Family Law

Child Custody: Parenting During COVID-19

Posted on March 4 2021 by Todd Spivak and Rebecca Canterbury

Parents of young children may take solace or even find helpful tips or simple wisdom in hearing from others working through the challenges of parenting during the pandemic.

In a recently published letter, Lydia Kiesling relates meltdowns shared with her 6-year-old daughter during the lockdown:

“For months, she and I have found ourselves locked in an awful duet of upset and recrimination. I yell; she yells; we both cry. As March turned into April turned into June – as “you’ll see your friends soon” became “at least there will be kindergarten in the fall” became hopefully it will be safe by first grade” – it grew clear that even the most cosseted children won’t get out of this situation unscathed.”

She praises a seminal book on parenting: How to Talk So Kids Will Listen and Listen So Kids Will Talk, Adele Faber and Elaine Mazlish.

The book reminded her that life is flying by:

“I spent so much of the early pandemic days in a holding pattern that I failed to realize that the pandemic had become reality – that our crisis mode urgently needed to be retooled for a longer journey, emotionally as much as logistically. Regardless of how we feel about this period, it is happening, and the days continue to pass.”

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

PFA Orders May Affect Divorce

Posted on January 29 2021 by Todd Spivak and Rebecca Canterbury

Protection From Abuse (PFA) orders can significantly affect a divorce.

A PFA can evict a person from their own home for an extended period of time. If you are going through a divorce, a PFA can evict a spouse from the marital residence and provide the other spouse leverage for maintaining the residence as part of the divorce settlement.

A PFA can also restrict a parent from his or her children. This could have a detrimental effect on your custody rights as you proceed through divorce.

If your custody rights are restricted due to a PFA, you may also be required to pay child support as a result since the other parent is primarily raising the child.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, PFA defense, PFA for victims, division of assets and debts, spousal support, and alimony.

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

Child Custody and Separation Anxiety

Posted on January 29 2021 by Todd Spivak and Rebecca Canterbury

Separation anxiety is normal and happens as children begin to differentiate between things that are safe and familiar and things that are new and different.

Classic symptoms include clinginess when a parent or caregiver is present, and crying or short tantrums right after the person leaves the room or home.

For most kids, separation anxiety sets in between 8 and 12 months of age and fizzles out around age 3.

But for kids who have a condition called separation anxiety disorder, which affects between 3 and 5 percent of children, those meltdowns can persist into elementary school and even after. They may escalate over time and include physical symptoms such as headaches and stomach aches.

The current pandemic has added an extra layer of stress and disruption. Symptoms might increase, especially in households where one or more parents are essential workers who are now home less often.

Spivak Law Firm handles all areas of family law with a special focus on child custody, mental health, drug addiction, and domestic abuse.

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

Divorce Rates Increase Due to Politics, Economy

Posted on January 20 2021 by Todd Spivak and Rebecca Canterbury

Current political divisions have taken a toll on many relationships.

Family law attorneys and mental health professionals attest to an uptick in separation and divorce based at least partially on political differences.

Economic woes have also contributed to high stress levels experienced by many families, as fallout from the COVID-19 pandemic includes high rates of unemployment in many industries.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, division of assets and debts, estate planning, and Protection From Abuse (PFA).

To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Living Wills Amid COVID-19

Posted on January 20 2021 by Todd Spivak and Rebecca Canterbury

Elderly people may consider revising their living wills in light of COVID-19.

For older adults contemplating what might happen to them during the pandemic, ventilators may represent a terrifying lack of personal control.

Respiratory failure remains a signature consequence of COVID-19. Ventilators pump oxygen into patients’ bodies while they are in bed, typically sedated, with a breathing tube snaked down the windpipe.

For some seniors, this is their greatest fear: being hooked to a machine with the end of their lives looming. For others, there is hope that the ventilator might give them another shot at life.

