restricted from your children. You may lose your job. You could even lose your liberty and go to jail if accused of violating the PFA.

Spivak Law Firm provides strong, aggressive defense at Final PFA hearings. If necessary, we subpoena documents and witnesses. We are experienced trial lawyers.

We offer a free consultation for PFA matters and generally charge a flat fee so our clients know upfront exactly how much our representation will cost.

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