People who are willing to be kept alive by ventilation tend to believe that life is worth living no matter the disability. By contrast, people who oppose ventilation for themselves may feel that life is not worth living if the health situation is so difficult

Spivak Law Firm routinely assists people with estate planning needs, including: drafting your living will, healthcare and financial powers of attorney, and last will and testament.

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

Guidance for Parents Seeking a Divorce

Posted on January 6 2021 by Todd Spivak and Rebecca Canterbury

Parents who wish to get a divorce typically have four major issues to resolve.

First, you must determine how to divide time with your children. This is known as child custody. Many parents equally share custody of their children, though there may be reasons for one parent to serve as the primary caregiver.

Second, you must determine if either parent is eligible to receive financial assistance. This may come in the form of child support or spousal support. Child support will be paid until all the minor children turn 18 or graduate from high school. Spousal support may end when the divorce is resolved or, in some cases, continue even after the divorce in the form of alimony.

Third, you must divide the marital estate by determining the values for all assets and debts accumulated during the marriage. Assigning values to some assets can prove complicated. For instance, appraisals may be necessary to determine the value of the marital residence, family business, or retirement accounts.

Fourth, you must obtain a decree in divorce. The decree is a legal document issued by the Court of Common Pleas in your county indicating that the divorce has been finalized. Some spouses wish to resume their maiden name when finalizing a divorce.

Spivak Law Firm handles all areas related to divorce and family law, including: child custody, child support, spousal support, alimony, division of assets and debts, name changes, and Protection From Abuse (PFA). 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.

Talking to Kids About Divorce

Posted on December 31 2020 by Todd Spivak and Rebecca Canterbury

Parents going through a divorce should take steps to protect their children’s emotional health.

Professionals recommend that parents determine in advance what they will say to their kids.

Parents should make clear that the divorce has nothing to do with the children, and work together to ensure consistency in their daily routines.

Individual counseling or family counseling may be helpful to address any lingering concerns.

Spivak Law Firm handles all family law matters, including: child custody, child support, divorce, and Protection From Abuse (PFA).

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

Child Custody: Back to School Amid COVID-19

Posted on December 31 2020 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, many school districts are offering parents three options for school amid COVID-19:

Option #1: Go to a physical classroom inside their school building
Option #2: Attend school online only
Option #3: Choose a hybrid of the first two options by going to a classroom for part of the week and attending school online for the remainder

Parents who share custody of their children may not agree on which option to choose. One parent may feel that send their child into a classroom is too risky given the coronavirus. One parent may feel strongly that the risk of infection by sending the child into a physical classroom is low and necessary to ensure proper learning.

If the parents cannot agree, then a hearing officer may make the decision for them at a school-choice hearing. Both parents will get the opportunity to explain their positions, and the hearing officer will make a decision based on the children’s best interests.

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

Factors For Modifying Child Support

Posted on December 16 2020 by Todd Spivak and Rebecca Canterbury

A child support order may be modified at any time based on a change in circumstance.

The following factors related to the child support order are considered:

The income of either parent significantly increases or decreases;
The child now has significant or continuing medical expenses;
Child care and/or medical insurance changes;
The parents are now living together; or
The child receiving support is 18-years-old and graduated from high school.

Spivak Law Firm routinely helps people at child support hearings by providing strong, compassionate, cost-effective representation.

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

Wills and Powers of Attorney For Young Adults

Posted on December 16 2020 by Todd Spivak and Rebecca Canterbury

It’s never too early to start thinking about drafting your Last Will and Testament and Powers of Attorney.

Clearly stating health care wishes and appointing a person to direct them are important at every age because accidents happen.

The trauma of an accident is exacerbated when sensitive health care decisions must be made based on assumptions, leaving family members, doctors, or even judges guessing about the patient’s values.

If you are healthy and young, you may still want to get certain wishes down in writing for just-in-case situations. For many parents, this means determining who will care for their children in the event of an emergency or crisis.

For more information about drafting your Last Will and Testament and Powers of Attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.